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Role of SEBI in Capital Market
Role of SEBI in Capital Market
Role of SEBI in Capital Market
Controller of Capital Issues was the regulatory authority before SEBI came into existence[3]; it derived
authority from the Capital Issues (Control) Act, 1947.
INTRODUCTION == Organization structure == Upendra Kumar Sinha is the new chairman of SEBI. His
term started on February 18 2011. he is appointed for a period of five years.[4] .
Name Designation
CA. T. V. Mohandas
Director, Infosys
Pai
Name From To
February 18,
C. B. Bhave February 18 2011
2008
February 18,
Shri M.. Damodaran February 18, 2008
2005
February 20,
Shri G. N. Bajpai February 18, 2005
2002
February 21,
Shri D. R. Mehta February 20, 2002
1995
Shri G. V.
August 24, 1990 January 17, 1994
Ramakrishna
SEBI has three functions rolled into one body: quasi-legislative, quasi-judicial and quasi-executive. It
drafts regulations in its legislative capacity, it conducts investigation and enforcement action in its
executive function and it passes rulings and orders in its judicial capacity. Though this makes it very
powerful, there is an appeals process to create accountability. There is a Securities Appellate Tribunal
which is a three-member tribunal and is presently headed by a former Chief Justice of a High court - Mr.
Justice NK Sodhi. A second appeal lies directly to the Supreme Court.
SEBI has enjoyed success as a regulator by pushing systemic reforms aggressively and successively
(e.g. the quick movement towards making the markets electronic and paperless rolling settlement on T+2
basis). SEBI has been active in setting up the regulations as required under law.
SEBI has also been instrumental in taking quick and effective steps in light of the global meltdown and the
Satyam fiasco. It had increased the extent and quantity of disclosures to be made by Indian corporate
promoters. More recently, in light of the global meltdown, it liberalised the takeover code to facilitate
investments by removing regulatory strictures. In one such move, SEBI has increased the application limit
for retail investors to Rs 2 lakh, from Rs 1 lakh at present.
Powers
SEBI has the right to search and seizure where just cause can be given. In matters of security trading,
SEBI has the power to restrict and allow trading in a given scrip without any external (i.e. judicial or
executive) intervention.
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.
If SEBI thinks that it will be against its rules and regulations, SEBI can ban on any stock exchange to
trade in shares and stocks.
Now, we explain role of SEBI in regulating Indian Capital Market more deeply with following points:
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.
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 fund sand all banks and financial and insurance
companies who want to issue it, must take permission from SEBI."
It can impose the penalties on capital market intermediaries if they involve in insider trading.
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.
SEBI uses his powers to audit the performance of different Indian stock exchange for bringing
transparency in the working of stock exchanges.
Share trading transactions carry forward can not exceed 25% of broker's total transactions.
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.
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
iii. Margins
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
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. Link
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.
Time to time, SEBI arranges scheduled workshops to educate the investors. On 22 may 2010 SEBI
imposed workshop. If you are investor, you can get education through SEBI leaders by getting update
information on this page.
Capital markets may be classified as primary markets and secondary markets. In primary markets, new
stock or bond issues are sold to investors via a mechanism known as underwriting. In the secondary
markets, existing securities are sold and bought among investors or traders, usually on a securities
exchange, over-the-counter, or elsewhere.