This document provides an overview of SEBI regulations for Depository Participants (DPs) in India. It discusses that the depository system is regulated by acts like the Depositories Act of 1996 and SEBI regulations of 1996 and 2018. Depository Participants act as an intermediary between investors and depositories, offering depository services to beneficial owners. The document outlines the key constituents of the depository system, including depositories, issuer companies, beneficial owners, and DPs. It also describes eligibility criteria for entities to become a DP, such as public financial institutions, scheduled banks, and stock brokers. Important provisions governing DPs require them to obtain registration certificates from SEBI and recognize depository bye-laws.
The procedure to acquire shares of an individual in India and an NRI as per the Companies act,1956.
The procedure of transfer of shares between the shareholders.
substantial acquisition of shares and its meaning.
stock broker and client relationships.
A brief description on the acquisition of assets.
The depository is an organization which holds of investors in electronic form at the request of the investors through a depository participant registered. It also provides services related to transactions in securities.
The procedure to acquire shares of an individual in India and an NRI as per the Companies act,1956.
The procedure of transfer of shares between the shareholders.
substantial acquisition of shares and its meaning.
stock broker and client relationships.
A brief description on the acquisition of assets.
The depository is an organization which holds of investors in electronic form at the request of the investors through a depository participant registered. It also provides services related to transactions in securities.
NISM STUDY MATERIAL FOR NISM DOCE EXAM. NISM MOCK TEST AT WWW.MODELEXAM.IN. DEPOSITORY OPERATIONS CERTIFICATION EXAMINATION STUDY NOTES.BASED ON LATEST SYLLABUS,EASY TO LEARN,CONCISE,USEFUL TO PASS.NATIONAL INSTITUTE OF SECURITIES MARKETS EXAM IN DEPOSITORY OPERATIONS.NISM,AMFI,NCFM MOCK TEST AT WWW.MODELEXAM.IN
For a very long time, many companies especially in semi-urban and rural areas are accepting deposits in their firm’s name and also promising two to three times returns in two to four years without taking any legal permissions. These schemes are running on the false promise of doling out high returns to the gullible investors. To prevent all fraudulent/ ponzi schemes, the Government of India had introduced- “Banning of Unregulated Deposit Schemes & Protection of Depositor’s Bill 2018”.
There are several regulated public deposit companies which can be legally operated such as Collective Investment Schemes, Nidhi Companies, Multi-state Credit Co-operative Societies, NBFCs etc. and can be engaged in collection of public deposit.
PPT on Insolvency and Bankruptcy Code, 2016 analysis the jargons, processes, access, limitations, opportunities, etc. A bried comparison with US Bankruptcy Code has also been stated and addressing issues like cross border insolvency amongst others issues. Also, the probe of recently notified transfer of pending proceedings has been made in the presentation.
NON - BANKING FINANCIAL COMPANIES IN INDIA & IT'S LEGAL FRAMEWORK Vishnu Rajendran C R
What is a Non-Banking Financial Company (NBFC)?
A Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 1956 engaged in the business of loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by Government or local authority or other marketable securities of a like nature, leasing, hire-purchase, insurance business, chit business but does not include any institution whose principal business is that of agriculture activity, industrial activity, purchase or sale of any goods (other than securities) or providing any services and sale/purchase/construction of immovable property. A non-banking institution which is a company and has principal business of receiving deposits under any scheme or arrangement in one lump sum or in installments by way of contributions or in any other manner, is also a non-banking financial company (Residuary non-banking company).
It is a significant topic for the NISM Depository Operations exam.
The Securities and Exchange Board of India was established as a statutory body in the year 1992 and the provisions of the Securities and Exchange Board of India Act, 1992 (15 of 1992) came into force on January 30, 1992.
“Two is better than one” basically this concept is foundation of a traditional partnership firm where two or more persons get together to carry on some lawful business and share profit and loss among themselves as agreed upon by them.
Partnership Firm as a form of business which has its own restriction and have limited reach among public, in order to enhance the business through partnership a hybrid form of business structure was introduced that has basic features of partnership merged with the features of a Company.
Acceptance of deposits by multi state co-operative societies- issues and chal...Rupendra Porwal
The presentation highlight the issues arising on activities of Multi State Co-operative Societies subsequent to the order of Hon'ble Rajathan High Court and Supreme Court of India in this subject matter.
Further Government of India, as provided in budget, propose to bring effective legislation to curb menace of acceptance of deposits and/or contributions by entities including Multi State Co-operative Societies. The proposed legislation“Banning of Unregulated Deposit Schemes and Protection of Depositors Interest Bill 2015 was placed for inviting suggestions from public up to 30-4-2016 and accordingly now legislation is likely to be placed for enactment in Monsoon Session of Parliament.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
More Related Content
Similar to An overview of SEBI regulations on the DPs.pptx
NISM STUDY MATERIAL FOR NISM DOCE EXAM. NISM MOCK TEST AT WWW.MODELEXAM.IN. DEPOSITORY OPERATIONS CERTIFICATION EXAMINATION STUDY NOTES.BASED ON LATEST SYLLABUS,EASY TO LEARN,CONCISE,USEFUL TO PASS.NATIONAL INSTITUTE OF SECURITIES MARKETS EXAM IN DEPOSITORY OPERATIONS.NISM,AMFI,NCFM MOCK TEST AT WWW.MODELEXAM.IN
For a very long time, many companies especially in semi-urban and rural areas are accepting deposits in their firm’s name and also promising two to three times returns in two to four years without taking any legal permissions. These schemes are running on the false promise of doling out high returns to the gullible investors. To prevent all fraudulent/ ponzi schemes, the Government of India had introduced- “Banning of Unregulated Deposit Schemes & Protection of Depositor’s Bill 2018”.
