SECP sets fit-and-proper criteria for restructuring firms

ISLAMABAD: The Securities and Exchange Commission of Pakistan (SECP) has issued new rules for the key executives of corporate restructuring companies (CRCs), aiming to improve risk management and transparency in the sector, a statement said on Tuesday.

The SECP said it had prescribed fit-and-proper criteria for the promoters, major shareholders, directors, and chief executive officers of CRCs, which are involved in the revival of distressed companies to strengthen the risk mitigation framework and enhance transparency in the approval process

"The circular, available on SECP’s website, outlines that an individual’s fitness and propriety will be evaluated based on factors such as integrity, track record, financial soundness, competence and capability, and potential conflict of interest with the CRC’s business" SECP said in a statement.

"Importantly, compliance with these criteria is perpetual, and CRCs are obligated to ensure adherence at all times. Furthermore, CRCs are required to monitor any changes in the status of their CEOs and directors."

The SECP said if any change results in non-compliance with the Fit and Proper Criteria, the CRC’s board is mandated to immediately cease the individual’s functions, inform the SECP, and initiate the process for replacing them with a suitable candidate.

The circular will streamline the licensing process for CRCs, fostering greater trust and reliability in the sector, it added. "Additionally, the Annexures for Information to be provided by promoters, major shareholders (other than a body corporate), proposed directors, and proposed chief executive officer of the CRC have been annexed to the Circular for guidance. Effective immediately, all CRCs are advised to comply with the provisions outlined in the Circular."