Relaxation from certain provisions for units allotted to an employee benefit trust for the purpose of a unit based employee benefit scheme, Alignment of timelines for making distribution by InvITs and Format of Quarterly Report and Complian

SEBI/HO/DDHS/DDHS-PoD-2/P/CIR/2024/159 · 2024-11-13 · Department of Debt and Hybrid Securities

Summary

SEBI grants an exemption from lock-in and preferential issue restrictions for units allotted to employee benefit trusts under the UBEB scheme. The circular mandates that the Bharat InvITs Association specify a uniform format for quarterly reports and compliance certificates submitted by investment managers. Additionally, it aligns the timeline for transferring unclaimed distribution amounts to an Escrow Account with revised regulatory timelines.

Text

The lock-in requirement mentioned at paragraph 7.6.2. and 7.6.3. above shall not be applicable in case of units allotted to an employee benefit trust for the purpose of a unit based employee benefit scheme in compliance with Chapter IVB of the InvIT Regulations.

Provided further that this restriction on preferential issue of units shall not be applicable in case of units allotted to an employee benefit trust for the purpose of a unit based employee benefit scheme in compliance with Chapter IVB of the InvIT Regulations.

To ensure uniformity across the industry, Bharat InvITs Association (“BIA”), in consultation with SEBI, shall specify the format of quarterly report and compliance certificate required to be submitted by the Investment Manager of the InvIT to the Trustee under Regulation 10(18)(a) and Regulation 9(3) of the InvIT Regulations respectively, and publish it on its website.

All InvITs shall follow the aforementioned format specified by BIA to ensure compliance with Regulation 10(18)(a) and Regulation 9(3) of the InvIT Regulations.

Where a distribution has been made by the Investment Manager within the timelines specified under Regulation 18(6)(c) of the InvIT Regulations, but the payment to any unitholders has remained unpaid or unclaimed, the Investment Manager shall, within seven working days from the date of expiry of timelines specified under Regulation 18(6)(c) of the InvIT Regulations, transfer such unclaimed amounts to an Escrow Account to be opened by it on behalf of the InvIT in any scheduled bank.

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Source: SecMarx — Relaxation from certain provisions for units allotted to an employee benefit trust for the purpose of a unit based employee benefit scheme, Alignment of timelines for making distribution by InvITs and Format of Quarterly Report and Complian. Verbatim text is public record; SecMarx structuring (linkage to applying orders) is cited to us.