Securities and Exchange Board of India (SEBI)
The securities and exchange board of
India was set up on 12th April 1998. The main purpose of setting up
SEBI was to develop and regulate stock market in India. In 1992, SEBI act was
passed. The act gave statutory powers to SEBI. SEBI began its operations in
1992.
Objective of SEBI
· To protect the interest of investors
· To bring professionalism in the working of intermediaries in the capital
markets, example – brokers, mutual funds, stock exchanges, demat depositories,
etc.
· To create a good financial climate, so that company can raise long term
funds through the issue of securities – shares, and debentures.
Powers of SEBI over stock exchange
· Power to call periodical returns from recognized stock exchange.
· Power to call any information or explanation from recognized stock
exchange or their members.
· Power to grant approval of bye-laws of recognized stock exchanges
· Power to order enquiries relating to affairs of stock exchanges or their
members
· Power to make or amend bye-laws of recognized stock exchanges.
· Power to control and to regulate stock exchange.
Function of SEBI
1.
Protection of investors interest
SEBI frames rules and
regulations to protect the interest of investors. It monitors whether the
concerned parties are following the rules and regulations. Example – issuing
company, mutual funds, brokers and other . SEBI handles investors complaints
against brokers, company issuing securities and agencies connected with issue
or management of securities.
SEBI has introduced
investor protection and education fund. The fund is utilised for the purpose of
protection of investor and promotion of investor education and awareness.
2.
Regulates working of mutual funds
SEBI regulates the
working of mutual funds. For this purpose, SEBI has laid down rules and
regulations that are to be followed by mutual funds, SEBI has prescribed the
SEBI (mutual funds) regulations, 1993. Necessary modification are made in the
regulations from time to time.
The regulations are to
be complied with by all mutual funds in India. SEBI may cancel the registration
of a mutual funds, if it fails to comply with the regulations.
3.
Prohibition on insider trading
SEBI has prohibited
insider-trading activity. SEBI regulation states that no insider shall-either
on his own behalf or on behalf of any other person, deal in securities of a
company listed on any stock exchange on the basis of any unpublished price
sensitive information.
4.
Regulates merchant banking
SEBI has laid down
regulations in respect of merchant banking activities in India. SEBI has laid
down SEBI (merchant bankers) regulations 1992 which are to be followed by all
merchant bankers in India. The regulations are in respect of registration, code
of conduct to be followed, submission of half-yearly results, and so on.
5.
Regulates stock brokers activities
SEBI has also laid down
regulations in respect of brokers and sub-brokers. No broker or sub-broker can
buy, sell or deal in securities without being a registered member of SEBI.
Registration enables SEBI to regulate stock broker activity.
In august 2014, SEBI
cleared a proposal for one time registration process for stock brokers and
clearing entities that would allow them to operate across stock exchanges.
Under the new norms,
stock brokers and clearing members would be required to have only single
certificate of registration issued by SEBI.
A simple one time
process in entire life time of a stock broker would help SEBI prevent
duplication of registration process for each stock exchange.
6.
Portfolio management
SEBI has also enacted
regulations to regulate the working of portfolio managers. Portfolio managers
make investment decisions for individuals and institutions. SEBI has laid down
that no person or institution can operate as a portfolio manager without the registration.
The portfolio managers have to follow the relevant regulations.
7.
Regulates take over and mergers
SEBI has issued a set
of guidelines to protect the interest of the investors in the case of take over
and mergers. SEBI guidelines are to be followed by corporations at the time of
take over mergers, etc.
The SEBI regulations,
1997 and its subsequent amendment aim at making the take-over process
transparent, and also protect the
interest of minority shareholders.
8.
Research and publicity
SEBI conducts surveys
in respect of investments and opportunity. SEBI bring out monthly bulletins
covering articles relating to developments in the securities market, economic
development etc
Some of the news and
publication of SEBI include.
· Press releases
· SEBI bulletins
· Annual reports
· SEBI DRG studies
· Public notices
· Public interest disclosure
· News clarifications
· Handbook of statistics
· Speeches
· Working papers
9.
Monitoring of stock exchanges
SEBI plays an important
role in monitoring stock exchanges, in order to improve the working of stock
markets in India. The role is stated below:
a.
Submission of annual report
Every recognized stock
exchange has to furnish to SEBI annually with a report about its activity
during the previous year. The report should contain the following details:
· Changes in rules and bye laws, if any
· Change in the composition of the governing body
· Any new committee was set up and changes in the composition of existing
one.
· Admissions, re-admission, deaths or resignation of members.
· Disciplinary action taken members, etc.
b.
Submission of periodical returns:
Periodical returns have
to be submitted by the stock exchanges to SEBI relating to:
· The official rates for securities listed
· The number of shares delivered through the clearing house.
· The number of securities listed and delisted during the pervious three months,
etc.
10. Capital market reform by SEBI
SEBI introduces reform
in capital markets to make it more effective. In recent years, SEBI has
introduced several capital market reforms, in order to improve the performance
of capital or stock markets. Some of the important reforms.
· Buy back of shares is allowed to reduce the chances of hostile take –
over
· Corporate government introduced, whereby the board of directors must
govern the listed company properly in the interest of shareholders, and other
stakeholders.
· Demat of shares has been introduced to do away with the problem of
physical transfer of shares.
· For transparency in brokers transactions – rules have been introduced.
· PAN is made compulsory for investors to trade on stock exchanges.
11. Guideline on capital issues
SEBI has framed
necessary guidelines in connection with capital issues. The guidelines are
applicable to:
· First public issue of new companies
· First public issue by existing private / closely held companies.
· Public issue by existing listed companies.
· It prohibits fraudulent and unfair trade practices relating to securities
market.
· It promotes and regulates self-regulatory organisations.
· It promotes investors education, and also training of intermediaries in
securities market.
· It conducts inspection, inquiries and audits of stock exchanges and
intermediaries and self – regulatory organisations in securities market.
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