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Financial Regulatory Bodies In India:

The financial system in India is regulated by independent regulators in the field of banking,
insurance, capital market, commodities market, and pension funds. However, Government of
India plays a significant role in controlling the financial system in India and influences the roles
of such regulators at least to some extent.

The following are five major financial regulatory bodies in India:

(A) Statutory Bodies via parliamentary enactments:

   1. Reserve Bank of India : Reserve Bank of India is the apex monetary Institution of
       India. It is also called as the central bank of the country.

   The Reserve Bank of India was established on April 1, 1935 in accordance with the
   provisions of the Reserve Bank of India Act, 1934. The Central Office of the Reserve Bank
   was initially established in Calcutta but was permanently moved to Mumbai in 1937. The
   Central Office is where the Governor sits and where policies are formulated.             Though
   originally privately owned, since nationalization in 1949, the Reserve Bank is fully owned by
   the Government of India.

   It acts as the apex monetary authority of the country. The Central Office is where the
   Governor sits and is where policies are formulated. Though originally privately owned, since
   nationalization in 1949, the Reserve Bank is fully owned by the Government of India.         The
   preamble of the reserve bank of India is as follows:

    "to regulate the issue of Bank Notes and keeping of reserves with a view to securing
   monetary stability in India and generally to operate the currency and credit system of the
   country to its advantage."

   2. Securities and Exchange Board of India : SEBI Act, 1992 : Securities and Exchange
       Board of India (SEBI) was first established in the year 1988 as a non-statutory body for
       regulating the securities market. It became an autonomous body in 1992 and more powers
       were given through an ordinance. Since then it regulates the market through its
       independent powers.
3. Insurance Regulatory and Development Authority : The Insurance Regulatory and
       Development Authority (IRDA) is a national agency of the Government of India and is
       based in Hyderabad (Andhra Pradesh). It was formed by an Act of Indian Parliament
       known as IRDA Act 1999, which was amended in 2002 to incorporate some emerging
       requirements. Mission of IRDA as stated in the act is "to protect the interests of the
       policyholders, to regulate, promote and ensure orderly growth of the insurance industry
       and for matters connected therewith or incidental thereto.

    4. Forward Market Commission India (FMC) : Forward Markets Commission (FMC)
headquartered at Mumbai, is a regulatory authority which is overseen by the Ministry of
Consumer Affairs, Food and Public Distribution, Govt. of India. It is a statutory body set up in
1953 under the Forward Contracts (Regulation) Act, 1952 This Commission allows commodity
trading in 22 exchanges in India, out of which three are national level.

   4. PFRDA under the Finance Ministry : Pension Fund Regulatory and Development
       Authority : PFRDA was established by Government of India on 23rd August, 2003. The
       Government has, through an executive order dated 10th October 2003, mandated PFRDA
       to act as a regulator for the pension sector. The mandate of PFRDA is development and
       regulation of pension sector in India.
INTRODUCTION:

The Securities and Exchange Board of India (SEBI) is the regulatory authority in India
established under Section 3 of SEBI Act, 1992. SEBI Act, 1992 provides for establishment of
Securities and Exchange Board of India (SEBI) with statutory powers for (a) protecting the
interests of investors in securities (b) promoting the development of the securities market and (c)
regulating the securities market. Its regulatory jurisdiction extends over corporates in the
issuance of capital and transfer of securities, in addition to all intermediaries and persons
associated with securities market. SEBI has been obligated to perform the aforesaid functions by
such measures as it thinks fit. In particular, it has powers for:

       Regulating the business in stock exchanges and any other securities markets

       Registering and regulating the working of stock brokers, sub-brokers etc.

       Promoting and regulating self-regulatory organizations

       Prohibiting fraudulent and unfair trade practices Calling for information from,
       undertaking inspection, conducting inquiries and audits of the stock exchanges,
       intermediaries, self - regulatory organizations, mutual funds and other persons associated
       with the securities market.

The SEBI is managed by six members, i.e. by the chairman who is nominated by central
government & two members, i.e. officers of central ministry, one member from the RBI & the
remaining two are nominated by the central government. The office of SEBI is situated at
Mumbai with its regional offices at Kolkata, Delhi & Chennai.
Role or Functions of SEBI as Regulatory Authority:

The role or functions of SEBI are discussed below.

1. To protect the interests of investors through proper education and guidance as regards
   their investment in securities. For this, SEBI has made rules and regulation to be followed
   by the financial intermediaries such as brokers, etc. SEBI looks after the complaints
   received from investors for fair settlement. It also issues booklets for the guidance and
   protection of small investors.

2. To regulate and control the business on stock exchanges and other security markets. For
   this, SEBI keeps supervision on brokers. Registration of brokers and sub-brokers is made
   compulsory and they are expected to follow certain rules and regulations. Effective
   control is also maintained by SEBI on the working of stock exchanges.

3. To make registration and to regulate the functioning of intermediaries such as stock
   brokers, sub-brokers, share transfer agents, merchant bankers and other intermediaries
   operating on the securities market. In addition, to provide suitable training to
   intermediaries. This function is useful for healthy atmosphere on the stock exchange and
   for the protection of small investors.

4. To register and regulate the working of mutual funds including UTI (Unit Trust of India).
   SEBI has made rules and regulations to be followed by mutual funds. The purpose is to
   maintain effective supervision on their operations & avoid their unfair and anti-investor
   activities.

5. To promote self-regulatory organization of intermediaries. SEBI is given wide statutory
   powers. However, self-regulation is better than external regulation. Here, the function of
   SEBI is to encourage intermediaries to form their professional associations and control
   undesirable activities of their members. SEBI can also use its powers when required for
   protection of small investors.

6. To regulate mergers, takeovers and acquisitions of companies in order to protect the
   interest of investors. For this, SEBI has issued suitable guidelines so that such mergers
   and takeovers will not be at the cost of small investors.
7. To prohibit fraudulent and unfair practices of intermediaries operating on securities
       markets. SEBI is not for interfering in the normal working of these intermediaries. Its
       function is to regulate and control their objectional practices which may harm the
       investors and healthy growth of capital market.

   8. To issue guidelines to companies regarding capital issues. Separate guidelines are
       prepared for first public issue of new companies, for public issue by existing listed
       companies and for first public issue by existing private companies. SEBI is expected to
       conduct research and publish information useful to all market players (i.e. all buyers and
       sellers).

   9. To conduct inspection, inquiries & audits of stock exchanges, intermediaries and self-
       regulating organizations and to take suitable remedial measures wherever necessary. This
       function is undertaken for orderly working of stock exchanges & intermediaries.

   10. To restrict insider trading activity through suitable measures. This function is useful for
       avoiding undesirable activities of brokers and securities scams.

