Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Redressal of investor grievances through the SEBI Complaint Redressal (SCORES) Platform and linking it to Online Dispute Resolution platform

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e institution ("Entities") remain unresolved. Since then, SEBI has revised and strengthened the process of facilitating the redressal of grievances by such Entities. Currently, the process of investor grievances redressal on SCORES is governed by the Master Circular dated November 07, 2022 on "Processing of investor complaints against listed companies in SEBI Complaints Redress System - SCORES" (bearing reference SEBI/HO/OIAE/IGRD/P/CIR/2022 /0150). 2. In order to strengthen the existing investor grievance handling mechanism through SCORES by making the entire redressal process of grievances in the securities market comprehensive by providing a solution that makes the process more efficient by reducing timelines and by introducing auto-routing and auto-escalation of complaint, SEBI notified the Securities and Exchange Board of India (Facilitation of Grievance Redressal Mechanism) (Amendment) Regulations, 2023 and amended the regulations as mentioned under 'Schedule I' vide notification dated August 16, 2023. Consequently, it becomes necessary to revise the extant process for redressal of investors' grievances against Entities and provide for a mechanism through which Designated Bo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and Designated Bodies shall bring the provisions of this Circular to the notice of all listed companies and registered intermediaries, and disseminate the same on their respective websites. 9. This Circular is issued in exercise of powers conferred under Section 11(1) of the Securities and Exchange Board of India Act, 1992 to protect the interests of investors in securities and to promote the development of, and to regulate the securities market. 10. This Circular is available on SEBI website at www.sebi.gov.in. Yours faithfully, Vandana Rajesh Kumar Deputy General Manager Investor Grievance Redressal Division Office of Investor Assistance and Education Tel No. 022 26449646 Email id - [email protected] Annexure I Framework for handling of investor grievances received through SCORES by Entities and monitoring of the redressal process by designated bodies. 1. Submission of the Complaint and handling of the Complaint by the Entity: 1.1. All Entities shall review the investors' grievances redressal mechanism from time to time to further strengthen it and rectify the existing shortcomings, if any, in line with this circular. 1.2. All Entities who are in receipt of the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... plainant on SCORES within 10 calendar days of the review sought. 2.4. The Designated Bodies shall be responsible for: 2.4.1. Monitoring and handling grievance redressal of investors against respective entities under their domain as stipulated under Schedule II. 2.4.2. Taking non-enforcement actions including issuing advisories, caution letters for non-redressal of investor grievances and referring to SEBI for enforcement actions. 3. Second Review of the Complaint: 3.1. The complainant may seek a second review of the Complaint within 15 calendar days from the date of the submission of the ATR by the Designated Body. In case the complainant is satisfied with the ATR provided by the concerned Designated Body or complainant does not choose to review the Complaint within the period of 15 calendar days, the Complaint shall be disposed on SCORES. 3.2. In case the complainant is not satisfied with the ATR provided by the Designated Body or the concerned Designated Body has not submitted the ATR within 10 calendar days, SEBI may take cognizance of the Complaint for second review through SCORES. 3.3. SEBI may take up the review with stakeholders involved, including the concerned entit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he Draft Red Herring Prospectus has been submitted to SEBI. 5.3.2. Companies intending to list on SME/Debt Platform of stock exchange: A declaration that an application to list its securities has been submitted with the stock exchange/in-principal approval to list its securities has been obtained from the stock exchange. 5.4. The SCORES credentials shall be sent to the e-mail ID of the Compliance Officer or the Dealing Officer as provided in the online form. 5.5. Complaints against listed companies can be processed by companies in-house or through its Registrar to Issue and Share Transfer Agent (RTI/STA). In case the complaints are processed by the RTI/STA on behalf of the listed company, any failure on the part of the RTI/STA to redress the complaint or failure to update Action Taken Report (ATR) in SCORES, will be treated as failure of the listed company to furnish information to SEBI and non redressal of investor complaints by the listed company. 