Financial Daily from THE HINDU group of publications
Wednesday, Jan 26, 2005

News
Features
Stocks
Port Info
Archives
Google

Group Sites

Corporate - Regulatory Bodies & Rulings


Corporate board representation remains a thorny issue

Richa Mishra
K.R. Srivats


Mr Ashok Lahiri (left), Chief Economic Advisor, Ministry of Finance, with Mr D. Swarup, Expenditure Secretary, coming from the SEBI board meeting in the Capital on Tuesday. - Ramesh Sharma

New Delhi , Jan. 25

COMPOSITION of corporate boards continues to be a vexed issue for both the Company Affairs Ministry and the capital market regulator.

The Government is understood to have used Tuesday's meeting of the Securities & Exchange Board of India (SEBI) board to raise a number of issues on the proposed revision to Clause 49 of the Listing Agreement.

Some of the proposed changes to Clause 49 are not in conformity with the existing Company Law, official sources said. SEBI has already held that the revised Clause 49 of the Listing Agreement would be implemented from April 1 this year. A key issue that is understood to have come up for discussion at the meeting is the extent of representation that should be granted to independent directors on a company's board.

It was pointed out that the existing Companies Act does not have a comprehensive definition of an independent director, sources said. Further, the Companies Act does not stipulate that corporate board should have 50 per cent representation from independent directors.

Sources pointed out that the concept paper for revamped company law does propose representation of independent directors in corporate boards. "SEBI should wait for the enactment of the new company law before implementing the revision to Clause 49 of the Listing Agreement," official sources said.

The proposed changes in Clause 49 envisage at least 50 per cent representation of independent directors in corporate boards. Ministry officials pointed out that the Listing Agreement though binding on the companies has lesser legal sanctity than Companies Act.

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page


Stories in this Section
Fire at Chennai Petro Manali oil storage tank


Glenmark Pharma completes Phase I trial on asthma drug
IVRCL bags Rs 440-cr orders
New-look Maruti 800 to cost more; Euro III version being rolled out
IL&FS Investment board meet on Feb 1
Reliance Info shares allotted at discounted price?
DoT firm on penalising Reliance Info: Maran
Cos to get time to comply with public shareholding norms
Govt acquires RBI stake in IDFC
Goodlass Nerolac gets nod to hike promoter holding
CLB to get new members
Corporate board representation remains a thorny issue
Ceylinco ties up with Shriram group company for property development
ONGC still keen on shipping jt venture
Ennore Foundries proposes rights issue


The Hindu Group: Home | About Us | Copyright | Archives | Contacts | Subscription
Group Sites: The Hindu | Business Line | The Sportstar | Frontline | The Hindu eBooks | The Hindu Images | Home |

Copyright © 2005, The Hindu Business Line. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu Business Line