ROLE OF SEBI IN INDIAN CAPITAL MARKET:

SEBI is regulator to control Indian capital market. Since its establishment in 1992, it is doing
hard work for protecting the interests of Indian investors. SEBI gets education from past cheating
with naive investors of India. Now, SEBI is more strict with those who commit frauds in capital
market.
The role of security exchange board of India (SEBI) in regulating Indian capital market is very
important because government of India can only open or take decision to open new stock
exchange in India after getting advice from SEBI.


1. Power to make rules for controlling stock exchange :
SEBI has power to make new rules for controlling stock exchange in India. For example, SEBI
fixed the time of trading 9 AM and 5 PM in stock market.


2. To provide license to dealers and brokers :
SEBI has power to provide license to dealers and brokers of capital market. If SEBI sees that any
financial product is of capital nature, then SEBI can also control to that product and its dealers.
One of main example is ULIPs case. SEBI said, " It is just like mutual funds and all banks and
financial and insurance companies who want to issue it, must take permission from SEBI."


3. To Stop fraud in Capital Market :
SEBI has many powers for stopping fraud in capital market

       It can ban on the trading of those brokers who are involved in fraudulent and unfair trade
       practices relating to stock market.
       It can impose the penalties on capital market intermediaries if they involve in insider
       trading.


       4. To Control the Merge, Acquisition and Takeover the companies :
       Many big companies in India want to create monopoly in capital market. So, these
       companies buy all other companies or deal of merging. SEBI sees whether this merge or
       acquisition is for development of business or to harm capital market.


       5. To audit the performance of stock market :
       SEBI uses his powers to audit the performance of different Indian stock exchange for
       bringing transparency in the working of stock exchanges.


       6. To make new rules on carry - forward transactions :
       Share trading transactions carry forward cannot exceed 25% of broker's total transactions
       90 day limit for carry forward.
       7. To create relationship with ICAI :
       ICAI is the authority for making new auditors of companies. SEBI creates good
       relationship with ICAI for bringing more transparency in the auditing work of company
       accounts because audited financial statements are mirror to see the real face of company
       and after this investors can decide to invest or not to invest. Moreover, investors of India
       can easily trust on audited financial reports. After Satyam Scam, SEBI is investigating
       with ICAI, whether CAs are doing their duty by ethical way or not.
8. Introduction of derivative contracts on Volatility Index :
1. For reducing the risk of investors, SEBI has now been decided to permit Stock
Exchanges to introduce derivative contracts on Volatility Index, subject to the condition
that;
a. The underlying Volatility Index has a track record of at least one year.
b. The Exchange has in place the appropriate risk management framework for such
derivative contracts.
2. Before introduction of such contracts, the Stock Exchanges shall submit the following:
i. Contract specifications
ii. Position and Exercise Limits
iii. Margins
iv. The economic purpose it is intended to serve
v. Likely contribution to market development
vi. The safeguards and the risk protection mechanism adopted by the exchange to ensure
market integrity, protection of investors and smooth and orderly trading.
vii. The infrastructure of the exchange and the surveillance system to effectively monitor
trading in such contracts, and
viii. Details of settlement procedures & systems
ix. Details of back testing of the margin calculation for a period of one year considering a
call and a put option on the underlying with a delta of 0.25 & -0.25 respectively and
actual value of the underlying.
9. To Require report of Portfolio Management Activities :
SEBI has also power to require report of portfolio management to check the capital
market performance. Recently, SEBI sent the letter to all Registered Portfolio Managers
of India for demanding report.
10. To educate the investors :
Time to time, SEBI arranges scheduled workshops to educate the investors. On 22 may
2010 SEBI imposed workshop.
INTRODUCTION: Capital market is one of the most important segments of the Indian
financial system. It is the market available to the companies for meeting their requirements of the
long-term funds. It refers to all the facilities and the institutional arrangements for borrowing and
lending funds. In other words, it is concerned with the raising of money capital for purposes of
making long-term investments. The market consists of a number of individuals and institutions
(including the Government) that canalise the supply and demand for long -term capital and
claims on it. The demand for long term capital comes predominantly from private sector
manufacturing industries, agriculture sector, trade and the Government agencies. While, the
supply of funds for the capital market comes largely from individual and corporate savings,
banks, insurance companies, specialised financing agencies and the surplus of Governments.

The Indian capital market is broadly divided into the gilt-edged market and the industrial
securities market.

      The gilt-edged market refers to the market for Government and semi-government
       securities, backed by the Reserve Bank of India (RBI). Government securities are
       tradable debt instruments issued by the Government for meeting its financial
       requirements. The term gilt-edged means 'of the best quality'. This is because the
       Government securities do not suffer from risk of default and are highly liquid (as they can
       be easily sold in the market at their current price). The open market operations of the RBI
       are also conducted in such securities.

      The industrial securities market refers to the market which deals in equities and
       debentures of the corporate. It is further divided into primary market and secondary
       market.

      Primary market (new issue market): deals with 'new securities', that is, securities which
       were not previously available and are offered to the investing public for the first time. It is
       the market for raising fresh capital in the form of shares and debentures. It provides the
       issuing company with additional funds for starting a new enterprise or for either
       expansion or diversification of an existing one, and thus its contribution to company
       financing is direct. The new offerings by the companies are made either as an initial
public offering (IPO) or rights issue.

       Secondary market/ stock market (old issues market or stock exchange): is the market
        for buying and selling securities of the existing companies. Under this, securities are
        traded after being initially offered to the public in the primary market and/or listed on the
        stock exchange. The stock exchanges are the exclusive centres for trading of securities. It
        is a sensitive barometer and reflects the trends in the economy through fluctuations in the
        prices of various securities. It been defined as, "a body of individuals, whether
        incorporated or not, constituted for the purpose of assisting, regulating and controlling the
        business of buying, selling and dealing in securities". Listing on stock exchanges enables
        the shareholders to monitor the movement of the share prices in an effective manner. This
        assist them to take prudent decisions on whether to retain their holdings or sell off or even
        accumulate further. However, to list the securities on a stock exchange, the issuing
        company has to go through set norms and procedures.

Regulatory Framework of Capital Markets:

In India, the capital market is regulated by the Capital Markets Division of the Department of
Economic Affairs, Ministry of Finance. The division is responsible for formulating the policies
related to the orderly growth and development of the securities markets (i.e. share, debt and
derivatives) as well as protecting the interest of the investors. In particular, it is responsible for (i)
institutional reforms in the securities markets, (ii) building regulatory and market institutions,
(iii) strengthening investor protection mechanism, and (iv) providing efficient legislative
framework for securities markets, such as Securities and Exchange Board of India Act, 1992
(SEBI Act 1992); Securities Contracts (Regulation) Act, 1956; and the Depositories Act,
1996. The division administers these legislations and the rules framed thereunder.

