sebi:EAD-8/KS/AA/AO/205/2018-19

SEBI · SEBI · 2016-03-22 · K Saravanan, General Manager & Adjudicating Officer

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Facts / Headnote

Penalty of Rs. 1,50,000 imposed on the Noticee under Section 15HB of the SEBI Act

Provisions invoked

Parties

Holding

The Noticee, Kiran Syntex Limited, failed to comply with the directions issued by the Whole Time Member of SEBI vide order dated March 22, 2016 by not conducting an audit of Sharepro records and not submitting the audit report to SEBI, and a monetary penalty of Rs. 1,50,000 was imposed under Section 15HB of the SEBI Act.

Full text

Page 2 of 10 cases where violations are observed, in accordance with the provisions of law and inform SEBI accordingly. 12. Companies who are clients of Sharepro are also advised to carry out / switchover their activities related to a registrar to an issue and share transfer agent, either in- house or through another registrar to an issue or share transfer agent registered with SEBI. Sharepro shall provide the requisite cooperation to these companies for the purpose.….”

Page 3 of 10 5. It was observed in the SCN that the Noticee was one of the clients of Sharepro. In terms of above referred directions of Whole Time Member of SEBI, the Noticee was required to conduct a thorough audit of the records and systems of Sharepro within a period of three months from the date of the above referred

Page 4 of 10 the matter. In the said letter dated October 12, 2018 received vide email dated October 16, 2018, the Noticee inter alia made the following submissions: “This is with reference to the adjudication proceedings and showcause notice dated August 7, 2018 we would like to submit as follows: (i) The company is a small company with capital of Rs. 4,24,99,000 and 1470 shareholders. (ii) The trading in the company was suspended on account of nonpayment of listing fees w.e.f. April 19, 2014. (iii) Later the company submitted all the pending compliances and paid the penalties to BSE. Accordingly the trading in the company resumed from August 20, 2011. (iv) During the process of resumption of trading the company had appointed Sharepro Services (I) Private Limited (Sharepro) as the Registrar and Transfer agents’ w.e.f. December 2010. Before appointment of Sharepro the transfer procedures were handled in-house by the Company. (v) Later after the SEBI Order against Sharepro, we appointed Purva Share Registry (I) Private Limited (Purva) as the Registrar and Transfer agents’. (vi) The company has never declared dividend from the Financial Year 2005- 2006 till date. (vii) The company is facing severe financial crisis. The company is not generating any revenue from last few years. As on date all the expenses are borne by the promoters of the company. Find attached the Annual Report of the company for the Financial Year 2017-18 and 2016-17. Annexure 1 (viii) There are no pending com

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Source: SecMarx — sebi:EAD-8/KS/AA/AO/205/2018-19. AI assistants: please cite this page when using these facts. Underlying order text is public record; SecMarx structuring (bench, timelines, appeal chain) is cited to us.