ARTICLE
27 August 2024

SEBI Issues A Circular Enabling Environmental, Social And Governance ("ESG") Rating Providers ("ERPs") To Undertake ESG Rating Activities Under IFSCA

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JSA Advocates and Solicitors is a top-tier, full-service Indian law firm. Established in 1991, at the start of India’s economic liberalisation, the firm has built a strong reputation for handling complex and high-stakes legal and commercial matters. The firm is organised around specialist practice areas and industry sectors. It works closely with leading Indian corporates, Fortune 500 companies, global financial institutions, and government and statutory bodies on important corporate, financing, and disputes mandates. JSA has a team of over 700 legal professionals, including 180+ partners, and operates from 10 offices across seven cities in India: Ahmedabad, Bengaluru, Chennai, Gurugram, Hyderabad, Mumbai, and New Delhi. The firm is consistently recognised as a top-tier practice by leading international legal directories, including Chambers & Partners (Asia-Pacific and Global), Legal 500, and AsiaLaw.
Under the SEBI (Credit Rating Agencies) Regulations, 1999 and the Master circular of ERPs, an ERP may undertake or offer ESG rating of any product or issuer, as may be required by another financial sector regulator...
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Under the SEBI (Credit Rating Agencies) Regulations, 1999 and the Master circular of ERPs, an ERP may undertake or offer ESG rating of any product or issuer, as may be required by another financial sector regulator or authority, under the guidelines of such regulator or authority. In furtherance of the same, the capital markets regulator added the International Financial Services Centres Authority ("IFSCA") which will now enable ERPs to undertake ESG rating activities in the International Financial Services Centre, Gujarat International Finance Tech-city. The SEBI circular, however, categorically mentions that the ESG ratings undertaken by an ERP under the guidelines of IFSCA will be under the purview of IFSCA only. Therefore, IFSCA has been empowered to oversee ERPs operating within the IFSC-GIFT City.

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