The Securities and Exchange Board of India (SEBI) is the regulatory authority established
under the SEBI Act 1992, in order to protect the interests of the investors in securities as well as
promote the development of the capital market. It involves regulating the business in stock
exchanges; supervising the working of stock brokers, share transfer agents, merchant bankers,
underwriters, etc; as well as prohibiting unfair trade practices in the securities market. The
following departments of SEBI take care of the activities in the secondary market:

      Market Intermediaries Registration and Supervision Department (MIRSD) :
       concerned with the registration, supervision, compliance monitoring and inspections of
       all market intermediaries in respect of all segments of the markets, such as equity, equity
       derivatives, debt and debt related derivatives.

      Market Regulation Department (MRD) :concerned with formulation of new policies as
       well as supervising the functioning and operations (except relating to derivatives) of
       securities exchanges, their subsidiaries, and market institutions such as Clearing and
       settlement organizations and Depositories.

      Derivatives and New Products Departments (DNPD) : concerned with supervising
       trading at derivatives segments of stock exchanges, introducing new products to be traded
       and consequent policy changes.
Role of capital market in increasing investor protection:

Capital Markets play a key role in the development of every economy, and as a result,
governments in various countries deem it necessary to regulate these markets. And

       Financial markets have only one asset that really matters and that asset is PUBLIC
       CONFIDENCE.
       In order for capital markets to thrive, there must be adequate safeguards, which will
       enhance public confidence in the markets.
       These safeguards are usually the investor protection roles and functions of regulatory
       bodies of the capital markets.
       Investor protection is intended to enhance investors‟ confidence in the capital markets.
       Confidence in any capital market, is perhaps the single most important pre-requisite for
       its sustenance and growth.

For a market to foster business development it must be attractive to prospective investors looking
for investment opportunities. In order for a market to be attractive to potential investors, it must
have earned investor confidence, which in turn is achieved through the imposition and effective
enforcement of rules which ensure the market is operated efficiently and fairly.
Principles of Regulation in capital market:
Key to a successful securities trading system is that all investors share equally in the risks and
opportunities of investment. A number of principles have been developed in securities regulation
to ensure fairness in the market. In the market, the fundamental principle which ensures equal
opportunity is that all trading in securities must take place in an environment where there has
been full, true and plain disclosure of all material facts. This is brought about through a set of
rules which impose significant disclosure requirements upon businesses, which seek to raise
finances from the public through the capital market, as well as their controllers and insiders, and
rules which ensure fair trading practices among all those who trade in the market. While it is
never possible for there to be perfect information available to investors, it is the objective of
securities regulation to ensure that sufficient information is always available to permit buyers and
sellers of securities to make informed decisions. Issuers are faced with obligations for full and
timely disclosure of any information about the issuer, as well as its key shareholders, where the
timing of access to such information can have a significant impact on investors.
The regulation of securities in market has also been designed to ensure that trading is conducted
fairly, and that issuers and those that deal in securities on their behalf, provide fair treatment to
investors.

There are two primary means used to promote public confidence in securities traded on
markets. These are;

a) full disclosure at the time of the initial offering,

b) continuous disclosure requirements and

a. Prospectus Disclosure:

Before an issuer is permitted to distribute its securities through an exchange, there are substantial
disclosure requirements that must be fulfilled. Although each jurisdiction in market is responsible
for establishing its own disclosure criteria, the prescribed level of disclosure is consistent among
the provinces. The levels of disclosure required to make an informed investment decision are, of
course, substantially different as between an established business with a well known history, and
a new venture capital enterprise.

A business listing for the first time on an exchange is subject to substantial disclosure
requirements. Disclosure on the following major topics is required in the prospectus which is
filed with the securities commission as the initiation of the application process:

        Description and general development of the business
        summary and analysis of the financial objectives
        business objectives milestones (i.e. significant events required to meet the stated business
        objectives)
        material acquisitions and dispositions
        management experience and expertise
        organizational structure
        products developed or to be developed with the proceeds of the distribution
proprietary protection
       operation (i.e. method of production)
       market by segment and specific geographic location
       marketing plans and strategies
       administration costs

b. Continuous Disclosure:
While the disclosure of an issuer through the prospectus filed in support of its initial public
offering provides investors with access to important information.
It includes a summary of any significant event or transaction which occurred during the reporting
period. Specifically:
 the issuer is required to reconcile previously disclosed “intended use of proceeds” with actual
use
 details of significant transactions, including consideration received or paid, with related parties
must be disclosed
 details of investor relations activity undertaken by the issuer during the reporting period must
be disclosed
 the report must include details of other significant events or transactions
 discussion of details relating to the acquisition or disposition of any material capital asset must
be included
 material expenditures, including discussion of their nature, must be included
 details of significant events or transactions previously disseminated through material change
reports during the reporting period should also be included
 where the has been a breach of any corporate, securities or other laws, or of the issuers listing
agreement with an exchange, disclosure is required
 where there has been a change in any of the material assumptions used in the preparation of
future oriented financial information, that information must be updated in accordance with the
change.
These financial statements must be filed with the commission by all reporting issuers.
And the are three Core objectives of capital regulation to increase investor protection:

       Investor protection
       Ensuring that market are fair efficient and transparent
       The reduction of systemic risk.


       Investor Protection:
          o Protection against misleading, manipulative or fraudulent practices, including
              insider trading, and the misuse of client assets
          o Full disclosure of information which is material to investors‟ decisions .
          o Quality of disclosure should be disclosed
          o Only duly licensed or authorized persons should be permitted to hold themselves
              out to the public as market operators
          o Supervision of market participants at all the time.
       Ensuring that markets are fair, efficient and transparent
          o The regulator‟s approval of exchange and trading system operators and of trading
              rules helps to ensure fair markets.
          o Dissemination of relevant information is timely and widespread and is reflected in
              the price formation process
          o Information about trading in the market is to be made publicly available on a real-
              time basis
       The reduction of systemic risk
          o Reduce the risk of failure (through measures including capital and internal control
              requirements)
          o Respond to market disruptions through facilitation of stable domestic and global
              cooperation and information sharing.
          o Ensure that capital and other prudential requirements are sufficient to address
              appropriate risk taking.
SEC’S (Securities and Exchange Commission) ROLE IN INCREASING INVESTOR
PROTECTION:
     To maintain surveillance over activities in securities to ensure fair, orderly and equitable
     dealings in securities.
     To license, authorize and regulate stock exchanges, dealers, investment advisors, other
     operators and their representatives.
     To license, authorize and regulate collective investment schemes such as unit trusts and
     mutual funds.
     To maintain proper standards of conduct and acceptable practices in the industry and
     monitor the solvency of license holders.
     To protect the integrity of the market against any abuses arising from the practice of
     insider trading.
     To adopt measures to minimize and supervise any conflict of interests that may arise for
     dealers.
     To formulate principles for the guidance of the securities industry.
     To review, approve and regulate takeovers, mergers and acquisitions and all forms of
     business combinations.
     Legal and Enforcement
     o The Enforcement Department is responsible for investigating breaches of the
        securities laws.
     o It is charged to initiate investigations on complaints and evidence of possible
        violations of the securities laws.
     Market Surveillance:
            o Responsible for establishing and maintaining standards for the fair, orderly,
                and efficient operation of the securities market.
            o It is also responsible for licensing operators, monitoring their operations to
                ensure compliance with the securities laws.
     Corporate Finance
            o Responsible for overseeing the disclosure of material information to the
                investing public by issuers of securities.
o Ascertaining whether the disclosures meet with the disclosure requirements
                     and standards required by law.
       Investment Management
                  o Responsible for supervising and regulating all aspects of the operations of
                     collective investment schemes such as unit trusts and mutual funds.
                  o It administers the securities laws applicable with a view to improving
                     disclosure and minimizing risk for investors without imposing undue costs on
                     regulated entities.


       Market Development
                  o Undertaking market-related research activities to assist the Commission in
                     creating the necessary atmosphere for the orderly growth and development of
                     the securities industry.
                  o Formulating and implementing the market development and investor/Public
                     education strategies of the Commission.
                  o Advising the Ministry of Finance on all matters relating to the securities
                     industry.


Policy Measures and Initiatives of capital markets for increasing Investor Protection :

A number of initiatives have been undertaken by the Government, from time to time, so as to
provide financial and regulatory reforms in the primary and secondary market segments of the
capital market.

These measures broadly aim to sustain the confidence of investors (both domestic and foreign)
in the country‟s capital market.

The policy initiatives that have been undertaken in the primary market during 2006-07 include:

      SEBI has notified the disclosures and other related requirements for companies desirous
       of issuing Indian depository receipts in India. It has been mandated that:

       (i) the issuer must be listed in its home country; (ii) it must not have been barred by any
regulatory body; and (iii) it should have a good track record of compliance of securities
    market regulations.

   As a condition of continuous listing, listed companies have to maintain a minimum level
    of public shareholding at 25 per cent of the total shares issued. The exemptions include:
    (i) companies which are required to maintain more than 10 per cent, but less than 25 per
    cent in accordance with the Securities Contracts (Regulation) Rules, 1957; and (ii)
    companies that have two crore or more of listed shares and Rs. 1,000 crore or more of
    market capitalisation.

   SEBI has specified that shareholding pattern will be indicated by listed companies under
    three categories, namely, 'shares held by promoter and promoter group'; 'shares held by
    public' and 'shares held by custodians and against which depository receipts have been
    issued'.

   In accordance with the guidelines issued by SEBI, the issuers are required to state on the
    cover page of the offer document whether they have opted for an IPO (Initial Public
    Offering) grading from the rating agencies. In case the issuers opt for a grading, they are
    required to disclose the grades including the unaccepted grades in the prospectus.

   SEBI has facilitated a quick and cost effective method of raising funds, termed as
    'Qualified Institutional Placement (QIP)' from the Indian securities market by way of
    private placement of securities or convertible bonds with the Qualified Institutional
    Buyers.

   SEBI has stipulated that the benefit of „no lock-in‟ on the pre-issue shares of an unlisted
    company making an IPO, currently available to the shares held by Venture Capital Funds
    (VCFs)/Foreign Venture Capital Investors (FVCIs), shall be limited to:- (i) the shares
    held by VCFs or FVCIs registered with SEBI for a period of at least one year as on the
    date of filing draft prospectus with SEBI; and (ii) the shares issued to SEBI registered
    VCFs/FVCIs upon conversion of convertible instruments during the period of one year
    prior to the date of filing draft prospectus with SEBI.

   In order to regulate pre-issue publicity by companies which are planning to make an issue
of securities, SEBI has amended the 'Disclosure and Investor Protection Guidelines' to
       introduce 'Restrictions on Pre-issue Publicity'. The restrictions, inter alia, require an issuer
       company to ensure that its publicity is consistent with its past practices, does not contain
       projections/ estimates/ any information extraneous to the offer document filed with SEBI.

Similarly, the policy initiatives that have been undertaken in the secondary market during 2006-
07 include:

      In continuation of the comprehensive risk management system put in place since May
       2005 in T+2 rolling settlement scenario for the cash market, the stock exchanges have
       been advised to update the applicable Value at Risk (VaR) margin at least 5 times in a
       day by taking the closing price of the previous day at the start of trading and the prices at
       11:00 a.m., 12:30 p.m., 2:00 p.m. and at the end of the trading session. This has been
       done to align the risk management framework across the cash and derivative markets.

      In order to strengthen the „Know Your Client‟ norms and to have sound audit trail of the
       transactions in the securities market, 'Permanent Account Number (PAN)' has been made
       mandatory with effect from January 1, 2007 for operating a beneficiary owner account
       and for trading in the cash segment.

      In order to implement the proposal on creation of a unified platform for trading of
       corporate bonds, SEBI has stipulated that the BSE Limited would set up and maintain the
       corporate bond reporting platform. The reporting shall be made for all trades in listed debt
       securities issued by all institutions such as banks, public sector undertakings, municipal
       corporations, corporate bodies and companies.

      In line with the Government of India‟s policy on foreign investments in infrastructure
       companies in the Indian securities market, the limits for foreign investment in stock
       exchanges, depositories and clearing corporations, have been specified as follows:- (i)
       foreign investment up to 49 per cent will be allowed in these companies with a separate
       Foreign Direct Investment (FDI) cap of 26 per cent and cap of 23 per cent on Foreign
       institutional investment (FII); (ii) FDI will be allowed with specific prior approval of
       Foreign Investment Promotion Board (FIPB); (iii) FII will be allowed only through
purchases in the secondary market; and (iv) FII shall not seek and will not get
       representation on the board of directors.

      The application process of FII investment has been simplified and new categories of
       investment (insurance and reinsurance companies, foreign central banks, investment

managers, international organizations) have been included under FII.

      Initial issue expenses and dividend distribution procedure for mutual funds have been
       rationalised.

      Mutual funds have been permitted to introduce Gold Exchange Traded Funds.