5.6. The Entities can update their primary e-mail address in SCORES where all notifications related to SCORES complaints are sent. 6. Access to SCORES Portal and other requirements applicable to Designated Bodies: 6.1. The Designa .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ines while also directing it to submit ATRs on the pending complaints and payment of the fines within 15 days from the date of such notice. 7.5. In case the listed company fails to redress the grievances and/or pay fine levied within 15 days from the date of such notice, the concerned DSE shall issue notices to the promoter(s) of such listed company, to ensure submission of ATRs on the pending complaints and payment of fines by the listed company within 10 days from the date of such notice. 7.6. In case the listed entity fails to comply with the aforesaid requirement and/ or pay fine levied within the stipulated period as per the notices, the DSE shall forthwith intimate the depositories to freeze the entire shareholding of the promoter(s) in such listed company as well as all other securities held in the demat account of the promoter(s). 7.7. The depository(ies) shall immediately freeze such demat accounts and also intimate the promoter(s) about the details of non-compliances resulting in freezing of their demat accounts. 7.8. In case the listed entity fails to pay the fine or resolve the complaint despite receipt of the notice as stated above, the DSE may initiate other actio .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ntity has rejected the complaint or the complainant has not received any communication from the concerned Entity; or 3.2. The complainant is not satisfied with the reply received or the redressal by the concerned Entity. 4. If any complaint filed on SCORES beyond the limitation period specified above, SEBI may reject such complaint. 5. The following types of complaints shall not be dealt through SCORES: 5.1. Complaints against companies which are unlisted/delisted and companies on Dissemination Board of Stock Exchanges (except complaints on valuation of securities). 5.2. Complaints relating to cases pending in a court or subject matter of quasi-judicial proceedings, matters pending with Online Dispute Resolution of SEBI etc. 5.3. Complaints falling under the purview of other regulatory bodies such as Reserve Bank of India, (RBI), Insurance Regulatory and Development Authority of India (IRDAI), Pension Fund Regulatory and Development Authority of India (PFRDAI), Competition Commission of India (CCI), or complaints falling under the purview of other ministries. 5.4. Complaints against a company under resolution under the relevant provisions of the Insolvency and Bankruptcy Cod .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Securities and Exchange Board of India (Collective Investment Scheme) Regulations, 1999 11(F); 14B 8. SEBI (Issue and Listing of Securitised Debt Instruments and Security Receipts) Regulations, 2008 7C; 11(3)(r); 11A 9. Securities and Exchange Board of India {KYC (Know Your Client) Registration Agency} Regulations, 2011 16C 10. Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012 24A 11. Securities and Exchange Board of India (Investment Advisers) Regulations, 2013 21(1) 12. Securities and Exchange Board of India (Research Analysts) Regulations, 2014 26B 13. Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014 26F 14. Securities and Exchange Board of India (Infrastructure Investment Trusts) Regulations, 2014 26L 15. Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 13 16. Securities and Exchange Board of India (Issue and Listing of Municipal Debt Securities) Regulations, 2015 27C 17. Securities and Exchange Board of India (Depositories and Participants) Regulation, 2018 7(g), 36(2)(f); 72 18 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... share certificate 6. Non receipt of fractional entitlement 7. Non receipt of interest for delay in dividend 8. Non receipt of interest for delay in payment of interest on debt security 9. Non receipt of interest for delay in redemption proceeds of debt security 10. Non receipt of interest for delay in refunds 11. Non receipt of interest on securities 12. Non receipt of redemption amount of debt securities 13. Non receipt of refund in Public/ Rights issue 14. Non receipt of Rights Issue form 15. Non receipt of securities after conversion/ endorsement/ consolidation/ splitting 16. Non receipt of securities after transfer 17. Non receipt of securities in public/ rights issue 18. Non receipt of shares after conversion/ endorsement/ consolidation/ splitting 19. Non receipt of shares after transfer 20. Non receipt of shares after transmission 21. Non receipt of shares in public/ rights issue (including allotment letter) 22. Non-receipt of interest for delay in dispatch/credit of securities 23. Receipt of refund/ dividend in physical mode instead of electronic mode 24. Receipt of shares in physical mode instead of electronic mode 25. Demat/Remat 2 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates