Professional Documents
Culture Documents
Financial Markets and Services
Financial Markets and Services
SERVICES
CIA – 3 Compare and contrast various financial services/instruments offered by Financial
Institutions in India with the services/instruments offered by financial institutions in some other
country.
SUBMITTED TO :
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INTRODUCTION AND OVERVIEW
In this CIA we will compare the instruments and services offered by Indian financial bodies with
those offered abroad. We will also evaluate the positive and negative aspects based on the
comparison and give suggestions. For part 1 of this CIA, we have chosen the stock market
regulatory bodies of two different countries, namely SEBI (Securities and Exchange board of
India) and SEC (U.S Securities and Exchange commission). For the second part of the CIA, we
have chosen the central banks of India and Denmark, namely The Reserve Bank of India and
Danmark’s National Bank. We will start by providing a general introduction of the chosen
organisations. Then, we'll compare the institutions based on the criteria we've established for
comparison between them. Finally, we will have a conclusion for the entire report where we will
examine the room for development, any loopholes, and solutions to address these likely issues.
We will also summarize and draw conclusions from the comparisons' findings. The bibliography
part of the report will allow the reader to find all the sources consulted for the report.
Various agencies of the federal and state governments oversee and regulate the financial markets
and commercial enterprises. Each of these organisations is given a distinct set of obligations and
responsibilities that enable them to function independently while pursuing comparable
objectives. Although there are varying views on these organizations’ efficacy, efficiency, and
even need, they were all created with a specific purpose in mind.
PART 1
INTRODUCTION TO SEBI (Securities and Exchange Board of India)
In India, SEBI plays a significant regulatory role in the financial markets. In order to oversee the
securities market, the Securities and Exchange Board of India (SEBI) was founded as a non-
governmental organisation in 1988. The SEBI Act, 1992, which was passed by the Indian
Parliament, gave it legislative authority and allowed it to become a self-governing organisation
on January 30, 1992. With its main headquarters in Mumbai's Bandra Kurla Complex, SEBI also
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maintains regional offices in New Delhi, Kolkata, Chennai, and Ahmedabad in the north, east,
south, and west. The business established regional offices in Chandigarh, Bangalore, Guwahati,
Patna, Bhubaneswar, Jaipur, and Patna in 2013-2014. Before SEBI was created, the regulator
was the manager of capital matters. The Capital Issues (control) Act 1947 gives it authority.
The major regulator of the Indian stock market is the Securities and Exchange Board of India
(SEBI). SEBI is equivalent to the US Securities and Exchange Commission (SEC). Its mission
is to "protect investors' interests in securities and to encourage and oversee the growth of the
securities market."
Securities trading was governed by what are referred to as "blue sky legal guidelines" prior to the
adoption of the federal securities laws and the founding of the SEC. To protect the public from
fraud, these laws that governed the imparting and sale of securities were passed and put into
effect at the national level. Although the specifics of these laws varied from state to state, they all
required the registration of all sales and services of securities as well as every stockbroker and
brokerage business operating in the United States. Blue sky legal guidelines, however, had
typically been regarded as useless. For instance, the Investment Bankers Association began
informing its members in 1915 that they could avoid blue sky legal guidelines by performing
securities services across national borders through the mail. The Securities Act of 1933 and
Securities Exchange Act of 1934, both of which are regarded as components of Franklin D.
Roosevelt's New Deal policy, were crucial in establishing the SEC's jurisdiction.
The Securities Act of 1933, which federally regulates genuine issues of securities across national
lines, was passed by Congress in response to the Pecora Commission hearings on abuses and
frauds in the securities markets. In general, it does this by requiring that issuing groups sign
distributions prior to sale so that investors can also have access to basic economic information
and make informed decisions. The Federal Trade Commission was in charge of enforcing the
law during its first year of operation.
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COMPARABLE PARAMETERS
The five comparable parameters that have been chosen for this assignment are as follows:
3) ACHEIVEMENTS –
Each nation's regulatory body has accomplished something in the past, and these
accomplishments set them apart since they demonstrate the many ways in which they
have used their authority as well as their efficacy and efficiency.
5) STRUCTURE –
Different countries have different regulatory intermediary structures. Some have an
intrinsic structure that differs from others, as does the hierarchy of power within the
organisation, depending on whether they are statutory or not.
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COMPARISON
A) SEBI –
"To protect the interests of investors in securities and to promote the development of, and to
regulate, the securities market and for matters connected therewith or incidental thereto," is how
the Securities and Exchange Commission of India's Preamble explains the organization's core
responsibilities.
The three segments that make up the market must be catered to by SEBI:
Security Issuer
Investor and
market agent
B) SEC –
They are responsible for approving the underwriter's book runner.
Financial services organisations such as brokers, consulting firms, and money managers
must register with the SEC in order to trade, ensuring full information, fair dealing, and
protection from deceptive and manipulative market activities.
Through its internet database, the SEC gives investors access to registration statements,
periodic financial reports, and other securities filings.
A) SEBI –
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Being a regulatory organisation, SEBI India has a range of authority to carry out essential
duties. A list of these authority granted to the regulatory body is included in the SEBI Act
of 1992.
Quasi-Judicial powers: SEBI has the authority to issue rulings in cases of
securities market scams and unethical behaviour. This authority makes it easier to
keep the market for securities transparent, accountable, and fair.
Quasi-Executive powers: In order to find or compile evidence against violations,
SEBI has the authority to inspect the book of accounts and other crucial
documents. The regulatory body has the authority to enforce rules, render
judgments, and pursue legal action against violators if it discovers someone
violating the regulations.
Quasi-Legislative powers: The authoritative body has been entrusted with the
authority to create appropriate rules and regulations in order to safeguard
investors' interests. These regulations frequently cover disclosure requirements,
insider trading restrictions, and listing obligations. Such rules and regulations are
developed by the body to eradicate fraud that is common in the securities market.
The Supreme Court of India and the Securities Appellate Tribunal tend to have an
upper hand when it comes to the powers and functions of SEBI. All its functions and
related decisions have to go through the two apex bodies first.
B) SEC –
The SEC has extensive power over all facets of the securities sector. This includes the
power to authorise, licence, and manage the nation's securities self regulatory
organisations as well as brokerage firms, transfer agents, and clearing agencies. It also
has disciplinary powers over regulated entities and connected parties.
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accused to forfeit gains allegedly made through insider trading, bar them from serving as
officers or directors of any issuer of securities, and pay civil monetary penalties in
accordance with US securities laws. SEBI is empowered to take each of the
aforementioned acts in absolute terms in India, not merely as temporary measures. The
SEBI Act of 1992's Chapter VIA gives SEBI the authority to impose financial penalties
without the involvement of a court. (Varottil, 2009)
ORGANISATIONAL STRUCTURE
A) SEBI :
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B) SEC –
Five Commissioners make up the Securities and Exchange Commission. With the approval of
the US Senate, the President of the United States appoints them. Regarding the SEC's
organisational structure, there are five divisions, nineteen offices, and about 3,800 employees.
The SEC's divisions are:
Corporation Finance
Trading and Markets
Investment Management
Enforcement
Economic and Risk Analysis
ACHEIVEMENTS
A) SEBI –
Successful regulator SEBI actively and persistently seeks logical improvements. By
implementing a rolling cycle of T+5 from July 2001, T+3 from April 2002, and T+2 from
April 2003, SEBI evaluated the quick shift to electronic and paperless
markets. Settlement happens within two days of the trading date in a rolling cycle of T+2.
SEBI made a concerted effort to create statutory rules. Due to mail delays, theft, and
fraud, physical certificates were discontinued by SEBI, and the Deposit Storage Act of
1996's enactment made payments more complicated and time-consuming.
In response to the global financial crisis and the Satyam fiasco, SEBI also aided in taking
quick and decisive action. She promoted investment by reducing regulatory barriers and
loosening acquisition norms in the midst of a worldwide financial crisis. In one of these
actions, SEBI raised the Rs. 100,000 application cap for individual investors to Rs.
200,000.
SEBI Executive Director Shri G. P. Garg released a book on financial literacy at World
Investor Week 2022. His CASI New York and The Metropolitan Stock Exchange India
Limited collaborated on this publication.
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B) SEC –
Over 50 major regulation packages, including significant improvements to safeguard
investors and markets from the goods and conduct directly linked to the financial crisis,
have been proposed or implemented by the European Commission since April 2013.
Money market funds, rating organisations, asset-backed securities, proprietary trading,
executive remuneration, systematic clearing houses, securities swaps, and investment
advice to local governments are some of the things that these changes will impact.
Additionally, the European Commission has significantly improved key market
structures.
The Commission has concentrated its enforcement efforts on important issues of rising
concern, such as accounting and bookkeeping fraud, inappropriate behaviour by
significant market participants, and improper behaviour by broker-dealers and investment
advisors.
The Commission's personnel performed more than 2,400 audits in 2016. Compared to
2015, there has been an increase of more than 20%. She earned investors more than $60
million as a result of these evaluations.
The Commission's personnel carried out over 2,000 investigations in 2015. More than
any other fiscal year in the previous five years, that. An estimated $120 million in returns
were generated for investors as a consequence of these investigations. More than 1,850
investigations were conducted by Commission officials in 2014, and more than $40
million in investor funds were voluntarily refunded. Additionally, as a consequence of
enforcement proceedings concluded in his fiscal year 2014, including remittances from
audits, more than $300 million in fines, penalties, and exploitation were assessed.