      In the Government securities market, the RBI has ceased to participate in primary issues
       of Central Government securities, in line with the provisions of Fiscal Responsibility and
       Budget Management Act (FRBM Act).

      Foreign institutional investors have been allowed to invest in security receipts.

CONCLUSION:
       Thus, the capital market plays a vital role in fostering economic growth of the country, as
       it augments the quantities of real savings; increases the net capital inflow from abroad;
       raises the productivity of investments by improving allocation of investible funds; and
       reduces the cost of capital in the economy. Thus the capital markets safeguarding, public
       confidence in the markets.
       These safeguards are usually the investor protection roles and functions of regulatory
       bodies of the capital markets.
       Thus the Investor protection is intended to enhance investors‟ confidence in the capital
       markets.
       Confidence in any capital market, is perhaps the single most important pre-requisite for
       its sustenance and growth.
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Final sebi

  • 1. Financial Regulatory Bodies In India: The financial system in India is regulated by independent regulators in the field of banking, insurance, capital market, commodities market, and pension funds. However, Government of India plays a significant role in controlling the financial system in India and influences the roles of such regulators at least to some extent. The following are five major financial regulatory bodies in India: (A) Statutory Bodies via parliamentary enactments: 1. Reserve Bank of India : Reserve Bank of India is the apex monetary Institution of India. It is also called as the central bank of the country. The Reserve Bank of India was established on April 1, 1935 in accordance with the provisions of the Reserve Bank of India Act, 1934. The Central Office of the Reserve Bank was initially established in Calcutta but was permanently moved to Mumbai in 1937. The Central Office is where the Governor sits and where policies are formulated. Though originally privately owned, since nationalization in 1949, the Reserve Bank is fully owned by the Government of India. It acts as the apex monetary authority of the country. The Central Office is where the Governor sits and is where policies are formulated. Though originally privately owned, since nationalization in 1949, the Reserve Bank is fully owned by the Government of India. The preamble of the reserve bank of India is as follows: "to regulate the issue of Bank Notes and keeping of reserves with a view to securing monetary stability in India and generally to operate the currency and credit system of the country to its advantage." 2. Securities and Exchange Board of India : SEBI Act, 1992 : Securities and Exchange Board of India (SEBI) was first established in the year 1988 as a non-statutory body for regulating the securities market. It became an autonomous body in 1992 and more powers were given through an ordinance. Since then it regulates the market through its independent powers.
  • 2. 3. Insurance Regulatory and Development Authority : The Insurance Regulatory and Development Authority (IRDA) is a national agency of the Government of India and is based in Hyderabad (Andhra Pradesh). It was formed by an Act of Indian Parliament known as IRDA Act 1999, which was amended in 2002 to incorporate some emerging requirements. Mission of IRDA as stated in the act is "to protect the interests of the policyholders, to regulate, promote and ensure orderly growth of the insurance industry and for matters connected therewith or incidental thereto. 4. Forward Market Commission India (FMC) : Forward Markets Commission (FMC) headquartered at Mumbai, is a regulatory authority which is overseen by the Ministry of Consumer Affairs, Food and Public Distribution, Govt. of India. It is a statutory body set up in 1953 under the Forward Contracts (Regulation) Act, 1952 This Commission allows commodity trading in 22 exchanges in India, out of which three are national level. 4. PFRDA under the Finance Ministry : Pension Fund Regulatory and Development Authority : PFRDA was established by Government of India on 23rd August, 2003. The Government has, through an executive order dated 10th October 2003, mandated PFRDA to act as a regulator for the pension sector. The mandate of PFRDA is development and regulation of pension sector in India.
  • 3. INTRODUCTION: The Securities and Exchange Board of India (SEBI) is the regulatory authority in India established under Section 3 of SEBI Act, 1992. SEBI Act, 1992 provides for establishment of Securities and Exchange Board of India (SEBI) with statutory powers for (a) protecting the interests of investors in securities (b) promoting the development of the securities market and (c) regulating the securities market. Its regulatory jurisdiction extends over corporates in the issuance of capital and transfer of securities, in addition to all intermediaries and persons associated with securities market. SEBI has been obligated to perform the aforesaid functions by such measures as it thinks fit. In particular, it has powers for: Regulating the business in stock exchanges and any other securities markets Registering and regulating the working of stock brokers, sub-brokers etc. Promoting and regulating self-regulatory organizations Prohibiting fraudulent and unfair trade practices Calling for information from, undertaking inspection, conducting inquiries and audits of the stock exchanges, intermediaries, self - regulatory organizations, mutual funds and other persons associated with the securities market. The SEBI is managed by six members, i.e. by the chairman who is nominated by central government & two members, i.e. officers of central ministry, one member from the RBI & the remaining two are nominated by the central government. The office of SEBI is situated at Mumbai with its regional offices at Kolkata, Delhi & Chennai.
  • 4. Role or Functions of SEBI as Regulatory Authority: The role or functions of SEBI are discussed below. 1. To protect the interests of investors through proper education and guidance as regards their investment in securities. For this, SEBI has made rules and regulation to be followed by the financial intermediaries such as brokers, etc. SEBI looks after the complaints received from investors for fair settlement. It also issues booklets for the guidance and protection of small investors. 2. To regulate and control the business on stock exchanges and other security markets. For this, SEBI keeps supervision on brokers. Registration of brokers and sub-brokers is made compulsory and they are expected to follow certain rules and regulations. Effective control is also maintained by SEBI on the working of stock exchanges. 3. To make registration and to regulate the functioning of intermediaries such as stock brokers, sub-brokers, share transfer agents, merchant bankers and other intermediaries operating on the securities market. In addition, to provide suitable training to intermediaries. This function is useful for healthy atmosphere on the stock exchange and for the protection of small investors. 4. To register and regulate the working of mutual funds including UTI (Unit Trust of India). SEBI has made rules and regulations to be followed by mutual funds. The purpose is to maintain effective supervision on their operations & avoid their unfair and anti-investor activities. 5. To promote self-regulatory organization of intermediaries. SEBI is given wide statutory powers. However, self-regulation is better than external regulation. Here, the function of SEBI is to encourage intermediaries to form their professional associations and control undesirable activities of their members. SEBI can also use its powers when required for protection of small investors. 6. To regulate mergers, takeovers and acquisitions of companies in order to protect the interest of investors. For this, SEBI has issued suitable guidelines so that such mergers and takeovers will not be at the cost of small investors.
