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SEBI and FMC
1. Securities and Exchange Board of India
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2. About
SEBI
โข The Securities and Exchange Board of India was established on April 12, 1992 in
accordance with the provisions of the Securities and Exchange Board of India Act,
1992 as a non-statutory body for regulating the securities market.
โข It became an autonomous body by the Government of India on 12 May, 1992 and
given statutory powers in 1992 with SEBI Act 1992 being passed by the Indian
Parliament.
โข SEBI has its headquarters at the business district of Bandra Kurla Complex in
Mumbai, and has Northern, Eastern, Southern and Western Regional Offices in New
Delhi, Kolkata, Chennai and Ahmedabad respectively
3. Preamble
โข The Preamble of the Securities and Exchange Board of India describes the basic
functions of the Securities and Exchange Board of India as "...to protect the
interests of investors in securities and to promote the development of, and to
regulate the securities market and for matters connected therewith or incidental
thereto".
โข SEBI has to be responsive to the needs of three groups, which constitute the
market:
a) issuers of securities
b) investors
c) market intermediaries
5. Functions of
SEBI
SEBI has three functions rolled into one body:
โข Quasi- legislative
โข Quasi- judicial
โข Quasi-executive
6. Powers
๏ผ To approve byโlaws of Securities exchanges.
๏ผ To require the Securities exchange to amend their byโlaws.
๏ผ Inspect the books of accounts and call for periodical returns from recognized
Securities exchanges.
๏ผ Inspect the books of accounts of financial intermediaries.
๏ผ Compel certain companies to list their shares in one or more Securities exchanges.
๏ผ Registration of Brokers and sub-brokers
7. Stock
Exchange
A market in which securities are bought and sold
List of Stock Exchange
๏ผ BSE Ltd.
๏ผ Calcutta Stock Exchange Ltd.
๏ผ India International Exchange(India INX)
๏ผ Metropolitan Stock Exchange of India Ltd.
๏ผ National Stock Exchange of India Ltd.
๏ผ NSE IFSC Ltd.
8. Recognised
Intermediaries
An intermediary helps people to invest their money in stock market. It may be an
organization or a fund manager. It acts as a mediator in the market.
There are various Intermediaries who are registered with SEBI and provide services
to various investors.
Types of Intermediaries registered which SEBI
Investment Funds, Stock brokers in equity segment, Debt segment, CRA, Investment
Advisor, KYC, Merchant Banker, CDSL, Mutual funds & real estate investment trust
etc.
9. Application
Formats and
Fees
Here intermediaries can download various application forms that are required to fill
and submitted to SEBI
๏ผ Forms like
๏ผ Credit Rating Agencies
๏ผ Debenture Trustee
๏ผ Merchant Bankers
๏ผ Stock Brokers & Sub Brokers
๏ผ Registrars to the Issue and Share Transfer Agents
10. Departments & Divisions
1.Corporation Finance Department (CFD)
The Corporation Finance Department deals with matters relating to
(i) Issuance and listing of security including initial and continuous listing requirements
(ii) Scheme of arrangements involving merger/ demerger, amalgamation, reduction in capital
(ii) Corporate governance and accounting/auditing standards
(iii) Corporate restructuring through Takeovers/ buy backs
(iv) Delisting etc.
11. 2. Corporation Finance Department (CFD)
The Division handles work relating to:
a. Policy formation pertaining to
(i) primary market
(ii) disclosures in offer documents
(iii) listing
b. Issuance of observations on the draft offer documents of public issues and rights issues & on documents
pertaining to scheme of arrangement.
c. Investor complaints relating to public issues, rights issues and schemes of arrangement.
12. 3. Division of Corporate Restructuring
a. Issuance of observations on the draft offer documents pertaining to open offers and buy-backs
b. All matters including policy formation pertaining to
(i) Substantial Acquisition and Takeovers
(ii) Buy back of securities
4. Compliance and Monitoring Division
a. Investor complaints relating to non-compliance with Listing Regulations
b. Inspection of stock exchanges.
c. Guidance to Stock Exchanges on listing matters, vanishing companies in consultation with respective Registrar of Companies.
13. 5) Department Economic and Policy Analysis (DEPA)
The Department will handle its functions through the following
Divisions:
1. Statistics Division
2. Publication Division
3. Regulatory Research Division
4. History Cell
6) Department of Debt and Hybrid Securities (DDHS)
1. Primary Issuance and Policy
2. Post Issuance, Compliance and Monitoring
14. 8) Enquiries and Adjudication Department (EAD)
The Enquiries and Adjudication Department would handle quasi-judicial matters and provide timely hearings and
initiates adjudication brought by the other Departments against alleged violators who are within SEBI's
disciplinary jurisdiction.
