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Mayuri SEBI Project - Docx 3docx
Mayuri SEBI Project - Docx 3docx
A Project Submitted
By
APRIL, 2023
CERTIFICATE
This is to certify that Ms. Mayuri Santosh Sawant student of TYBMS Semester VI of
the D. G. Ruparel College of Arts, Science and Commerce has successfully completed
the project report on “A Study on the role of SEBI Development in Indian Stock
Market” under the guidance of Ms. Sonali Bare for the academic year 2022-23.
_________________ _________________
_________________ _________________
( VICE PRINCIPAL)
Place: Mumbai
Declaration by learner
I the undersigned Mr. Your full name here by, declare that the work embodied in this
project work titled “A Study on the role of SEBI Development in Indian Stock
Market” forms my own contribution to the research work carried out under the
guidance of Ms. Sonali Bare is a result of my own research work and has not been
previously submitted to any other University for any other Degree/ Diploma to this or
any other University.
Wherever reference has been made to previous works of others, it has been clearly
indicated as such and included in the bibliography.
I, here by further declare that all information of this document has been obtained and
presented in accordance with academic rules and ethical conduct.
Certified By
________________
(Project Guide)
Date: ___/___/____
Place: Mumbai
.
ACKNOWLEDGEMENT
To list who all have helped me is difficult because they are so numerous and the depth
is so enormous.
I would like to acknowledge the following as being idealistic channels and fresh
dimensions in the completion of this project.
I take this opportunity to thank the University of Mumbai for giving me chance to do
this project.
I would like to thank my I/C Principal, Dr. Dilip Maske for providing the necessary
facilities required for completion of this project.
I take opportunity to thank our Coordinator Dr. Neeta Tatke for her moral support
and guidance.
I would like to express my sincere gratitude towards my Project Guide Ms. Sonali
Bare whose guidance and care made the project successful.
I would like to thank my College Library, for having provided various reference
books and magazines related to my project.
Lastly, I would like to thank each and every person who directly or indirectly helped
me in the completion of the project especially my Parents and Peers who supported
me throughout my project.
INDEX
LIST OF FIGURES
EXECUTIVE SUMMARY
Indian securities markets have undergone many changes during the last decade.
Exponential growth in trading volumes is pushing existing trading systems and
processes to capacity and increasing settlement risk. With Indian market moving to a
T+3 rolling settlement cycle in line with global markets, SEBI is continuing its efforts
to increase the efficiency and transparency in Indian markets. This would result in
lowering of trade costs and make Indian markets a more attractive destination for
global investors. Indeed it has been SEBI endeavor to make the Indian markets, one of
the most competitive and efficient markets of the world.
The move from a 5 day settlement period to a three day period requires firms to
streamline trading processes by way of a foolproof, faster, cost effective and
universally acceptable mode of communication among market participants. With
changes happening in rapid succession, derivatives markets looking to expand, the
settlement risk are increasing and this is pushing the need for Straight. Through
Processing (STP) and making it a pre-requisite for success of smooth functioning of
securities market with a settlement period of T +3 or less.
Performance Measurement
It is often said that you cannot manage what you cannot measure. This is true
of the trade process and counterparty performance. Management of
information throughout the process will be the key to determine success, not
only in your own process, but also that of your counterparts. Measure against
an industry code of practices and peer groups will help to create the discipline
in the market. We should not discount the possibility of publishing
performance tables - a case of naming and shaming - to further concentrate the
mind.
CHAPTER 1
INTRODUCTION:
What Is SEBI?
Securities and Exchange Board of India (SEBI) was first established in 1988 as a non-
statutory body for regulating the securities market. It became an autonomous body on
30th January 1992 and was accorded statutory powers with the passing of the SEBI
Act 1992 by the Indian Parliament. SEBI has it’s headquarters at the business district
of Bandra Kurla Complex in Mumbai and has Northern, Eastern, Southern and
Western Regional Offices in New Delhi, Kolkata, Chennai and Ahmedabad
respectively. It has opened local offices at Jaipur and Bangalore and has also opened
offices at Guwahati, Bhubaneshwar, Patna, Kochi and Chandigarh in financial year
2013-2014.
Controller of Capital Issues was the regulatory authority before SEBI came into
existence; it derived authority from the Capital Issues (Control) Act, 1947.
After the amendment of 1999, collective investment schemes were brought under
SEBI except NIDHI, chit funds and cooperatives.
Madhabi Puri Buch took charge of chairman on 1 March 2022, replacing Ajay Tyagi,
whose term ended on 28th February 2022. Madhabi Puri Buch is the first woman
chairperson of SEBI.
Majorly, SEBI controls the issuers of securities, the investors and the market
intermediaries. The Board draft regulations and statutes under its legislative authority,
also pass rulings and orders under its judicial capacity and operate investigations in its
executive limits. SEBI works as a barrier to avoid malpractices related to the stock
market by establishing a code of conduct and promoting the healthy functioning of the
stock exchange. Initially, SEBI didn’t have the authority to regulate the stock
exchange, but in 1992 the Union Government gave statutory powers to SEBI through
the SEBI Act, 1992.
As per the SEBI Act 1922, the power and functions of the board encompass the
regulations of Stock Exchanges and other securities markets, registration and
regulation of the working stock brokers, sub-brokers, bankers to an issue (a public
offer of capital), trustees of trust deeds, regsitrars to an issue, merchant bankers, under
writers, portfolio managers, investment advisors and such other intermediaries who
may be associated with the stock market in any way; registration and regulations of
mutual funds, promotion and regulation of self-regulatory organizations, prohibiting
Fraudulent and unfair trade practices and insider trading in securities markets,
regulating susbtanial acquisition of shares and takeover of companies, calling for
information from, undertaking inspection, conducting inquiries and audits of stock
exchanges, intermediaries and self-regulatory organizations of the securities market,
performing such functions and exercising such powers as contained in the provisions
of the Capital Issues (Control) Act,1947.
The Securities Contracts (Regulation) Act,1956 levying various fees and other
charges, conducting necessary research for above purposes and performing such other
functions as may be prescribes from time to time.
The capital market had witness a heavy growth during 1980’s. This ever expending
investor population and market capitalization led to variety of malpractices on the part
of companies, brokers merchant brokers, investment consultants involved in
Securities Market. Such malpractices and unfair practices have eroded investor
confidence and multiplied investor grievances. The example of malpractices include
existence of self-styled merchant bankers, unofficial private placement, rigging of
prices unofficial premium in new issues, non-adherence of provisions of the
companies act, violation of rules and regulation of stock-exchange listing
requirements, delay in delivering shares etc.
SEBI as the watchdog of the industry has an important and crucial role in the market
in ensuring that the market participants perform their duties in accordance with the
regulatory norms.
1.1 History:
The structure and processes of the SEBI have been developed over the year. In 1602
when Amsterdam stock exchange was admitted by the East India Company for
dealings in it’s own securities the establishment of the native share and stock Brokers
Association (now remand as Bombay Stock Exchange) in 1875 in the existing India
undoubtedly marked a beginning of the stock exchange in India despite being the first
ever stock exchange in Asia. The earliest legislative efforts to regulate the securities
market in India was made by the Bombay Securities Contracts Act 1925, which was
to regulate and control certain contracts acts for purchase and sale of securities in the
city of Bombay.
Securities and Exchange Board of India (SEBI) was first established in the year 1988
AQF as a non-statutory body for regulating the securities market. It became an
autonomous body by The Government Of India on 12th May 1992 and given statutory
powers in 1992 with SEBI Act 1992 being passed by the Indian Parialment.
SEBI was a non-statutory body without any statutory power. However, in 1992, the
SEBI was given additional statutory power by the Government of India through an
amendment to the Securities and Exchange Board of India Act, 1992. In April 1988
the SEBI was constituted as the regulator of capital markets in India under a
resolution of the Government of India.