  • 5. 7. To prohibit fraudulent and unfair practices of intermediaries operating on securities markets. SEBI is not for interfering in the normal working of these intermediaries. Its function is to regulate and control their objectional practices which may harm the investors and healthy growth of capital market. 8. To issue guidelines to companies regarding capital issues. Separate guidelines are prepared for first public issue of new companies, for public issue by existing listed companies and for first public issue by existing private companies. SEBI is expected to conduct research and publish information useful to all market players (i.e. all buyers and sellers). 9. To conduct inspection, inquiries & audits of stock exchanges, intermediaries and self- regulating organizations and to take suitable remedial measures wherever necessary. This function is undertaken for orderly working of stock exchanges & intermediaries. 10. To restrict insider trading activity through suitable measures. This function is useful for avoiding undesirable activities of brokers and securities scams. ROLE OF SEBI IN INDIAN CAPITAL MARKET: SEBI is regulator to control Indian capital market. Since its establishment in 1992, it is doing hard work for protecting the interests of Indian investors. SEBI gets education from past cheating with naive investors of India. Now, SEBI is more strict with those who commit frauds in capital market. The role of security exchange board of India (SEBI) in regulating Indian capital market is very important because government of India can only open or take decision to open new stock exchange in India after getting advice from SEBI. 1. Power to make rules for controlling stock exchange : SEBI has power to make new rules for controlling stock exchange in India. For example, SEBI fixed the time of trading 9 AM and 5 PM in stock market. 2. To provide license to dealers and brokers : SEBI has power to provide license to dealers and brokers of capital market. If SEBI sees that any
  • 6. financial product is of capital nature, then SEBI can also control to that product and its dealers. One of main example is ULIPs case. SEBI said, " It is just like mutual funds and all banks and financial and insurance companies who want to issue it, must take permission from SEBI." 3. To Stop fraud in Capital Market : SEBI has many powers for stopping fraud in capital market It can ban on the trading of those brokers who are involved in fraudulent and unfair trade practices relating to stock market. It can impose the penalties on capital market intermediaries if they involve in insider trading. 4. To Control the Merge, Acquisition and Takeover the companies : Many big companies in India want to create monopoly in capital market. So, these companies buy all other companies or deal of merging. SEBI sees whether this merge or acquisition is for development of business or to harm capital market. 5. To audit the performance of stock market : SEBI uses his powers to audit the performance of different Indian stock exchange for bringing transparency in the working of stock exchanges. 6. To make new rules on carry - forward transactions : Share trading transactions carry forward cannot exceed 25% of broker's total transactions 90 day limit for carry forward. 7. To create relationship with ICAI : ICAI is the authority for making new auditors of companies. SEBI creates good relationship with ICAI for bringing more transparency in the auditing work of company accounts because audited financial statements are mirror to see the real face of company and after this investors can decide to invest or not to invest. Moreover, investors of India can easily trust on audited financial reports. After Satyam Scam, SEBI is investigating with ICAI, whether CAs are doing their duty by ethical way or not.
  • 7. 8. Introduction of derivative contracts on Volatility Index : 1. For reducing the risk of investors, SEBI has now been decided to permit Stock Exchanges to introduce derivative contracts on Volatility Index, subject to the condition that; a. The underlying Volatility Index has a track record of at least one year. b. The Exchange has in place the appropriate risk management framework for such derivative contracts. 2. Before introduction of such contracts, the Stock Exchanges shall submit the following: i. Contract specifications ii. Position and Exercise Limits iii. Margins iv. The economic purpose it is intended to serve v. Likely contribution to market development vi. The safeguards and the risk protection mechanism adopted by the exchange to ensure market integrity, protection of investors and smooth and orderly trading. vii. The infrastructure of the exchange and the surveillance system to effectively monitor trading in such contracts, and viii. Details of settlement procedures & systems ix. Details of back testing of the margin calculation for a period of one year considering a call and a put option on the underlying with a delta of 0.25 & -0.25 respectively and actual value of the underlying. 9. To Require report of Portfolio Management Activities : SEBI has also power to require report of portfolio management to check the capital market performance. Recently, SEBI sent the letter to all Registered Portfolio Managers of India for demanding report. 10. To educate the investors : Time to time, SEBI arranges scheduled workshops to educate the investors. On 22 may 2010 SEBI imposed workshop.
  • 8. INTRODUCTION: Capital market is one of the most important segments of the Indian financial system. It is the market available to the companies for meeting their requirements of the long-term funds. It refers to all the facilities and the institutional arrangements for borrowing and lending funds. In other words, it is concerned with the raising of money capital for purposes of making long-term investments. The market consists of a number of individuals and institutions (including the Government) that canalise the supply and demand for long -term capital and claims on it. The demand for long term capital comes predominantly from private sector manufacturing industries, agriculture sector, trade and the Government agencies. While, the supply of funds for the capital market comes largely from individual and corporate savings, banks, insurance companies, specialised financing agencies and the surplus of Governments. The Indian capital market is broadly divided into the gilt-edged market and the industrial securities market.  The gilt-edged market refers to the market for Government and semi-government securities, backed by the Reserve Bank of India (RBI). Government securities are tradable debt instruments issued by the Government for meeting its financial requirements. The term gilt-edged means 'of the best quality'. This is because the Government securities do not suffer from risk of default and are highly liquid (as they can be easily sold in the market at their current price). The open market operations of the RBI are also conducted in such securities.  The industrial securities market refers to the market which deals in equities and debentures of the corporate. It is further divided into primary market and secondary market.  Primary market (new issue market): deals with 'new securities', that is, securities which were not previously available and are offered to the investing public for the first time. It is the market for raising fresh capital in the form of shares and debentures. It provides the issuing company with additional funds for starting a new enterprise or for either expansion or diversification of an existing one, and thus its contribution to company financing is direct. The new offerings by the companies are made either as an initial
  • 9. public offering (IPO) or rights issue.  Secondary market/ stock market (old issues market or stock exchange): is the market for buying and selling securities of the existing companies. Under this, securities are traded after being initially offered to the public in the primary market and/or listed on the stock exchange. The stock exchanges are the exclusive centres for trading of securities. It is a sensitive barometer and reflects the trends in the economy through fluctuations in the prices of various securities. It been defined as, "a body of individuals, whether incorporated or not, constituted for the purpose of assisting, regulating and controlling the business of buying, selling and dealing in securities". Listing on stock exchanges enables the shareholders to monitor the movement of the share prices in an effective manner. This assist them to take prudent decisions on whether to retain their holdings or sell off or even accumulate further. However, to list the securities on a stock exchange, the issuing company has to go through set norms and procedures. Regulatory Framework of Capital Markets: In India, the capital market is regulated by the Capital Markets Division of the Department of Economic Affairs, Ministry of Finance. The division is responsible for formulating the policies related to the orderly growth and development of the securities markets (i.e. share, debt and derivatives) as well as protecting the interest of the investors. In particular, it is responsible for (i) institutional reforms in the securities markets, (ii) building regulatory and market institutions, (iii) strengthening investor protection mechanism, and (iv) providing efficient legislative framework for securities markets, such as Securities and Exchange Board of India Act, 1992 (SEBI Act 1992); Securities Contracts (Regulation) Act, 1956; and the Depositories Act, 1996. The division administers these legislations and the rules framed thereunder. The Securities and Exchange Board of India (SEBI) is the regulatory authority established under the SEBI Act 1992, in order to protect the interests of the investors in securities as well as promote the development of the capital market. It involves regulating the business in stock exchanges; supervising the working of stock brokers, share transfer agents, merchant bankers, underwriters, etc; as well as prohibiting unfair trade practices in the securities market. The
