Understand the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, and SEBI (PIT) Regulations, 2015, regarding the maintenance of documents. Explore the illustrative list of documents, preservation periods, and archival policies for listed entities.
Maintenance of Documents as per SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 and SEBI (PIT) Regulations, 2015
The Board of Directors of the Company in pursuance of Regulation 9 of the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 (SEBI Listing Regulations) and other applicable provisions (including any statutory enactments/amendments thereof), adopted the following policy for preservation of documents (Policy) classifying them in at least two categories i.e. (a) documents whose preservation shall be permanent in nature; and (b) documents with preservation period of not less than eight years after completion of the relevant transactions. The listed entity may keep such documents in electronic mode.
Further Regulation 30 (8) of the SEBI Listing Regulations refers to an archival policy as per which all events or information which has been disclosed to stock exchange(s) under Regulation 30 shall be hosted on the website of the Company for a minimum period of five years and thereafter as per the archival policy of the company, as disclosed on its website. Archival policies of listed entities shall provide for preservation and destruction of documents. Following is the list of documents that needs to be maintained generally by listed entities:
Illustrative list of Documents identified under SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015
| Sl. No | Document | Provision | Regulation no. | Period |
| 1 | Compliance certificate (for compliance of Reg. 7(2) signed by compliance officer & share transfer agent) | Within one month from | 7(3) | Eight financial years |
| 2 | Statement giving the number of investor complaints pending at the beginning of the quarter, those received during the quarter, disposed of during the quarter and those remaining unresolved at the end of the Quarter. | within twenty one days from the end of each quarter | 13(3) | Eight financial years |
| 3 | Quarterly compliance report on corporate Governance | Within fifteen days from close of quarter | Eight financial years | |
| 4 | Prior intimation to stock exchange about the meeting of the board of directors | Within time prescribed | Eight financial years | |
| 5 | Disclosures of any material events or Information | Within time prescribed | Eight financial years | |
| 6 | Statement showing holding of securities and shareholding pattern separately for each class of securities | On a quarterly basis within 21 days from end of quarter | Eight financial years | |
| 7 | Statement of deviation(s) or variation(s) in the use of proceeds from the objects stated in the offer document or explanatory statement to the notice for the general meeting, for public issue, rights issue, preferential issue etc. | On quarterly basis along with financial results | Eight financial years | |
| 8 | Quarterly and year-to-date standalone/ consolidated financial results | Within 45 days from end of quarter | Eight financial years | |
| 9 | Annual Audited standalone/ consolidated financial results along with the results of the last quarter | Within 60 days from end of financial year | Eight financial years | |
| 10 | As part of financial results for the half year by way of a note a statement of assets and liabilities as at the end of the half-year | along with quarterly
Financial Results |
Eight financial years | |
| 11 | Annual Report | not later than the day of commencement of dispatch to its shareholders | Eight financial years | |
| 12 | A certificate from a practicing company secretary, certifying that all certificates have Been issued within thirty days of the date of lodgment for transfer, sub-division, consolidation, renewal, exchange or endorsement of calls/ allotment monies. | within one month of the end of each half of the financial year | Eight financial years | |
| 13 | Intimation of record date | Notice in advance of at least seven (3 working days in case of right issue) working days (excluding the date of intimation and the record date) to stock exchange | Eight financial years | |
| 14 | Details regarding the voting results of general Meetings | within forty eight hours of conclusion of its General Meeting, | Eight financial years | |
| 15 | Any and all kinds of filing to Stock Exchanges, viz. Press Release, Investors Presentation, etc. | Within time prescribed | ||
| 16 | Transcripts of post earning calls or quarterly calls by whatever name called | Shall be made available on website of stock exchange and company within five working days of end of call. | NSE/BSE guidance note dt: July 29, 2022 read with point 15 of para “A” of Part A of Schedule III. | For five years on website of listed entity and permanently thereafter. |
| 17 | Presentations made at post earnings calls or quarterly calls by whatever name called and audio/video recordings of post earnings calls or quarterly calls by whatever name called | It shall be promptly made available on the website and in any case before the next trading or within twenty four hours from conclusion of such calls. | NSE/BSE guidance note dt: July 29, 2022 read with point 15 of para “A” of Part A of Schedule III. | For five years on website of listed entity and thereafter as per archival policy of listed entity |
| 18 | Transcripts and audio/video recordings of post earnings calls or quarterly calls by whatever name called when any regulatory authority has initiated investigation. | Same as above | NSE/BSE guidance note dt: July 29, 2022 read with point 15 of para “A” of Part A of Schedule III. | Preservation to be done till investigations gets over |
| 19 | Apart from post earnings calls or quarterly calls listed entities sometimes hold one-to-one meets with certain investors. At such meets too following things are presented. There is no clarity on preservation of these docs. But it is suggested that as follows
Presentations and Audio or video recordings Transcripts |
Not required to be disclosed to stock exchange | No express provision | Five years on website and as per archival policy thereafter
Five years on website of listed entity and permanently thereafter. In case of investigation initiated by any regulatory authority then presentations, audio or video recordings and transcripts shall be preserved permanently. |
| 20 | Maintenance of structured digital database as per SEBI PIT | Not required to be intimated to stock exchange | Regulation 3(6) of SEBI PIT | Eight years |
| 21 | Maintenance of SDD when any regulatory authority has initiated inquiry or investigation. | Not required to be intimated to stock exchange | Regulation 3(6) of SEBI PIT | Till investigation gets over |
Above is an illustrative list of documents that can be kept by listed entities. Listed entities may as per their archival policies can add to the list of documents as mentioned above.
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Disclaimer: This article provides general information existing at the time of preparation and we take no responsibility to update it with the subsequent changes in the law. The article is intended as a news update and Affluence Advisory neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this article. It is recommended that professional advice be taken based on specific facts and circumstances. This article does not substitute the need to refer to the original pronouncement
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