BSE, NSE issued guidelines for companies undergoing insolvency proceedings

BSE, NSE issued guidelines for companies undergoing insolvency proceedings

A guide note will be uploaded to the exchange website, an email will be sent to all companies under CIRP informing them of the manual. In an effort to address asymmetry details between investors, stock exchanges, the NSE, and the BSE, a framework was released on Friday to deal with companies dealing with the process of resolving financial liquidity in companies. In the past, the exchange has encountered situations where an approved settlement plan provides for the removal of a company or the cancellation / writes off of existing shares without payment or consideration by existing shareholders. However, it is clear that there is still time between the announcement of the oral order by the NCLT and the final written order of the NCLT, the exchange said in separate statements.

Companies generally adhere to the information and do not make timely disclosures on the stock exchange until they receive a written copy of the order. At this point, the data may be available to a selected group of people and may create details of asymmetry and confusion in the market.

Under the framework, the exchanges will issue a detailed note to companies undertaking the Corporate Insolvency Resolution Process (CIRP) and Resolution Professional (RP) regarding compliance requirements in accordance with SEBI’s (Listing Obligations and Disclosure Requirements) LODR Regulations.

A guide note will be uploaded to the exchange websites, an email will be sent to all CIRP subsidiaries informing them of the management letter. The guideline note provides that Resolution Professional must comply with LODR regulations and in accordance with it, will disclose the fact of approval of the oral decision or another order process as soon as possible and within 30 minutes. In addition, the RP will need to notify through the exchange platform of any impact on listed investment investors, in areas such as listing status, holding holdings of existing owners, canceling or cancellation of existing shareholders or preferred shares or liabilities at no cost to those owners.

In addition, the indicator note provides that companies / Resolution professionals will be guided by the provisions of the LODR Regulations and will maintain the confidentiality of the settlement process until the information can be sent to the exchange platform. SEBI and LODR manage authorized disclosures at various stages by companies undergoing CIRP. As soon as the company was introduced to the CIRP, the negotiators said it would identify and mark security in a timely manner, making it easier for members and market participants to know that security is currently in IBC systems.

The list of security features will also be available on commercial websites. The exchange said it would continue to issue a warning during the placement of the order informing market participants that the fund was made by CIRP. In addition, members of the trade are advised to include this warning immediately in their previous plans.

"As this warning will be available from the date of implementation of the CIRP until the date of suspension of the company/exit from the CIRP process as directed by the NCLT, market participants will clearly know the company's position and will apply the necessary diligence to trade security," Bourses said. In cases where the Resolution Plan provides that the listed shares are treated as zero and the company is to be reduced or where all shares are deducted free of charge from existing shareholders, a joint venture, based on the company's oral / RP order confirming the provision of the Resolution Plan, immediately.

The exchanges said they would regularly monitor the compliance of all CIRP companies with a view to disclosure, and any perceived non-compliance would be reported to major market regulator SEBI for further action.


Damini Nagar
B.A LLB from Indore institution of Law

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