  • 10. following departments of SEBI take care of the activities in the secondary market:  Market Intermediaries Registration and Supervision Department (MIRSD) : concerned with the registration, supervision, compliance monitoring and inspections of all market intermediaries in respect of all segments of the markets, such as equity, equity derivatives, debt and debt related derivatives.  Market Regulation Department (MRD) :concerned with formulation of new policies as well as supervising the functioning and operations (except relating to derivatives) of securities exchanges, their subsidiaries, and market institutions such as Clearing and settlement organizations and Depositories.  Derivatives and New Products Departments (DNPD) : concerned with supervising trading at derivatives segments of stock exchanges, introducing new products to be traded and consequent policy changes.
  • 11. Role of capital market in increasing investor protection: Capital Markets play a key role in the development of every economy, and as a result, governments in various countries deem it necessary to regulate these markets. And Financial markets have only one asset that really matters and that asset is PUBLIC CONFIDENCE. In order for capital markets to thrive, there must be adequate safeguards, which will enhance public confidence in the markets. These safeguards are usually the investor protection roles and functions of regulatory bodies of the capital markets. Investor protection is intended to enhance investors‟ confidence in the capital markets. Confidence in any capital market, is perhaps the single most important pre-requisite for its sustenance and growth. For a market to foster business development it must be attractive to prospective investors looking for investment opportunities. In order for a market to be attractive to potential investors, it must have earned investor confidence, which in turn is achieved through the imposition and effective enforcement of rules which ensure the market is operated efficiently and fairly. Principles of Regulation in capital market: Key to a successful securities trading system is that all investors share equally in the risks and opportunities of investment. A number of principles have been developed in securities regulation to ensure fairness in the market. In the market, the fundamental principle which ensures equal opportunity is that all trading in securities must take place in an environment where there has been full, true and plain disclosure of all material facts. This is brought about through a set of rules which impose significant disclosure requirements upon businesses, which seek to raise finances from the public through the capital market, as well as their controllers and insiders, and rules which ensure fair trading practices among all those who trade in the market. While it is never possible for there to be perfect information available to investors, it is the objective of securities regulation to ensure that sufficient information is always available to permit buyers and sellers of securities to make informed decisions. Issuers are faced with obligations for full and
  • 12. timely disclosure of any information about the issuer, as well as its key shareholders, where the timing of access to such information can have a significant impact on investors. The regulation of securities in market has also been designed to ensure that trading is conducted fairly, and that issuers and those that deal in securities on their behalf, provide fair treatment to investors. There are two primary means used to promote public confidence in securities traded on markets. These are; a) full disclosure at the time of the initial offering, b) continuous disclosure requirements and a. Prospectus Disclosure: Before an issuer is permitted to distribute its securities through an exchange, there are substantial disclosure requirements that must be fulfilled. Although each jurisdiction in market is responsible for establishing its own disclosure criteria, the prescribed level of disclosure is consistent among the provinces. The levels of disclosure required to make an informed investment decision are, of course, substantially different as between an established business with a well known history, and a new venture capital enterprise. A business listing for the first time on an exchange is subject to substantial disclosure requirements. Disclosure on the following major topics is required in the prospectus which is filed with the securities commission as the initiation of the application process: Description and general development of the business summary and analysis of the financial objectives business objectives milestones (i.e. significant events required to meet the stated business objectives) material acquisitions and dispositions management experience and expertise organizational structure products developed or to be developed with the proceeds of the distribution
  • 13. proprietary protection operation (i.e. method of production) market by segment and specific geographic location marketing plans and strategies administration costs b. Continuous Disclosure: While the disclosure of an issuer through the prospectus filed in support of its initial public offering provides investors with access to important information. It includes a summary of any significant event or transaction which occurred during the reporting period. Specifically: the issuer is required to reconcile previously disclosed “intended use of proceeds” with actual use details of significant transactions, including consideration received or paid, with related parties must be disclosed details of investor relations activity undertaken by the issuer during the reporting period must be disclosed the report must include details of other significant events or transactions discussion of details relating to the acquisition or disposition of any material capital asset must be included material expenditures, including discussion of their nature, must be included details of significant events or transactions previously disseminated through material change reports during the reporting period should also be included where the has been a breach of any corporate, securities or other laws, or of the issuers listing agreement with an exchange, disclosure is required where there has been a change in any of the material assumptions used in the preparation of future oriented financial information, that information must be updated in accordance with the change. These financial statements must be filed with the commission by all reporting issuers.
  • 14. And the are three Core objectives of capital regulation to increase investor protection: Investor protection Ensuring that market are fair efficient and transparent The reduction of systemic risk. Investor Protection: o Protection against misleading, manipulative or fraudulent practices, including insider trading, and the misuse of client assets o Full disclosure of information which is material to investors‟ decisions . o Quality of disclosure should be disclosed o Only duly licensed or authorized persons should be permitted to hold themselves out to the public as market operators o Supervision of market participants at all the time. Ensuring that markets are fair, efficient and transparent o The regulator‟s approval of exchange and trading system operators and of trading rules helps to ensure fair markets. o Dissemination of relevant information is timely and widespread and is reflected in the price formation process o Information about trading in the market is to be made publicly available on a real- time basis The reduction of systemic risk o Reduce the risk of failure (through measures including capital and internal control requirements) o Respond to market disruptions through facilitation of stable domestic and global cooperation and information sharing. o Ensure that capital and other prudential requirements are sufficient to address appropriate risk taking.
