Sebi Defers Deadline For Companies to Split CMD and Chairman Post by Two Years

New Delhi: Markets regulator Sebi has deferred by two years to April 2022 its directive for listed companies to split the roles of chairman and managing director in view of demand from corporates and to keep compliance burden lower in the wake of the current economic scenario.

Under the Sebi norms, the top 500 listed entities by market capitalisation were mandated to comply with the requirement of separation of the roles of chairperson and managing director (MD) or chief executive officer (CEO) with effect from April 1, 2020.

The norms were aimed at improving corporate governance structure of listed companies. Now, the date of implementation of the regulatory provision has been deferred to April 1, 2022, according to a gazette notification dated January 10.

While the notice did not specify any reason for the move, sources said that the decision to defer the implementation has been taken in view of demand from corporates and also to ease the compliance burden amid a slowing economic growth rate.

The Securities and Exchange Board of India (Sebi) has been receiving various representations with respect to the regulatory requirements including from industry bodies like FICCI and CII. The representations highlighted the present levels of unpreparedness of listed entities to comply with the directive.

Data from stock exchanges reveal that presently, only around 50 per cent of the top 500 listed entities are in compliance with the regulatory provision.

Currently, many companies have merged the two posts as CMD (chairman-cum-managing director), leading to some overlapping of the board and management, which could lead to conflict of interest and consequently the regulator in May 2018 came out with its norms to split the post.

The norms were part of the series of recommendations given by the Sebi-appointed Kotak committee on corporate governance. A large number of big companies including Reliance Industries, BPCL, ONGC, Coal India, Wipro and HeroMotoCorp have a single person holding the twin post of chairman and managing director.