SEBI

Net worth Requirements for Clearing Corporations in IFSC – Revised SEBI Guidelines

Net worth Requirements for Clearing Corporations in International Financial Services Centre (IFSC) – SEBI amends Guidelines for minimum/recurring Net worth

Securities and Exchange Board of India

CIRCULAR

SEBI/HO/MRD/DRMNP/CIR/P/2019/60

April 26, 2019

To
All recognized Clearing Corporations in International Financial Services Centre (IFSC)

Dear Sir / Madam

Net worth Requirements for Clearing Corporations in International Financial Services Centre (IFSC)

Clause 5 of SEBI (IFSC) Guidelines, 2015 prescribes net worth requirements for, inter alia, Clearing Corporations operating in IFSC.

2. Subsequent to the notification of Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018 (SECC Regulations, 2018), wherein it is prescribed, inter alia, that every recognized Clearing Corporation shall maintain, at all times, a minimum net worth of one hundred crore rupees or capital as determined under Regulation 14(3)(a) and 14(3)(b), whichever is higher, SEBI issued a circular SEBI/HO/MRD/DRMNP/CIR/P/2019/55 captioned ‘Risk-based capital and net worth requirements for Clearing Corporations under Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018’ on April 10, 2019.

3. The aforementioned circular lays down the methodology for determining the minimum capital/net worth requirements for clearing corporations.

4. In view of the above, Clause 5(2) of SEBI (IFSC) Guidelines, 2015 is being amended and shall now read as under:

“(2) (a) Every applicant seeking recognition as a clearing corporation shall have, in the form of liquid assets, a minimum net worth equivalent of fifty crore rupees.

b) Every recognized clearing corporation, on commencement of operations, shall have at all times, in the form of liquid assets, a minimum net worth equivalent of fifty crore rupees or capital as determined in accordance with the aforementioned SEBI circular dated April 10, 2019 as amended from time to time.

c) Further, every recognized clearing corporation shall enhance, over a period of three years from commencement of operations, its net worth, to be maintained in the form of liquid assets, to a minimum equivalent of one hundred crore rupees or capital as determined in accordance with aforementioned SEBI circular dated April 10, 2019 as amended from time to time.”

5. The Clearing Corporations shall regularly review their net worth requirement and ensure that the net worth does not fall below the prescribed threshold. A certificate to this effect, as signed by the Managing Director of the Clearing Corporation, shall be submitted to SEBI within 15 days from the end of every quarter. The first such submission shall be made applicable for the April – June, 2019 quarter.

6. In exceptional cases where the net worth of Clearing Corporation falls below the prescribed threshold, it shall forthwith inform SEBI inter alia mentioning the reason(s) behind the same and the measure(s) it intends to adopt in order to re-attain the prescribed net worth.

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

Yours faithfully

Sanjay Purao
General Manager
Market Regulation Department
Division of Risk Management and New Products
Email: sanjayp@sebi.gov.in

Share

Recent Posts

  • CA CS CMA

NFRA issues points of compliance by auditor for maintenance, archival & submission of Audit File

Maintenance, archival and submission of Audit File to National Financial Reporting Authority (NFRA) - Points of compliance by the audit…

11 hours ago
  • Income Tax

Rejecting condonation of delay without verifying medical certificates – order set aside

Rejecting condonation of delay and dismissing appeal without verifying medical certificates – ITAT sets aside order of CIT(A) In a…

14 hours ago
  • Income Tax

Common Area Maintenance Charges not rent liable to TDS u/s 194-I – SLP dismissed

Common Area Maintenance (CAM) Charges cannot, by any stretch, be construed as payment of rent liable to TDS under section…

15 hours ago
  • Income Tax

Order u/s 148A(d) stating audit objection, ignoring reply is non application of mind – SC

SC upheld that merely producing audit objection in order u/s 148A(d) ignoring reply of assessee is non application of mind…

20 hours ago
  • Insurance

In insurance claim if damage caused by fire, reasons how fire took place are irrelevant

In an insurance claim if it is established that damage was caused by fire, then reasons by which the fire…

1 day ago
  • Income Tax

CBDT assigns jurisdiction of CIT(Appeals) for assessments u/s 132, 132A u/s 133A or penalty

CBDT assigns jurisdiction of CIT(Appeals) in pursuance of assessments completed in pursuance to search u/s 132, requisition u/s 132A or…

2 days ago