SEBI or the Securities and Exchange Board of India was first established as a no-
statutory body in the year 1988. It was established with the aim to regulate the Indian
securities and capital markets. SEBI gained statutory powers and was declared an
autonomous body when the SEBI Act of 1992 was passed by the parliament on 30th
January 1992.
Before SEBI, the Indian financial markets were regulated by the Controller of Capital
Issue which was established under the Capital Issues Act of 1947.
Under the SEBI Act, 1992, the SEBI has been empowered to conduct inspection of
stock exchanges. The SEBI has been inspecting the stock exchanges once every year
since 1995-96. During these inspections, a review of the market operations,
organizational structure and administrative control of the exchange is made to
ascertain whether:
During the year, renewal of recognition was granted to three stock exchanges. The
renewal of recognition to Saurashtra - Kutch Stock Exchange was renewed for a
further period of one year only as the exchange failed to rectify the deficiencies
pointed out in the inspection report and renewal of recognition of Jaipur Stock
Exchange was granted only for a period of one year as the exchange has not started
Screen Based Trading. The renewal of recognition of Vadodara stock Exchange was
granted for a further period of three years.
During the year 1997-98,inspection of stock exchanges were carried out with a special
focus on the measures taken by the stock exchanges for investors protection. Stock
exchanges were, through inspection reports, advised to effectively follow-up and
redress the investors’ complaints against members/listed companies. The stock
exchanges were also advised to expedite the disposal of arbitration cases within four
months from the date of filing.
In December 1996, the SEBI had taken a policy decision, in public and trade interest,
that grant of recognition to new stock exchanges would be considered subject to
fulfillment of the following conditions:
The exchange would begin trading only after introduction of On-Line Screen
Based Trading
The exchange makes rules, regulations and bye-Laws with adequate
provisions for investor protection, with the approval of the SEBI and thereafter
strictly follows them
The exchange establishes a Clearing House within 6 months from the date of
recognition
The SEBI received several applications for recognition of new stock exchanges. As
on April 01, 1997, the number of such pending applications/representations for new
stock exchanges was 6. During the current year 1997-98, 4 new applications were
received. Out of a total of 10 applications/representations, 3 were closed and 2 were
granted ‘in-principle recognition’ during the year 1997-98. As on March 31, 1998,
only 5 applications were pending which are under consideration of the SEBI.
SEBI Guidelines means Securities and Exchange Board of India (Share Based
Employee Benefits and Sweat Equity) Regulations, 2021 or as amended from time to
time. SEBI Guidelines means the rules and regulation by the Securities and Exchange
Board of India, as applicable to the Company from time to time.
SEBI also has to adhere to a list of SEBI guidelines, pertaining to areas such as:
These regulations helped with the issues related to capital and disclosure by
improving the trading in securities of the listed companies and investors in India.
These regulations introduced new provisions for prohibiting the insider training of
securities and tries to protect the laws for lawful and fair trading in India.
These provisions were a reminder of the clauses which mainly dealt with the
mandatory compliances to be made between the stock exchange of India and the listed
companies.
1.3 Functions Of SEBI
SEBI basically protects the interest of the investors in the security market, promotes
the development of the security market and regulates the business. The functions of
the Security and Exchange Board of India can primarily be categorized into three
parts:
Protective Function
These functions are performed by SEBI to protect the interest of investor and provide
safety of the investment Protective functions are used to protect the interest of
investors and other financial participants. These functions are:
Price rigging refers to manipulating the prices of securities with the main
objective of inflating or depressing the market price of securities. SEBI
prohibits such practice because this can defraud and cheat the investors.
The malpractices which create unreasonable fluctuations in the price of the
securities with the help of increasing or decreasing the market price of
stocks which results in an immense loss for the investors or traders are
known as price rigging. To prevent price rigging, SEBI keeps active
surveillance on the factors which can promote price rigging.
SEBI does not allow the companies to make misleading statements which
are likely to induce the sale or purchase of securities by any other person.
SEBI established rules and regulations and a certain code of conduct in the
securities market to restrict fraudulent and unfair trade practices.
