Schedule II (Part E) - Bye-laws of Clearing Corporation, and procedure for submitting amendments to Articles/Rules/Bye- laws, etc., of a recognised stock exchange / recognized clearing corporation for approval of the Board
Bye-law requirements for clearing corporations mandate risk management, netting and formal amendment approvals before Board clearance. Clearing corporations must adopt bye-laws covering pay-in/pay-out timings, clearing and settlement rules, a risk management mechanism, netting, novation and guarantee processes, Fund contribution and utilisation norms, member rights and obligations, admission criteria, default handling and committees. Amendments to memorandum, articles, rules or bye-laws require governing board approval, shareholder approval where applicable, submission to the Board, and, where relevant, Gazette and State publication; proposals must include board minutes, shareholder resolutions and public criticism, except where amendments follow Board regulations or circulars.
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Provisions expressly mentioned in the judgment/order text.
Bye-law requirements for clearing corporations mandate risk management, netting and formal amendment approvals before Board clearance.
Clearing corporations must adopt bye-laws covering pay-in/pay-out timings, clearing and settlement rules, a risk management mechanism, netting, novation and guarantee processes, Fund contribution and utilisation norms, member rights and obligations, admission criteria, default handling and committees. Amendments to memorandum, articles, rules or bye-laws require governing board approval, shareholder approval where applicable, submission to the Board, and, where relevant, Gazette and State publication; proposals must include board minutes, shareholder resolutions and public criticism, except where amendments follow Board regulations or circulars.
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