9) General Services Department (GSD)
This department would support all of the internal operations of SEBI. The Department will have the following
divisions:
1. Treasury and Accounts Division
2. Facilities Management Division
3. Official Language Division
4. Office of the Secretary to the Board
5. Protocol and Security Division
15. 10 )Vigilance Department (Vigilance Dept.)
The Central Vigilance Commission (CVC), an apex organisation for maintaining probity in public life, provides necessary guidelines for
effectively carrying out vigilance administration in all departments/ organisations
11) Office of International Affairs (OIA)
SEBI has emerged as a key member of international standard setting bodies and global forums, where it is making effective
contribution to their ongoing work programs. With the ever-evolving and dynamic nature of capital markets, it is important to be
abreast of global developments while introducing and implementing regulatory measures domestically.
16. 12 )Regional Offices (RO's)
The Regional Office will handle work as per existing delegation and shall continue to report to functional heads for specific departmental
functions while reporting administratively to SEBI Executive Directors
13) Commodity Derivatives Market Regulation Department (CDMRD)
โข Division of New Products and Market Policy.
โข Division of Exchange Administration.
โข Division of Inspection.
โข Division of Risk Management.
โข Division of Complaints
โข Division of Products
17. 14) Enforcement Department - 1 (EFD1)
The division shall enforce action against market misdemeanors through SEBI administrative proceedings. The role of the Division
shall commence from the time the hearing before Chairman/Board is proposed. The Division will assist the Chairman/Board in its
proceedings, prepare the orders, and handle all matters relating to SAT, appeals against SAT orders and Court cases relating to
regulatory action. The Division will also frame the procedures relating to the above matters.
15) Enforcement Department - 2 (EFD2)
Enforcement Department - 2 (EFD-2) is responsible for handling Appeals against SEBI orders filed before the Honโble Securities
Appellate Tribunal (SAT), Appeals filed against the SAT order in the Honโble Supreme Court, Criminal Complaints filed by SEBI in
appropriate Courts and Settlement Proceedings. EFD-2 Comprises of three divisions, namely:
1) SAT Litigation Division
2) Prosecution Division
3) Settlement Division
18. 16) Market Regulation Department (MRD)
The Market Regulation Department (MRD) is responsible for formulation of policy and supervision of functioning and
operations of Market Infrastructure Institutions (MIIs)such as, Stock Exchanges, Depositories and Clearing Corporations. MRD
consists of the following divisions:
1. Division of Policy (DoP)
2. Division of SRO Administration (DSA)
17) Office of the Chairman (OCH)
Communications Division
The division would be responsible for all communications of SEBI. These include:
Media releases and other forms of communication including the publication of SEBI materials.
News conferences and responding to inquiries from the press.
19. 18) Human Resources Department (HRD)
The Human Resources Division will perform all the functions in its role as the principal personnel and human resources
authority in SEBI.
Division of Foreign Portfolio Investors & Custodians (Division of Foreign Portfolio Investors & Custodia)
19) Information Technology Department (ITD)
This department would perform its role as the technical support group for SEBI.
20. 20) Integrated Surveillance Department (ISD)
The Integrated Surveillance department is responsible for market surveillance of all segments of Securities market
21) Investigations Department (IVD)
Conducting investigations on potentially illegal market activities.
Providing referrals to the enforcement department.
Assisting the enforcement department in enforcing SEBI action against violators
21. 22) Investment Management Department (IMD)
The Investment Management department is responsible for registering and regulating mutual funds, venture capital funds,
foreign venture capital investors
1. Division of Funds
2. Division of Foreign Portfolio Investors and Custodians
3. Division of Collective Investment Schemes
23) Legal Affairs Department (LAD)
The Department of Legal Affairs would be responsible to provide legal counsel to the Board and to its other departments.
1. Divisions of Policy- General
2. Division of Policy and Regulatory Affairs for Commodity Derivatives.
3. Division of Regulatory Assistance - General
22. 24) Market Intermediaries Regulation and Supervision Department (MIRSD)
The Market Intermediaries Regulation and Supervision Department is responsible for the registration,
supervision, compliance monitoring and inspections of all market intermediaries in respect of all segments of
the markets viz. equity, equity derivatives, currency derivatives, debt and debt related derivatives and
commodity derivaitve.