Regulatory functions are generally used to check the functioning of the financial
business in the market. They establish rules to regulate the financial intermediaries
and corporates for the efficiency of the market. These functions are:
SEBI has framed rules and regulations and a code of conduct to regulate the
intermediaries such as merchant bankers, brokers, underwriters, etc.
These intermediaries have been brought under the regulatory purview and
private placement has been made more restrictive.
SEBI registers and regulates the working of stock brokers, sub- brokers, share
transfer agents, trustees, merchant bankers and all those who are associated
with stock exchange in any manner.
Development Functions
The development functions are the steps taken by SEBI to improve the security of the
market through technology. The functions are:
The even initial public offer of primary market is permitted through the stock
exchange.
Quasi-Judicial
SEBI is allowed to conduct hearings and can pass judgments on unethical cases and
fraudulent trade practices. This feature of SEBI helps to protect transparency,
accountability, reliability, and fairness in the capital market.
Quasi-Legislative
SEBI is allowed to draft legislatures with respect to the capital market. SEBI drafts
rules and regulations to protect the interests of the investors. For eg: SEBI LODR or
Listing Obligation and Disclosure Requirements. This helps in consolidating and
streamlining the provisions of existing listing agreements for several segments of the
financial market like equity shares. This helps in protecting the market from
malpractices and fraudulent trading activities happening at the bay.
Quasi-Executive
SEBI covers the implementation of the legislation. They are allowed to file a
complaint against any person who violates their rules and regulations. They also have
the power to inspect all the books and records to check for wrongdoings.
1.5 Features And Regulations Of The Act
The Third Chapter is the transfer of assets, liabilities, etc. of the existing
Security and Exchange Board to the Board, which means it declares the
provisions to be used to transfer the assets in the case of the formation of a
new board.
The Fourth Chapter is the powers and functions of the Board. This chapter
helps in mentioning the powers and functions of the board which are given
by the Act. The Board is bound to follow the instructions given by the act
and is not allowed to exploit their powers.
The Seventh Chapter miscellaneous, which discusses other topics that are
relevant to the board and the market. To help the board from avoiding
mistakes.
The laws and regulations of the Security and Exchange Board of India are very
important and must be followed seriously by the people who are entitled or registered
with the stock exchange and capital market of India. The SEBI Act, 1992 is the
supreme power of the securities market of India and has the authority to make laws
and regulations. And these rules and regulations are applied to all the listed
companies, their board of directors, key managerial personnel of such companies,
investors, and all the other companies who are associated with the security market
sector.
The Preamble of the SEBI Act, 1992 provides that SEBI came into force to cover two
objectives:
All the provisions and regulations are made to achieve their goal of improving the
market and to reach their goal. SEBI acts like a mini-state as it works includes
executive, judiciary and legislature. Section 11 of the SEBI Act allows the board to
work on its objective.
SEBI Controls:
SEBI is India’s capital market regulator and is trying to benefit the investors by:
Hedging
SEBI helped the market participants by consolidating their settlement functions at a
single clearing meeting and by reducing the effective trading cost for investors. The
board improved the market by allowing the contributions of the foreign participants
through certain background checks before entering the Indian Market.
The SEBI is the regulatory authority established under Section 3 of SEBI Act 1992 to
protect the interests of the investors in securities and to promote the development of,
and to regulate, the securities market and for matters connected therewith and
incidental thereto.
Issuers are the group that works in the corporate department to easily raise funds from
the various sources of the market. So, SEBI helps the issuers by providing them a
healthy and open environment to work efficiently.
Investors
The investors are the soul of the market as they keep the market alive by providing
accurate supplies, correct information, and protection to the people on a daily basis.
SEBI helps investors by creating a malpractice free environment to attract and protect
the money of the people who invested in the market.
Financial Intermediaries
The intermediaries are the people who act as middlemen between the issuers and the
investors. SEBI helps in creating a competitive professional market which gives a
better service to the issuers and the investors. They also provide efficient
infrastructure and secured financial transactions.