  • 15. SEC’S (Securities and Exchange Commission) ROLE IN INCREASING INVESTOR PROTECTION: To maintain surveillance over activities in securities to ensure fair, orderly and equitable dealings in securities. To license, authorize and regulate stock exchanges, dealers, investment advisors, other operators and their representatives. To license, authorize and regulate collective investment schemes such as unit trusts and mutual funds. To maintain proper standards of conduct and acceptable practices in the industry and monitor the solvency of license holders. To protect the integrity of the market against any abuses arising from the practice of insider trading. To adopt measures to minimize and supervise any conflict of interests that may arise for dealers. To formulate principles for the guidance of the securities industry. To review, approve and regulate takeovers, mergers and acquisitions and all forms of business combinations. Legal and Enforcement o The Enforcement Department is responsible for investigating breaches of the securities laws. o It is charged to initiate investigations on complaints and evidence of possible violations of the securities laws. Market Surveillance: o Responsible for establishing and maintaining standards for the fair, orderly, and efficient operation of the securities market. o It is also responsible for licensing operators, monitoring their operations to ensure compliance with the securities laws. Corporate Finance o Responsible for overseeing the disclosure of material information to the investing public by issuers of securities.
  • 16. o Ascertaining whether the disclosures meet with the disclosure requirements and standards required by law. Investment Management o Responsible for supervising and regulating all aspects of the operations of collective investment schemes such as unit trusts and mutual funds. o It administers the securities laws applicable with a view to improving disclosure and minimizing risk for investors without imposing undue costs on regulated entities. Market Development o Undertaking market-related research activities to assist the Commission in creating the necessary atmosphere for the orderly growth and development of the securities industry. o Formulating and implementing the market development and investor/Public education strategies of the Commission. o Advising the Ministry of Finance on all matters relating to the securities industry. Policy Measures and Initiatives of capital markets for increasing Investor Protection : A number of initiatives have been undertaken by the Government, from time to time, so as to provide financial and regulatory reforms in the primary and secondary market segments of the capital market. These measures broadly aim to sustain the confidence of investors (both domestic and foreign) in the country‟s capital market. The policy initiatives that have been undertaken in the primary market during 2006-07 include:  SEBI has notified the disclosures and other related requirements for companies desirous of issuing Indian depository receipts in India. It has been mandated that:  (i) the issuer must be listed in its home country; (ii) it must not have been barred by any
  • 17. regulatory body; and (iii) it should have a good track record of compliance of securities market regulations.  As a condition of continuous listing, listed companies have to maintain a minimum level of public shareholding at 25 per cent of the total shares issued. The exemptions include: (i) companies which are required to maintain more than 10 per cent, but less than 25 per cent in accordance with the Securities Contracts (Regulation) Rules, 1957; and (ii) companies that have two crore or more of listed shares and Rs. 1,000 crore or more of market capitalisation.  SEBI has specified that shareholding pattern will be indicated by listed companies under three categories, namely, 'shares held by promoter and promoter group'; 'shares held by public' and 'shares held by custodians and against which depository receipts have been issued'.  In accordance with the guidelines issued by SEBI, the issuers are required to state on the cover page of the offer document whether they have opted for an IPO (Initial Public Offering) grading from the rating agencies. In case the issuers opt for a grading, they are required to disclose the grades including the unaccepted grades in the prospectus.  SEBI has facilitated a quick and cost effective method of raising funds, termed as 'Qualified Institutional Placement (QIP)' from the Indian securities market by way of private placement of securities or convertible bonds with the Qualified Institutional Buyers.  SEBI has stipulated that the benefit of „no lock-in‟ on the pre-issue shares of an unlisted company making an IPO, currently available to the shares held by Venture Capital Funds (VCFs)/Foreign Venture Capital Investors (FVCIs), shall be limited to:- (i) the shares held by VCFs or FVCIs registered with SEBI for a period of at least one year as on the date of filing draft prospectus with SEBI; and (ii) the shares issued to SEBI registered VCFs/FVCIs upon conversion of convertible instruments during the period of one year prior to the date of filing draft prospectus with SEBI.  In order to regulate pre-issue publicity by companies which are planning to make an issue
  • 18. of securities, SEBI has amended the 'Disclosure and Investor Protection Guidelines' to introduce 'Restrictions on Pre-issue Publicity'. The restrictions, inter alia, require an issuer company to ensure that its publicity is consistent with its past practices, does not contain projections/ estimates/ any information extraneous to the offer document filed with SEBI. Similarly, the policy initiatives that have been undertaken in the secondary market during 2006- 07 include:  In continuation of the comprehensive risk management system put in place since May 2005 in T+2 rolling settlement scenario for the cash market, the stock exchanges have been advised to update the applicable Value at Risk (VaR) margin at least 5 times in a day by taking the closing price of the previous day at the start of trading and the prices at 11:00 a.m., 12:30 p.m., 2:00 p.m. and at the end of the trading session. This has been done to align the risk management framework across the cash and derivative markets.  In order to strengthen the „Know Your Client‟ norms and to have sound audit trail of the transactions in the securities market, 'Permanent Account Number (PAN)' has been made mandatory with effect from January 1, 2007 for operating a beneficiary owner account and for trading in the cash segment.  In order to implement the proposal on creation of a unified platform for trading of corporate bonds, SEBI has stipulated that the BSE Limited would set up and maintain the corporate bond reporting platform. The reporting shall be made for all trades in listed debt securities issued by all institutions such as banks, public sector undertakings, municipal corporations, corporate bodies and companies.  In line with the Government of India‟s policy on foreign investments in infrastructure companies in the Indian securities market, the limits for foreign investment in stock exchanges, depositories and clearing corporations, have been specified as follows:- (i) foreign investment up to 49 per cent will be allowed in these companies with a separate Foreign Direct Investment (FDI) cap of 26 per cent and cap of 23 per cent on Foreign institutional investment (FII); (ii) FDI will be allowed with specific prior approval of Foreign Investment Promotion Board (FIPB); (iii) FII will be allowed only through
  • 19. purchases in the secondary market; and (iv) FII shall not seek and will not get representation on the board of directors.  The application process of FII investment has been simplified and new categories of investment (insurance and reinsurance companies, foreign central banks, investment managers, international organizations) have been included under FII.  Initial issue expenses and dividend distribution procedure for mutual funds have been rationalised.  Mutual funds have been permitted to introduce Gold Exchange Traded Funds.  In the Government securities market, the RBI has ceased to participate in primary issues of Central Government securities, in line with the provisions of Fiscal Responsibility and Budget Management Act (FRBM Act).  Foreign institutional investors have been allowed to invest in security receipts. CONCLUSION: Thus, the capital market plays a vital role in fostering economic growth of the country, as it augments the quantities of real savings; increases the net capital inflow from abroad; raises the productivity of investments by improving allocation of investible funds; and reduces the cost of capital in the economy. Thus the capital markets safeguarding, public confidence in the markets. These safeguards are usually the investor protection roles and functions of regulatory bodies of the capital markets. Thus the Investor protection is intended to enhance investors‟ confidence in the capital markets. Confidence in any capital market, is perhaps the single most important pre-requisite for its sustenance and growth.