Rule · SEBI · 28 Nov 2024
These regulations replace notary and affidavit requirements with self-attestation across multiple SEBI frameworks, including Custodian, Credit Rating Agencies, KYC Registration Agencies, and Delisting rules. Specifically, clauses in Forms A, C, and F under these regulations must substitute “attested as true by an authorised notary” or “notary public” with “self-attested.” Provisions requiring “duly sworn affidavit” or “duly notarized” execution are deleted or replaced with self-attestation mandates. The regulations come into force upon publication in the Official Gazette.
7703 GI/2024 (1)
REGD. No. D. L.-33004/99 xxxGIDHxxx xxxGIDExxx EXTRAORDINARY
PART III—Section 4
PUBLISHED BY AUTHORITY
SECURITIES AND EXCHANGE BOARD OF INDIA
MUMBAI, NOVEMBER 28, 2024
SECURITIES AND EXCHANGE BOARD OF INDIA (ATTESTATION OF DOCUMENTS) (AMENDMENT) REGULATIONS, 2024 F. No. SEBI/LAD-NRO/GN/2024/212.—In exercise of the powers conferred by section 21A, section 23JA and section 31 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956), section 11, section 11A, section 12, section 15JB and section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), section 19-IA and section 25 of the Depositories Act, 1996 (22 of 1996), and clause (f) of sub-section (2) of section 68 of the Companies Act, 2013 (18 of 2013), the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Custodian) Regulations, 1996, Securities and Exchange Board of India (Credit Rating Agencies) Regulations, 1999, Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011, Securities and Exchange Board of India {KYC (Know Your Client) Registration Agency} Regulations, 2011, Securities and Exchange Board of India (Buy-back of Securities) Regulations 2018, Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018, Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018, Securities and Exchange Board of India (Delisting of Equity Shares) Regulations, 2021, Securities and Exchange Board of India (Index Providers) Regulations, 2024, namely:– No. 954] NEW DELHI, THURSDAY, NOVEMBER 28, 2024/AGRAHAYANA 7, 1946 CG-MH-E-28112024-258999 CG-MH-E-28112024-258999
2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4] SECURITIES AND EXCHANGE BOARD OF INDIA (Delisting of Equity Shares) Regulations, 2021 and Securities and Exchange Board of India (Index Providers) Regulations, 2024, the following regulations are made, namely:–
[PART III—Section 4] THE GAZETTE OF INDIA : EXTRAORDINARY 3
8. In Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018, in the First Schedule,
(1) in Form A, in clause x, the words “attested as true by an authorised notary” shall be substituted with the words “self-attested”; (2) in Form C, in clause ix, the words “attested as true by an authorised notary” shall be substituted with the words “self-attested”; and (3) in Form F, in clause x, the words “attested as true by an authorised notary” shall be substituted with the words “self-attested”.
9. In Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018, in Part C of Schedule-I,
(1) the words “and duly notarized at the time of execution” shall be deleted; and (2) before the words “application with stamp duty”, the word “self-attested” shall be inserted.
10. In Securities and Exchange Board of India (Delisting of Equity Shares) Regulations, 2021, in regulation 42, in sub-regulation (2), the words “supported by a duly sworn affidavit” shall be substituted with “which shall be self-attested”.
11. In Securities and Exchange Board of India (Index Providers) Regulations, 2024, in Schedule I, in Form A, in clause 1, the words “attested as true by a notary public” shall be substituted with the words “self-attested”.
BABITHA RAYUDU, Executive Director
[ADVT.-III/4/Exty./723/2024-25]
SECURITIES AND EXCHANGE BOARD OF INDIA
NOTIFICATION
Mumbai, the 28th November, 2024
SECURITIES AND EXCHANGE BOARD OF INDIA (ATTESTATION OF DOCUMENTS) (AMENDMENT) REGULATIONS, 2024 F. No. SEBI/LAD-NRO/GN/2024/212.—In exercise of the powers conferred by section 21A, section 23JA and section 31 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956), section 11, section 11A, section 12, section 15JB and section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), section 19-IA and section 25 of the Depositories Act, 1996 (22 of 1996), and clause (f) of sub-section (2) of section 68 of the Companies Act, 2013 (18 of 2013), the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Custodian) Regulations, 1996, Securities and Exchange Board of India (Credit Rating Agencies) Regulations, 1999, Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011, Securities and Exchange Board of India {KYC (Know Your Client) Registration Agency} Regulations, 2011, Securities and Exchange Board of India (Buy-back of Securities) Regulations 2018, Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018, Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018, Securities and Exchange Board of India (Delisting of Equity Shares) Regulations, 2021, Securities and Exchange Board of India (Index Providers) Regulations, 2024, namely:–
4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC.4]
2. They shall come into force on the date of their publication in the Official Gazette.
3. In the Securities and Exchange Board of India (Custodian) Regulations, 1996, in the First Schedule, in Form A, in clause x, the words “attested as true by an authorised notary” shall be substituted with the words “self-attested”.
4. In Securities and Exchange Board of India (Credit Rating Agencies) Regulations, 1999, in the First Schedule, in Form A, in clause 1, the words “attested as true by a notary public” shall be substituted with the words “self-attested”.
5. In Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011, in regulation 11, in sub-regulation (3),
(1) the words “supported by a duly sworn affidavit,” shall be deleted; and (2) before the words “application with the Board”, the word “an” shall be substituted with the word “a” and the word “self-attested” shall be inserted.
6. In Securities and Exchange Board of India {KYC (Know Your Client) Registration Agency} Regulations, 2011, in Schedule I, in Form A, in clause 1, the words “attested as true by a notary public” shall be substituted with the words “self-attested”.
7. In Securities and Exchange Board of India (Buy-back of Securities) Regulations 2018, in regulation 28, in clause (ii),
(1) the words “supported by a duly sworn affidavit,” shall be deleted; and (2) before the words “application with the Board”, the word “an” shall be substituted with the word “a” and the word “self-attested” shall be inserted.
8. In Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018, in the First Schedule,
(1) in Form A, in clause x, the words “attested as true by an authorised notary” shall be substituted with the words “self-attested”; (2) in Form C, in clause ix, the words “attested as true by an authorised notary” shall be substituted with the words “self-attested”; and (3) in Form F, in clause x, the words “attested as true by an authorised notary” shall be substituted with the words “self-attested”.
9. In Securities and Exchange Board of India (Settlement Proceedings) Regulations, 2018, in Part C of Schedule-I,
(1) the words “and duly notarized at the time of execution” shall be deleted; and (2) before the words “application with stamp duty”, the word “self-attested” shall be inserted.
10. In Securities and Exchange Board of India (Delisting of Equity Shares) Regulations, 2021, in regulation 42, in sub-regulation (2), the words “supported by a duly sworn affidavit” shall be substituted with “which shall be self-attested”.
11. In Securities and Exchange Board of India (Index Providers) Regulations, 2024, in Schedule I, in Form A, in clause 1, the words “attested as true by a notary public” shall be substituted with the words “self-attested”.
BABITHA RAYUDU, Executive Director
[ADVT.-III/4/Exty./723/2024-25]
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