Two members who are selected from the officers of the Union Finance
Ministry.
The other five members are appointed by the Union Government of India,
out of five three must be whole-time members.
Dr. S.A. Dave was the first Chairman of SEBI who was appointed on 10th April
1988. Madhabi Puri Buch is the present Chairman appointed on 1 st March 2022,
replacing Ajay Tyagi, whose term ended on 28th February 2022. Madhabi Puri Buch is
the first woman chairperson of SEBI.
The Securities and Exchange Board Of India (SEBI) was established in 1988. It got a
legal status in 1992. SEBI was primarily set up to regulate the activities of the
merchant banks, to control the operations of mutual funds, to work as a promoter of
the stock exchange activities and to act as a regulatory authority of new issue
activities of companies. The SEBI was set up with a fundamental objective, to protect
the interest of investors in securities market and for matters connected therewith or
incidental thereto.
With the announcement of their forms package in 1991, the volume of business in
both the primary and secondary segment of the capital market has been increased
enormously till now. A multicore securities scam rocked the Indian Financial System
in 1992 (Harshad Mehta Scam). Then existing regulatory framework was found to be
fragmented and inadequate and hence, a need for an autonomous, statutory, and
integrated organization to ensure the smooth functioning of capital market was felt To
fulfill this need, the Securities and Exchange Board of India (S.E.B.I), which was
already inexistence since April 1988, was conferred statutory powers to regulate the
capital market.
The SEBI got legal teeth through an ordinance issued on 30th January 1992. The
ordinance conferred wide ranging powers on the SEBI, including the authority to
prohibit insider training and regulate substantial acquisition of shares and takeover of
businesses. The function of market development includes containing risk; board
basing, maintaining market integrity and promoting long-term investment. The SEBI
Act, 1992 which establishes the SEBI with four-fold objectives of protection of the
interest of investors insecurities, development of the securities market, regulation of
the securities market and matters connected there with and incidental thereto.
The Securities and Exchange Board of India (SEBI) regulate the capital market i.e…,
the market for equity and debt securities. The SEBI has full autonomy and authority
to regulate and develop the capital market. The government has framed rules under
the securities contracts (regulation) Act (SCRA), the SEBI Act and the Depositories
Act.
The SEBI has framed regulations under the SEBI Act and the Depositories Act for
registration and regulation of all market intermediaries, for prevention of unfair trade
practices, and insider trading. As everyone could know that these i.e. the Government
and the SEBI issue notifications, guidelines and circulars which need to be complied
with by market participants. All the rules and regulations are administered by the
SEBI.
During the fall of the 1970s and the rise of the 1980s, the people of India were
preferring to work in the Capital Market as the market was trending. Without any
authority, problems like unofficial private placements, the rigging of prices, unofficial
self-styled merchant bankers started violating the rules and regulations of the stock
exchange which caused delays in the delivery of shares.
The Government felt an immediate need to establish a regulatory body to regulate its
working and to find solutions for all the problems the market was going through, as
the people were losing interest in the market. This led to the establishment of the
Security and Exchange Board of India.
With effect from such date as the Central Government may, by notification,
appoint, there shall be established, for the purposes of this Act, a Board by the
name of the Securities and Exchange Board of India.
A Chairman
The Chairman and members referred to in clauses (a) and (d) of sub-section
(1) shall be appointed by the Central Government and the members referred to
in clauses (b) and (c) of that sub- section shall be nominated by the Central
Government and the Reserve Bank] respectively.
The Chairman and the other members referred to in clauses (a) and (d) of sub-
section (1) shall be persons of ability, integrity and standing who have shown
capacity in dealing with problems relating to securities market or have special
knowledge or experience of law, finance, economics, administration or in any
other discipline which, in the opinion of the Central Government, shall be
useful to the Board.
