POLICY ON PRESERVATION OF DOCUMENTS
LEGAL FRAMEWORK
Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“Listing Regulations”)
imposed certain obligations and disclosure requirements on all listed entities,
one of the common obligations for all listed entities pursuant
to Regulation 9 being to formulate and put in place a policy for preservation of documents.
The Board of Directors of Ecstasy Realty Private Limited (“the Company”) is required to formulate a policy for “Preservation of Documents”
to comply with the requirements of Regulation 9 of the Listing Regulations.
PURPOSE OF THE POLICY
The purpose of this policy is to establish the framework needed for effective management of the documents and set principles for
Company’s approach to preserve them. In order to efficiently conduct its business, the storage, retrieval and management of documents is critical.
A good document preservation program is fundamental to the Company’s commitment to administrative efficiency, transparency and accountability. It enables the Company to take decisions and actions by providing essential evidence in the form of documents.
This policy seeks to ensure that the Company’s business is adequately documented that are then managed in accordance with best practice. Preservation of documents is the responsibility of all staff & users of archives of the Company to ensure their continuous and timely availability.
EFFECTIVE DATE
This Policy is effective ___________________.
DEFINITIONS
“Preservation” is maintenance of documents, files and documents in usable form.
“Documents” means recording of information in any form including data in computer systems, created or retrieved and maintained by an organisation or person in the transaction of business or the conduct of affairs and kept as evidence of such activity.
“Document keeping” means making and maintaining complete, accurate and reliable evidence of business transactions in the form of
recorded information.
“Company” means Ecstasy Realty Private Limited.
“Board of Directors” or “Board” means the Board of Directors of Ecstasy Realty Private Limited, as constituted from time to time.
“Policy” means policy on Preservation of documents.
“Storage Options” means “Board of Directors” or “Board”.
Online storage: Documents are kept on a server or hard drive and are immediately available for use over a network. This option is best for documents that must be accessed frequently.
Near-line storage: Documents are stored on media such as optical disks in jukeboxes or tapes in automated libraries which are attached
to a network. Their retrieval is slower than compared to the online storage, it is appropriate for documents that are occasionally accessed.
Offline storage: Documents are stored on removable media and must be manually retrieved. This option provides the slowest access and should be used for documents that are only rarely needed.
“Listing Regulations” means the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements)
Regulations, 2015.
OBJECTIVE
This policy sets the standards for managing, storing and preservation of documents of the Company broadly classified in the following two categories:
A. The documents of a permanent nature (listed in Annexure 1) shall be maintained and preserved permanently by the Company subject to
the modifications, amendments, additions, deletions or any changes made therein from time to time.
Provided that all such modifications, amendments, additions, deletions in the documents shall also be preserved permanently by the
Company.
B. The documents to be maintained and preserved for a specified time period after completion of the relevant transactions (listed in Annexure-2)
shall be preserved by the Company for the term not less than eight years after completion of the relevant transactions subject
to the modifications, amendments, additions, deletions or any changes made therein from time to time.
Provided that all such modifications, amendments, additions or deletions in the documents shall also be preserved for a term not less than eight years.
Provided further that the Company may keep the documents as specified above in an electronic mode.
GENERAL
Notwithstanding anything contained in this policy, the Company shall ensure compliance with any additional requirements as may be prescribed under
any laws/regulations either existing or arising out of any amendment to such laws/regulations or otherwise and applicable
to the Company, from time to time.
DESTRUCTION OF DOCUMENTS
After the expiry of the statutory retention period, the preserved documents may be destroyed in such mode under any instructions approved
by the Board of Directors. Destruction of documents as a normal administrative practice will also be followed for the records which are duplicate/unimportant/irrelevant.
This applies to both Physical and Electronic Documents.
COMMUNICATION AND DISSEMINATION OF THE POLICY
For all new Employees, a copy of this policy shall be handed over as a part of the joining documentation, along with other HR related policies. For all existing Employees and Directors, a copy of this policy shall be posted on the intranet and the web-site of the Company.
AMENDMENTS
The Board may subject to the applicable laws amend any provision(s) or substitute any of the provision(s) with the new provision(s) or
replace this policy entirely with a new policy. However, no such amendment or modification shall be inconsistent with the applicable
provisions of any law for the time being in force.
Annexure 1
Documents whose preservation shall be permanent in nature
| Nature of Document(s) | |
| Certificate of Incorporation | |
| Certificate of change of name (if any) | |
| Memorandum and Articles of Association as amended from time to time | |
| Licenses & Statutory Approvals | |
| Statutory Registers required under applicable laws | |
| Audited financial statements | |
| Minutes of General Meeting | |
| Minutes of Board Meeting | |
| Minutes of various Committee Meetings | |
| Material Agreements/Contracts | |
| Orders issued by Courts/Statutory bodies | |
| Investment Documents/proofs including certificates etc. | |
| Any other document as may be required to maintain permanently in terms of applicable law(s), maintained and preserved from time to time. |
Annexure 2
Documents with preservation period of not less than eight years after completion of the relevant transactions
| Nature of Document(s) | |
| Books of Accounts | |
| Annual Return(s) | |
| Personnel Documents | |
| Insurance Policies/ Claims under various policies | |
| Correspondences with Departments/shareholders | |
| Non-Statutory Registers/Documents | |
| Films, Videos, CDs, DVDs, tapes etc. | |
| Any other document as may be required to maintain in terms of applicable law(s), maintained and preserved from time to time. |