There are several regulated public deposit companies which can be legally operated such as Collective Investment Schemes, Nidhi Companies, Multi-state Credit Co-operative Societies, NBFCs etc. and can be engaged in collection of public deposit.
PPT on Insolvency and Bankruptcy Code, 2016 analysis the jargons, processes, access, limitations, opportunities, etc. A bried comparison with US Bankruptcy Code has also been stated and addressing issues like cross border insolvency amongst others issues. Also, the probe of recently notified transfer of pending proceedings has been made in the presentation.
NON - BANKING FINANCIAL COMPANIES IN INDIA & IT'S LEGAL FRAMEWORK Vishnu Rajendran C R
What is a Non-Banking Financial Company (NBFC)?
A Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 1956 engaged in the business of loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by Government or local authority or other marketable securities of a like nature, leasing, hire-purchase, insurance business, chit business but does not include any institution whose principal business is that of agriculture activity, industrial activity, purchase or sale of any goods (other than securities) or providing any services and sale/purchase/construction of immovable property. A non-banking institution which is a company and has principal business of receiving deposits under any scheme or arrangement in one lump sum or in installments by way of contributions or in any other manner, is also a non-banking financial company (Residuary non-banking company).
It is a significant topic for the NISM Depository Operations exam.
The Securities and Exchange Board of India was established as a statutory body in the year 1992 and the provisions of the Securities and Exchange Board of India Act, 1992 (15 of 1992) came into force on January 30, 1992.
“Two is better than one” basically this concept is foundation of a traditional partnership firm where two or more persons get together to carry on some lawful business and share profit and loss among themselves as agreed upon by them.
Partnership Firm as a form of business which has its own restriction and have limited reach among public, in order to enhance the business through partnership a hybrid form of business structure was introduced that has basic features of partnership merged with the features of a Company.
Acceptance of deposits by multi state co-operative societies- issues and chal...Rupendra Porwal
The presentation highlight the issues arising on activities of Multi State Co-operative Societies subsequent to the order of Hon'ble Rajathan High Court and Supreme Court of India in this subject matter.
Further Government of India, as provided in budget, propose to bring effective legislation to curb menace of acceptance of deposits and/or contributions by entities including Multi State Co-operative Societies. The proposed legislation“Banning of Unregulated Deposit Schemes and Protection of Depositors Interest Bill 2015 was placed for inviting suggestions from public up to 30-4-2016 and accordingly now legislation is likely to be placed for enactment in Monsoon Session of Parliament.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
5. Legal Framework and
SEBI Regulations of
depository system in
India
The transactions in the security market
through the depositories and participants
operations are regulated under following
Statutes;
1. The Depositories Act, 1996.
2. The SEBI (Depositories &
Participants) Regulation 1996 and
2018.
3. The Depositories By-Laws.
4. Other laws such as The Company
Laws, The Security Contract
(Regulation) Act, 1956, The SEBI
ACT 1992.
5. Bye-Laws by the depositories.
6. Who are/can become a Depository Participants?
• The Depository Participant is the link between the owner of the securities and
the depositors. He is deemed to be an agent of the depository. Accordingly, he
is authorized to offer depository services to investors. As per SEBI regulations
and Depository Act, a depository cannot interact directly with beneficial
owners. He has to deal with its agents called Depository Participant. Neither
can the investors directly approach the depository for any services. They have
to interact through the DP. Although there is no formal definition of DPs in any
of the previously mentioned statutes.
7. In continuation..
• Further under Section 35 of the 2018 SEBI (Depository & Participants) Regulation
(Amended) the following institutions can become a DP.
1. Public Financial Institutions.
2. Scheduled Banks including Foreign Banks approved by the Reserve Bank of India (RBI).
3. State Financial Corporation established under the State Financial Corporations Act, 1951.
4. Institutions engaged in granting financial services, promoted by the entities mentioned
above, jointly or severally.
5. Custodian of Securities who is granted Certificate of Registration under the SEBI Act,
1992.
6. Clearing House or Clearing Corporation of a Stock Exchange.
7. Stock Broker who is granted Certificate of Registration under the SEBI Act, 1992.
8. Non-Banking Financial Company having a net worth of not less than Rs.50 lakh.
9. Registrar of Issue andTransfer Agents who have a minimum net worth of Rs.10 crore.
• Apart from the above eligibility criteria, the NSDL and CDSL have also added
certain eligibility criteria to be registered as DP under them. The NSDL and CDSL
are empowered to set their own eligibility criteria in their Bye-Laws.
8. Important provisions
Section 12 of SEBI Act 1992 (1) Mandates for
DPs to obtained the registration certificates
from the board before commencement of
the business. This section also empowers the
board to suspend or cancel a COR of found
under contravention to the regulations, in
prescribed manner.
Section 32 of SEBI Regulation,1996 deals
with the procedure of application for
obtaining the registration certificate by the
wherein the applicant got to choose the
depository and submit the application form
to the board through the respective
depository.
This Section also confers a legal recognition to
the Bye- laws of the depositories.