Investigation
Any intermediary or any person associated with the securities market has
violated any of the provisions of this Act or the rules or the regulations made
or directions issued by the Board thereunder It may, at any time by order in
writing, direct any person (hereafter in this section referred to as the
Investigating Authority) specified in the order to investigate the affairs of such
intermediary or persons associated with the securities market and to report
thereon to the Board.
Save as otherwise provided in this section, every search or seizure made under
this section shall be carried out in accordance with the provisions of the Code
of Criminal Procedure, 1973(2 of 1974), relating to searches or seizures made
under that Code.
If the Board finds, after causing an inquiry to be made, that any person has violated,
or is likely to violate, any provisions of this Act, or any rules or regulations made
thereunder, it may pass an order requiring such person to cease and desist from
committing or causing such violation:
Provided that the Board shall not pass such order in respect of any listed public
company or a public company (other than the intermediaries specified under section
12) which intends to get its securities listed on any recognized stock exchange unless
the Board has reasonable grounds to believe that such company has indulged in
insider trading or market manipulation.
Provided that a person buying or selling securities or otherwise dealing with the
securities market as a stock- broker, sub-broker, share transfer agent, banker to an
issue, trustee of trust deed, registrar to an issue, merchant banker, underwriter,
portfolio manager, investment adviser and such other intermediary who may be
associated with securities market immediately before the establishment of the Board
for which no registration certificate was necessary prior to such establishment, may
continue to do so for a period of three months from such establishment or, if he has
made an application for such registration within the said period of three months, till
the disposal of such application.
Provided that a person buying or selling securities or otherwise dealing with the
securities market as a depository, custodian of securities, foreign institutional investor
or credit rating agency immediately before the commencement of the Securities Laws
(Amendment) Act, 1995, for which no certificate of registration was required prior to
such commencement, may continue to buy or sell securities or otherwise deal with the
securities market until such time regulations are made under clause (d) of sub-section
(2) of section 30
Use or employ, in connection with the issue, purchase or sale of any securities
listed or proposed to be listed on a recognized stock exchange, any
manipulative or deceptive device or contrivance in contravention of the
provisions of this Act or the rules or the regulations made thereunder.
When it comes to stock exchanges, SEBI has the power to regulate and approve any
laws related to functions in the stock exchanges.
It has the powers to access the books of records and accounts for all the stock
exchanges and it can arrange for periodical checks and returns into the workings of
the stock exchanges.
It can also conduct hearings and pass judgments if there are any malpractices detected
on the stock exchanges.
When it comes to the treatment of companies, it has the power to get companies listed
and de-listed from any stock exchange in the country.
It has the power to completely regulate all aspects of insider trading and announce
penalties and expulsions if a company is caught doing something unethical.
It can also make companies list their shares in more than one stock exchange if they
see that it will be beneficial to investors.
SEBI has wide powers regarding the stock exchanges and intermediaries dealing in
securities. It can ask information from the stock exchanges and intermediaries
regarding their business transactions for inspection or scrutiny and other purpose.
SEBI has a power to initiate actions in regard to functions assigned. For example, it
can issue guidelines to different intermediaries or can introduce specific rules for the
protection of interests of investors.
SEBI has power to regulate insider trading or can regulate the functions of merchant
bankers.
Under section 14 SEBI or any officer authorized by it in this behalf can serve a copy
of order made by it on the concerned person through its officers and also attach their
property pending disposal of any proceedings under the Act.
In terms of Section 19, SEBI may appoint its officers, employees and others as
deemed necessary for the discharge of functions under the Act. It can also co-opt any
officer of Government or Law enforcement agency as an officer of SEBI.
The Board may, with the previous approval of Central Government, by notification in
Official Gazette, make rules consistent with the Act for carrying out the purposes of
the Act. These rules are called ‘Securities and Exchange Board of India (Futures
Trading) Regulations, 2004’.
Under Section 21 SEBI may grant sanction to commence any proceedings before
Appellate Tribunal or it even by itself -for sanctioning prosecution under the Act. It
keeps a comprehensive record of all proceedings before it.