A) SEBI –
The most significant of SEBI's many laws, rules, regulations, and regulations are:
SEBI (Issuance of Capital and Disclosure Requirements) Regulations, 2009:
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In order to guarantee that securities transactions are accurate and advantageous to
both listed businesses and investors, these regulations offer procedures for handling
issues and matters pertaining to capital and disclosures made by Indian listed
companies.
These SEBI Regulations were created to address concerns with fair and legal share
acquisitions and takeovers.
B) SEC –
This 2023 edition considers all of the SEC's relevant rulemaking that was posted through
October, including:
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(2) the electronic submission or submission of files that are currently permitted
for electronic submission, such as the "glossy" annual file to security holders
Amendments that enforce the disclosure and submission requirements of the
Holding Foreign Companies Accountable Act (HFCA Act) for registrants that the
SEC identifies as having filed an annual report with an audit file issued by a
registered public accounting corporation based in a foreign country, and that the
PCAOB is unable to fully look at or inspect due to a function taken by a
professional in that country.
I now have a better grasp of the stock market regulating organisations in four distinct nations on
four separate continents thanks to this research. I gained knowledge about how they operate and
how crucial they are to the financial and capital markets thanks to the comparative research. The
fact that authorities established for the same goal might differ so greatly on a few essential and
fundamentally important grounds, such as their services, functions, powers, authority, structure,
rules, affiliations, etc., was noteworthy to observe.
The study suggests that the primary causes of the difference are the various lives, upbringings,
natures, mentalities, habits, cultures, norms, etc. As a result, choosing diverse continents for this
study was the best choice, and our initial idea has been confirmed.
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PART 2
The Reserve Bank of India, commonly known as RBI, is the country's central bank and the
regulatory organisation in charge of overseeing the country's banking industry. It is under the
ownership of Ministry of Finance, Government of India. Control, issuance, and supply
maintenance of the Indian rupee are its duties. It also oversees the primary payment networks for
the nation and tries to further its economic growth. In two of its currency printing presses located
in Nashik (Western India) and Dewas, the Reserve Bank of India (RBI) manufactures and mints
Indian currency notes (INR) through Bharatiya Reserve Bank Note Mudran (BRBNM) (Central
India). in order to control the payment and settlement systems in India, the RBI created the
National Payments Corporation of India as one of its specialised divisions.
The Kingdom of Denmark's official bank is called Danmarks Nationalbank. It belongs to the
European System of Central Banks as a non-eurozone member (ESCB). The Nationalbank's goal
as a legitimate and independent organisation from its founding in 1818 has been to issue the
Danish krone and maintain its stability. The Board of Governors is alone in charge of monetary
policy. All duties pertaining to the administration of the debt held by the Danish central
government are handled by Danmarks Nationalbank. An agreement between the Danish Ministry
of Finance and Danmarks Nationalbank outlines the duty split. (Danmarks Nationalbank, n.d.)
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COMPARISON BETWEEN THE POLICIES OF RBI AND Danmarks
Nationalbank
DANMARKS NATIONALBANK
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CHALLANEGES AND LIMITATIONS OF BOTH THE BANKS
The Indian monetary system (and therefore the RBI) are in serious need of fair growth
due to the effects of a constantly evolving monetary system as well as the expense to
states that must keep up with them due to inflation and price stability.
the lack of domestically manufactured items in the country implies that the Danish
economy and the Danmarks National bank need a lot of cash. Given that the majority of
the output is in the form of services contracted by foreign firms, the Danmarks
Nationalbank is making considerable efforts to stimulate the development of businesses
for local purposes through its monetary policy.
More than most other nations, India is overflowing with small and medium-sized
businesses, which need funding and supportive policies to take off. To meet the many
needs of the enterprises and the economy, a good monetary policy must be established
(and updated frequently).
The Danish Nationalbank is going through a separate issue as a result of the Danish
Krone's peg to the Euro, which makes it more difficult to attract foreign direct
investment. Furthermore, the Danish monetary policy is strongly focused on promoting
import and export (because of need), which is not very beneficial for self-sustainability.
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References
Raj Rajaratnam and Insider Trading. (n.d.). Retrieved from Seven Pillars Institute :
https://sevenpillarsinstitute.org/case-studies/raj-rajaratnam-and-insider-trading-2/
SEBI – Securities and Exchange Board of India. (n.d.). Retrieved from Groww:
https://groww.in/p/sebi-securities-and-exchange-board-of-india
Varottil, U. (2009, October 29). Powers of SEBI and SEC Compared. Retrieved from
IndiaCorpLaw : https://indiacorplaw.in/2009/10/powers-of-sebi-and-sec-compared.html
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