sebi, powers and functions of sebi. sat

1. BUSINESS REGULATORY
FRAMEWORK FOR COMPANIES
Done by: Group 4
Afroz BCMH/8027/16
Ainseen BCMH/8029/16
Nasiha BCMH/8037/16
Antony BCMH/8018/16
Zanish BCMH/8035/16
Thasneem BCMH/8003/16
Ramees BCMH/8032/16
Karamjit BCMH/8025/16

3. A securities commission is a government
department or agency responsible for financial
regulation of securities products within a particular
country. Its powers and responsibilities vary greatly
from country to country, but generally cover the
setting of rules as well as enforcing them for
financial intermediaries and stock exchanges.

7. Securities and Exchange Board of
India

10. Powers of SEBI
 Powers relating to stock exchanges &
intermediaries
SEBI has wide powers regarding the stock
exchanges and intermediaries dealing in securities. It
can ask information from the stock exchanges and
intermediaries regarding their business transactions for
inspection or scrutiny and other purpose.

11.  Power to impose monetary penalties
SEBI has been empowered to impose monetary
penalties on capital market intermediaries and other
participants for a range of violations. It can even impose
suspension of their registration for a short period.
 Power to regulate insider trading
SEBI has power to regulate insider trading or can
regulate the functions of merchant bankers.

12.  Power to initiate actions in functions
assigned
SEBI has a power to initiate actions in regard to
functions assigned. For example, it can issue guidelines
to different intermediaries or can introduce specific rules
for the protection of interests of investors.

13.  Powers under Securities Contracts Act
For effective regulation of stock exchange, the Ministry
of Finance issued a Notification on 13 September, 1994
delegating several of its powers under the Securities
Contracts (Regulations) Act to SEBI.
SEBI is also empowered by the Finance Ministry to
nominate three members on the Governing Body of
every stock exchange.

14.  Power to regulate business of stock
exchanges
SEBI is also empowered to regulate the business of
stock exchanges, intermediaries associated with the
securities market as well as mutual funds, fraudulent
and unfair trade practices relating to securities and
regulation of acquisition of shares and takeovers of
companies.

19. SECURITIES APPELLATE
TRIBUNAL
Securities Appellate Tribunal is a statutory body established
under the provisions of Section 15K of the Securities and
Exchange Board of India Act, 1992 to hear and dispose of
appeals against orders passed by the Securities and Exchange
Board of India or by an adjudicating officer under the Act and
to exercise jurisdiction, powers and authority conferred on the
Tribunal by or under this Act or any other law for the time
beingin force.

20. PRESIDING OFFICER
JUSTICE J.P.DEVADHAR
Appointed asPresiding Officer of Securities Appellate Tribunal by
Central Government notification dated 11.07.2013 and
accordingly assumed the charge on 12.07.2013

21. ACTS
 The FinanceAct,2017
 Securities and ExchangeBoard of India Act,1992
 Depositories Act,1996
 Securities Contracts(Regulation)Act,1956
 Finance(Removalof difficulties)Order,2017
 Gazette Notification-FinanceAct,2017
 The Insurance Laws(Amendment)Act,2015

22. JURISDICTION:
Wholeof India.
BENCHES:
The SecuritiesAppellate Tribunal has only one
bench which sits at Mumbai.

23. RULES
• Depositories Rules(appeal to SAT),2000
• Securities Contract (Regulation)Rules,2000
• Securities Appellate Tribunal(Procedure)Rules,2000
• PensionFund Regulatory and DevelopmentAuthority
Rules,2014
• SAT Rules,2003
• SAT Rules,1997
• Tribunal , Appellate Tribunal and other Authorities
Rules,2017

25. European Securities and Markets
Authority (ESMA)
• The European Union financial regulatory institution
and European Supervisory Authority, located in Paris.
• ESMA replaced the Committee of European Securities
Regulators (CESR) on 1 January 2011.
• It is one of the three new European Supervisory Authorities set
up within the European System of Financial Supervisors.

26. • The idea behind ESMA is to establish an "EU-wide financial
markets watchdog".
• One of its main tasks is to regulate credit rating agencies .
• In 2010 credit rating agencies were criticized for the lack of
transparency in their assessments and for a possible conflict of
interest
• At the same time, the impact of the assigned ratings became
significant for companies and banks but also states.
• ESMA works in the field of securities legislation and regulation
to improve the functioning of financial markets in Europe,
strengthening investor protection and co-operation between
national competent authorities.

27. GUIDELINES AND TECHNICAL
STANDARDS
GUIDELINES
In order to promote supervisory convergence ESMA
has the power to issue guidelines (Article 16ESMA
Regulation 1095/2010) which are addressed to
competent authorities or, as the case may be, to
market participants.
In the context of developing the guidelines ESMA will,
where appropriate, conduct open public consultation.
.

28.  ESMA is entitled to receive information from
competent authorities or, as the case may be, from
market participants whether they comply with the
guidelines and to publish the reasons of supervisory
authorities’ non-compliance.

29. TECHNICAL STANDARDS
According to Articles 10 et seq. Regulation 1095/2010 ESMA is
entitled to elaborate technical standards to be submitted to the
Commission for endorsement.
Depending on the level 1 mandate ESMA will either develop
regulatory technical standards which are endorsed by the
Commission by means of delegated acts under Article 290
TFEU or implementing technical standards which are adopted
by the Commission by means of implementing acts under Article
291 TFEU.
Usually, ESMA will conduct open public consultations before
submitting the technical standards to the Commission.