SEBI

Employees of depository participant entities not to be considered as DP

Employees of depository participant entities not to be considered as Depository Participant or their associate under SEBI (D&P) Regulations 2018

CIRCULAR

 

SEBIIHO/MRD/ DOP2-DSA2/CIR/ P/2019/22                               

January 23, 2019

To
All Depositories,

Dear Sir / Madam,

Sub: Clarifications in SEBI (Depositories and Participants) Regulations, 2018

SEBI, vide notification dated October 03, 2018 , issued Securities and Exchange Board of India (Depositories and Participants) Regulations , 2018 [SEBI (D&P) Regulations, 2018].

2.  Stock  Exchanges, Depositories , Public  Financial  Institutions and  Public Sector  Banks  had sought  certain  clarifications  from  SEBI with regard  to the applicability of Regulation 24 (9) and  Regulation  24  (10)  of  SEBI   (D&P) Regulations , In this regard, it is clarified that:

(i) For the purpose of Regulation 24 (9) and Regulation 24 (10) of SEBI (D&P) Regulations 2018, a recognized clearing corporation shall not be considered as a Depository Participants.

(ii) For the purpose of 24(10) of SEBI (D&P) Regulations 2018 , in addition to the directors, employee/s of entities mentioned in Regulation 24 (10) shall not be considered as Depository Participant or their associate.

3. In view of the above, Depositories are directed to:

(i) take necessary steps to put in place systems for implementation of the circular , including necessary amendments to the relevant bye-laws, rules and  regulations;

(ii) bring the provisions of this circular to the notice of the depository participants I other market participants and also disseminate the same on their website;

(iii) communicate to SEBI the status of implementation of the provisions of this circular through monthly development report.

4. This circular is being issued in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act , 1992,read with Section 19 of the Depositories Act, 1996 in the interests of investors in securities and to promote the development of, and to regulate the securities market.

5. This circular is available on SEBI website at www.sebi.gov.in at “Legal Framework—+Circulars “.

Yours faithfully ,

Bithin Mahanta
Deputy General Manager
email : bithinm@sebi.gov.in

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

Jewellery purportedly received from grandparent under Will added as unexplained credits

Addition u/s 68 for jewellery purportedly received on death of grandparent under Will upheld. In a recent judgment, ITAT upheld…

23 hours ago
  • bankruptcy

SC lays down tests to determine if a debt is financial debt or operational under IBC

Supreme Court lays down tests to determine whether a debt is a financial debt or an operational debt under IBC…

1 day ago
  • Income Tax

Commonality of directors of companies does not mean deposits received was bogus

Merely because directors of two companies were common not mean that deposits received was bogus and companies were shell companies…

2 days ago
  • ITAT

Application though named as rectification but if tax is not legitimate, it also touches merit: HC

Application though named as rectification but if tax imposed is not legitimate then it also touches upon the merit –…

2 days ago
  • Income Tax

Cost of acquisition as on 01.04.1981 taken as per valuer report by reverse indexing of FMV

Cost of acquisition as on 01.04.1981 taken as per valuer report by reverse indexing of current FMV to be further…

2 days ago
  • Income Tax

AO was directed to serve notice of hearing through physical mode upon assessee 

ITAT directed AO to serve notice of hearing both through electronic and physical mode upon the assessee  In a recent…

2 days ago