, Associate co’s employee not ‘employee’ under SEBI (Share Based Employee Benefits) Regulations ~ CS GAURAV SHARMA

October 6, 2015

Associate co’s employee not ‘employee’ under SEBI (Share Based Employee Benefits) Regulations

SEBI amends SEBI (Share Based Employee Benefits) Regulations, 2014, alters definition of ‘employee’; Omits ‘a permanent employee’ & ‘director’ of an ‘associate co.’ from the purview of ‘employee’; Separately, clarifies that when a employee benefit scheme is being implemented through trust, the trust shall be required to hold the shares acquired through secondary acquisition for a minimum period of six months except where they are required to be transferred “whether off-market or on the platform of stock exchange”; Further amends the repeal clause, states that trust holding shares under any scheme which are shown either as ‘promoter’ or ‘public’ shareholding, shall be permitted to continue to be shown as such for a further period of only ‘three’ years instead of ‘five’ years earlier; Inserts a clause that trustees of a trust may continue to vote in respect of shares held by such trust for a period of three years, commencing from October 28, 2014 (date of enactment of SEBI (Share Based Employee Benefits) Regulations, 2014) : SEBI
SEBI repeals SEBI (Procedure for Search and Seizure) Regulations, 2014
SEBI repeals Securities and Exchange Board of India (Procedure for Search and Seizure) Regulations, 2014 : SEBI



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