compliance regarding regulation 55A of the SEBI (Depositories and Participants) Regulations, 1996

[Trupti Shah]

Hello,

I need to know the process part regarding regulation 55A of the SEBI (Depositories and Participants) Regulations, 1996 and also want to know due date for the same.

kindly guide me for this matter

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Thanks & Regards

Trupti I. Shah

Company Secretary

E-mail:- cstrup...@gmail.com

[Hardik Jetani]

Regulation 55A has been changed and now it is Regulation 76 of Depository Participant, Regulation 2018.

In case of process, RTA of Company will provides data bifurcation of share capital i.e. no. shares registered with each depository, physical shares etc. any pending share transfer etc. and based on such data Practicing Professional (CS/CA) shall issue Reconciliation of Share Capital Audit Report in prescribed format. 

Audit Report to be filed with the respective stock exchange on quarterly basis within 30 days from the end of each quarter. 

Time limit for filing of Report is not given in the Regulation but SEBI vide Circular No. D&CC/FITTC/Cir-16/2002 dated 31.12.02  instructed all issuer company to submit the same within 30 days and vide Circular SEBI/MRD/Policy/CIR-13/2004 advised stock exchange to take necessary action to draw the attention of the listed companies.

  

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Thanks & Regards,

CS. HarDik JeTani

(CS., B.COM)

Mo.:+91 94082 30805

E-Mail ID: cshar...@gmail.com

[Trupti Shah]

Thank you sir for your guidance

So is this applicable to only listed companies? or is it applicable to unlisted public limited company as well?

[Hardik Jetani]

Before it was applicable to Listed Company only. but, after insertion of Rule 9A of Companies (Prospectus and Allotment of Securities) Rules, 2014  it made applicable to unlisted public company also to file Half Yearly audit report. However, no form is specified in which Form such Report is to be filed with the Ministry.  

[Trupti Shah]

ok sir

so at present we have to wait till the form release by the MCA

[Hardik Jetani]

You can file the same in GNL-2

[Rinki Goyal]

should we file it in GLN-2 or wait for monistry notification

Regards,

Rinki Goyal,

Rinki Goyal & Associates.

PCS

Mumbai

[premnarayan tripathi]

File GNL 2, it will be approved.

 

Regard,

[Sankesh Rajgor]

Sir, 

6 months from conversion in demate or 6 months from financial year starting? 

[Trupti Shah]

If any one is having the format then please share the same.

[mayank joshi]

https://www.nseindia.com/corporates/content/Reconciliaton_Share_cap_audit.pdf  

click on this link.

With Best Regards,

Mayank Joshi

[Trupti Shah]

THANK YOU SIR FOR THE PROMPT REPLY

[meenakshi...@gmail.com]

what if the company hasn't got the isin number... still they have to file and if yes what all information needs to be given as the format only talks about demat part

[Trupti Shah]

Hello,

For completing above compliance, we need to file Form GNL - 2?

OR any other form and last date for filing this form is 30-04-2019?

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[meenakshi bhargava]

yes form GNL-2

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Thanks& Regards

CS Meenakshi Bhargava

[Trupti Shah]

ok

thanks

[Apoorv Shrivastava]

As per  55 A (1) Every issuer shall submit audit report on a quarterly basis starting from September 30, 2003 to the concerned stock exchanges audited by a qualified chartered accountant or a practicing company secretary, for the purposes of reconciliation of the total issued capital, listed capital and capital held by depositories in dematerialized form , the details of changes in share capital during the quarter and the inprinciple approval obtained by the issuer from all stock exchanges where it is listed in respect of such further issued capital.

If a Unlisted Public Limited Company having all the shares in physical form NO SHARES IN DEMAT FORM so why should we take audit report provided under regulation 55A of the securities and Exchange Board of India (Depositories and participants) Regulations, 1996?

Regards

CS Apoorv Srivastava

M.Com, LL.B, ACS

M:9554900154