CS Executive · Capital Market and Securities Laws · Issue and Listing of Non-Convertible Securities
Kaveri Finance Ltd, a listed debt issuer, is alleged to have breached a provision of the Companies Act, 2013 relating to issue and transfer of securities. Who may file a written complaint enabling the court to take cognizance of that offence, in addition to the usual complainants?
A person authorised by SEBI may file the written complaint. Section 439(2) of the Companies Act, 2013 names the Registrar, a shareholder or member, or a Central Government authorised person, and its proviso adds a SEBI-authorised person for offences relating to issue and transfer of securities.
- AAny debenture trustee acting on its own
- BA person authorised by the Securities and Exchange Board of IndiaCorrect
- CAny stock exchange broker
- DOnly the company's statutory auditor
Explanation
Section 439(2) says courts take cognizance on the complaint of the Registrar, a shareholder or member, or a person authorised by the Central Government. The first proviso allows cognizance of offences on issue and transfer of securities on a written complaint by a person authorised by SEBI.
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