Updates under SEBI as on 1st November 2019

Under regulation 30 of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (‘SEBI LODR Regulations’) a listed entity shall disclose to stock exchange(s) all events or information, which are material, as soon as reasonably possible and not later than twenty four hours from the occurrence of event or information. 
Further, SEBI (Prohibition of Insider Trading) Regulations, 2015 (‘SEBI PIT Regulations’), mandates prompt disclosure of unpublished price sensitive information that would impact price discovery no sooner than credible and concrete information comes into being. 
RBI vide Notification dated April 18, 2017 and amended Notification dated April 1, 2019 mandated banks to disclose certain cases of divergence in the asset classification and provisioning in the Notes to Accounts in the ensuing Annual Financial Statements published immediately following communication of such divergence by RBI to the bank.  
Accordingly, SEBI vide its Circular dated July 18, 2017 and amended Circular dated July 17, 2019 also specified the said disclosure requirements to all banks, which have listed specified securities.  
These disclosures in respect of divergence and provisioning are in the nature of material events / information and hence, necessitate immediate disclosure. Further, this information is also price sensitive, requiring prompt disclosure. 
Accordingly, in consultation with the RBI, it has been decided that the listed banks shall make disclosures of divergences and provisioning beyond specified threshold, as mentioned in aforesaid RBI notifications, as soon as reasonably possible and not later than 24 hours upon receipt of the Reserve Bank’s Final Risk Assessment Report (‘RAR’), rather than waiting to publish them as part of annual financial statements. The disclosures are to be made in either or both of the following cases: 
a. the additional provisioning for NPAs assessed by RBI exceeds 10 per cent of the reported profit before provisions and contingencies for the reference period, and 
b. the additional gross NPAs identified by RBI exceed 15 per cent of the published incremental Gross NPAs for the reference period. The format in which such disclosures are to be made has also been prescribed by RBI.
The format in which such disclosures are to be made has also been prescribed by RBI.
This shall come into force with immediate effect.

Divergence in Asset Classification and Provisioning for NPAs 

(Rs in thousands)
SrParticularsAmount
1Gross NPAs as on March 31, 20XX* as reported by the bank 
2Gross NPAs as on March 31, 20XX as assessed by RBI 
3Divergence in Gross NPAs (2-1) 
4Net NPAs as on March 31, 20XX as reported by the bank 
5Net NPAs as on March 31, 20XX as assessed by RBI 
6Divergence in Net NPAs (5-4) 
7Provisions for NPAs as on March 31, 20XX as reported by the bank 
8Provisions for NPAs as on March 31, 20XX as assessed by RBI 
9Divergence in provisioning (8-7) 
10Reported Net Profit after Tax (PAT) for the year ended March 31, 20XX 
11Adjusted (notional) Net Profit after Tax (PAT) for the year ended March 31, 20XX after taking into account the divergence in provisioning 
* March 31, 20XX is the close of the reference period in respect of which divergences were assessed

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