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SEBI AMENDMENT ABOUT REGISTERED POST SUBSTITUTED WITH ‘SPEED POST’- more practical and timely amendment is desirable – speed post can be inserted or added instead of substitution made.

DEV KUMAR KOTHARI
SEBI amendment substitutes Registered Post with Speed Post, raising implementation, drafting and digital communication concerns. The amendment substitutes Registered Post with Speed Post (variously phrased as Speed Post with Registration and Speed Post with Registration with Acknowledgment Due) across specified SEBI regulations governing collective investment schemes, unfair trade practices, intermediaries, and issue and disclosure requirements, effective upon publication; the text contains inconsistent expressions and no stated reason, and the author warns substitution may create practical and compliance difficulties and recommends considering electronic communications and digital payments instead. (AI Summary)

New regulation is dt. 03.12.2025 and it will be effective on its publication in the Official Gazettee.

New regulation for amendment is “SECURITIES AND EXCHANGE BOARD OF INDIA (SUBSTITUTION OF REGISTERED POST WITH SPEED POST) (AMENDMENT) REGULATIONS, 2025”.

Reasons or purpose of amendment:

In the amendment Rules, any reason or purpose of amendment is not given.

Expressions used:

In the title of amendment Regulation words used are  REGISTERED POST  and  SPEED POST.  However, in the text of regulations we find use of other different expressions also.

Registered post:

Registered post was prescribed earlier and has been in use for long time and is a well-known means for sending documents particularly related with legal matters. People are accustomed to uses Registered Post with AD or without AD. For secured and safe delivery of documents/ parcels etc. with acknowledgement obtained.

Speed post:

Speed post was preferred for more speed. However,  now-a-days we find speed post service is also not so important for speed alone for the reason that besides speed post or registered post other electronic  methods are also used and adopted. Registered post  is also not very slow in comparison to speed post.

Speed post  facility was also not  available on small post offices and in small cities.

On net we find some information about phasing out of registered post or merging it into Speed Post service from first September 2025. However, there is no definite information about it and we find Registered Post service is still available as per India Post websites.

On social portals  like X handle of India Post  6:25 PM · Aug 7, 2025

we  find clarification that registered post is not discontinued but has been merged with Speed Post.

This means that registered post and speed post both are continuing.

Substitution:

Substitution of Registered Post with Speed post may cause problems due to several reasons. It was desirable to continue Registered post and in addition Speed Post could be prescribed. In case of substitution, difficulties may arise if some document is sent by Registered post for any reason. Therefore, ‘speed post ‘ could be inserted instead of substituted for effective amendment and its implementation.

Substitution is in the following regulations at specified places:

The Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999

The Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003.

The Securities and Exchange Board of India (Intermediaries) Regulations, 2008

The Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2018

Use of expressions:

In the amendment Regulations we find use of different expressions as follows:

Word ‘Substituted’ – 13 times

Words ‘Registered A.D’   1 time

Phrase “Speed Post with Registration with Acknowledgment Due”  3 times

 Phrase “Speed Post with registration”14 times

Words “Speed post”   15 times.

This shows that substitution of different expressions  is also not in proper and logical manner.

Any difference or reason for difference between different expressions is also not  apparent and needs clarification.

In view of adoption of email as official communication system, email could also be prescribed as method of giving notices.

Regarding payments, refunds etc. now-a-days method of digital payment is used therefore, speed post with acknowledgement due is of not much significance.

All these reasons shows that amendment should have been made after detailed thought and it must have been timely if the reason was proposed phasing out of Registered Post w.e.f. September,2025.

For a more comprehensive study and analysis the new Regulation is reproduced below with highlights added.

SECURITIES AND EXCHANGE BOARD OF INDIA

NOTIFICATION

Mumbai, the 3rd December, 2025

SECURITIES AND EXCHANGE BOARD OF INDIA (SUBSTITUTION OF REGISTERED POST WITH SPEED POST) (AMENDMENT) REGULATIONS, 2025

F. No. SEBI/LAD-NRO/GN/2025/281.— In exercise of the powers conferred by section 30 read with section 11 and section 19 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003Securities and Exchange Board of India (Intermediaries) Regulations, 2008 and the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2018, namely, –

1. These regulations may be called the Securities and Exchange Board of India (Substitution of Registered Post with Speed Post) (Amendment) Regulations, 2025.

2. They shall come into force on the date of their publication in the Official Gazette.

Amendments to the Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999

3. In the Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999, -

I. In Chapter V, in regulation 31, in sub-regulation (3), the words and symbols “Registered A.D.” shall be  substituted with “Speed Post with Registration with Acknowledgment Due”.

II. In the Sixth Schedule,

i. in paragraph 4, in clause (ii), the words “registered post” shall be substituted with “Speed Post with Registration”;

ii. in paragraph 17, the words “Registered Post” shall be substituted with “Speed Post with Registration”;

iii. in paragraph 30, in clause (v), the words “Registered Post with Acknowledgement Due” shall be substituted with “Speed Post with Registration with Acknowledgment Due”; and

iv. in paragraph 34, in clause 34.2, the words “registered post” shall be substituted with “Speed Post with Registration”.

Amendments to the Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003

4. In the Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003, -

I. In Chapter III, in regulation 11A, in sub-regulation (1),

i. in clause (b), the words “registered post” shall be substituted with “Speed Post with Registration”;

and

ii. in the proviso to clause (b), the words “registered post” shall be substituted with “Speed Post with Registration”.

Amendments to the Securities and Exchange Board of India (Intermediaries) Regulations, 2008

5. In the Securities and Exchange Board of India (Intermediaries) Regulations, 2008, -

I. In Chapter VI, in regulation 34, in sub-regulation (1), in clause (b), the words “registered post acknowledgement due” shall be substituted with “Speed Post with Registration with Acknowledgment Due”.

Amendments to the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2018

6. In the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2018,-

I. In Chapter III, in Part VII, in regulation 77, in sub-regulation (2), the words “registered post” shall be substituted with “Speed Post with Registration”.

II. In Chapter VIII,

i. in regulation 222, in sub-regulation (1), the words “registered post” shall be substituted with “Speed Post with Registration”; and

ii. in regulation 223, in sub-regulation (1), in clause (e), the words “registered post” shall be substituted with “Speed Post with Registration”.

III. In Schedule VI,

i. in Part A, in clause (15), in sub-clause (B), in item (24), in sub-item (c), in point (ii), the words “registered post” shall be substituted with “Speed Post with Registration”; and

ii. in Part B, in clause (1), in sub-clause (XVIII), in item (6), in sub-item (c), in point (iii), the words “registered post” shall be substituted with “Speed Post with Registration”.

AMIT PRADHAN, Executive Director

[ADVT.-III/4/Exty./519/2025-26]

Observations of author:

For reasons discussed earlier author feels that amendment should have been made after detailed thought and it must have been timely if the reason was proposed phasing out of Registered Post w.e.f. September,2025.

Compulsory  Aadhar and PAN  for concerned persons and wider use of mobile phones and emails by concerned persons new methods of communications like emails, and payments by digital methods should have been considered to obviate requirments of speed post with acknowledgement due etc.

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