On 26-09-2024, the Securities and Exchange Board of India (‘SEBI’) notifies the SEBI (Infrastructure Investment Trusts) (Third Amendment) Regulations, 2024 to further amend the SEBI (Infrastructure Investment Trusts) Regulations, 2014. This Regulation came into force on 27-09-2024. However, Regulation 3(2) of these Regulations will come into force on 25-11-2024.
Key Points:
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The 2024 Regulations has amended Regulation 16(8)(b) to state that the trading lot for trading units on the designated stock exchange shall be Rs. Twenty five lakhs. Earlier, the amount was rupees one crore.
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Regulation 18(6)(c) has been amended to state that the distributions made by the InvIT and the SPV shall be made within five working days from the record date. Earlier, such distributions had to be made not later than fifteen days from the date of declaration.
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By way of amendment, clause (aa) has been inserted in Regulation 22(2) to provide that the voting threshold shall be calculated based on the unit holders present and voting. An explanation to this clause states that, to determine the unit holders present and voting, the unit holders voting through electronic voting facility and postal ballot should be counted.
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A new proviso to clause (c) of Regulation 22(2) has been added which provides that a meeting of the unit holders may be called after giving shorter notice than that specified in clause (c) if consent is granted by writing or in electronic mode. In case of an annual meeting, consent by at least 95 percent of the unit holders will be required and in case of any other meeting, consent by majority of the unit-holders would be required.
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A new clause (f) has been inserted in Regulation 22 which provides that for all unit holder meetings, the manager should provide an option to the unit holders to attend the meeting through video conferencing or other audio-visual means as well as the option of remote electronic voting.
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Regulation 22(3)(b)(ii) has been amended to state that the votes in favour of a resolution shall be more than 50 percent of the total votes for the resolution unless otherwise specified.
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Sub-regulation (4) has been added in Regulation 26 to state that the manager and trustee must ensure that adequate backup systems, data storage capacity as well as some other arrangements for alternative means of communication are maintained for the records that are maintained electronically.
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Sub-regulation (5) has been added in Regulation 26 to state that the manager and trustee must ensure presence of a business continuity plan and a disaster recovery site for electronic records so that the data is maintained, and transaction integrity exists.
