CS Executive · Capital Market and Securities Laws · Securities Contracts (Regulation) Act, 1956
Before approving a corporatisation scheme under the SCRA, SEBI concludes that the scheme is not in the interest of the trade and the public interest and decides to reject it. Which step must SEBI follow before passing the order of rejection?
SEBI must give a reasonable opportunity of being heard to all persons concerned and to the recognised stock exchange before passing an order of rejection. Section 4B(5) then requires the rejection order to be published in the Official Gazette.
- AObtain prior consent of the Central Government
- BGive a reasonable opportunity of being heard to all persons concerned and the exchange concernedCorrect
- CRefer the scheme to the High Court for confirmation
- DPublish the scheme in two daily newspapers for objections
Explanation
Under the proviso to section 4B(5), SEBI must give a reasonable opportunity of being heard to all persons concerned and the recognised stock exchange before rejecting the scheme. The order of rejection is then published in the Official Gazette. Government consent or court confirmation is not required.
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