Recovery of dues:
Under Section 28 the Board has been given the power to recover from any person any
sum which he is liable to pay under this Act and any other sum payable by him under
this Act or rules made thereunder. The Board may file a suit for recovery in a Civil
Court. The Civil Court will not have Jurisdiction to entertain any suit instituted for
recovery of money due to SEBI, without the previous sanction of SEBI.
Under Section 30(1) the Board has been given powers and functions as are
exercisable by a civil court under the Code of Civil Procedure, 1908 (5 of 1908) in
respect of the following matters, namely:
(a) Summoning and enforcing the attendance of any person
(b) requiring discovery and production of any document;
(c) receiving evidence on affidavits;
Section 30 (2-A) provides for attachment proceedings under the Code. Under Section
30 (3) the Board has been empowered to issue a search warrant and if it considers it
necessary so, for compelling the attendance of any person.
In 1988, the Securities and Exchange Board of India (SEBI) was established to
regulate the securities market's activities. It encourages the stock market to develop in
an orderly and healthy manner. However, SEBI did not previously have total authority
over stock market transactions. It was merely left as a watchdog to keep an eye on
things but was powerless to control or regulate them. Because of this, SEBI received
legal character in May 1992 and is now a body corporate with a distinct legal
existence and perpetual succession.
As the volume of stock market transactions increased, so did the number of stock
market frauds, including price rigging, share delivery delays, and violations of stock
exchange laws and regulations. The existence of these unethical actions caused
customers to lose trust and confidence in the stock market. As a result, the Indian
government decided to create SEBI, a regulating body or agency.
The Indian securities market has a history of nearly 150 years. However, the modern
era in the Indian securities market and its transformation began with the economic
reforms in the early 1990s when the government initiated a systemic shift to a more
open economy with greater reliance on market forces in which the private sector
began to play an important role. The Indian securities market gained greater
importance and the SEBI Act, 1992 established the Securities and Exchange Board of
India (SEBI) as a statutory authority to oversee the securities market in India. SEBI is
mandated with three principal objectives:
In response to the growing securities market in India, SEBI as a regulator has been
making continuous efforts to meet the changing requirements and fulfil the mandated
objectives. Due to consistent efforts, today, SEBI has evolved standards of
transparency and accountability. It follows a consultative approach while framing
regulations and adheres to the principles of natural justice in all its enforcement
actions. Among others, some of the important measures taken by SEBI include:
As a part of the continuous efforts by SEBI, recently a decision has been taken by
SEBI to widen its reach by opening Regional Offices and Local Offices at the State
Capitals. To begin with, SEBI is planning to open Local Offices in 3 cities namely,
Guwahati, Hyderabad and Lucknow.
In addition to the above, SEBI has set up an International Advisory Board to assess
the trends in global markets and to guide the activities towards meeting the emerging
challenges and organizing a Brain Storming Program to develop medium and long
term roadmap for SEBI.
In this context, SEBI has decided to revisit its organizational capabilities to meet the
needs of the dynamic market environment and thereby developing a structured
mechanism to plan ahead, implement new measures, evaluate them and continuously
review and update the same.
Dematerialisation Of Shares :-
Demat of shares has been introduced in all the shares traded on secondary
stock markets as well as those issued to public in primary markets. Even bonds
and debentures are allowed in demat form.
However, following the withdrawal of this restriction, the companies have an option
to choose from any one of the existing stock exchanges in India to list their securities.
Due to the earlier regulation requiring companies to get listed first at the regional
stock exchange, there are in all 23 exchanges operating today in the country. With the
increased application of information technology, the trading platforms of all the stock
exchanges are accessible from anywhere in the country through their trading
terminals.
SEBI’s efforts are to create effective surveillance mechanism for the securities
market, and encourage responsible and accountable autonomy on the part of all
players and observe the rules of the game. Throughout its 27year existence as a
statutory body, SEBI has sought to balance the two objectives by constantly
reviewing and reappraising its existing policies and programmes, formulating new
policies and crafting new regulations in areas hitherto unregulated, and implementing
them to ensure growth of the market.
Dematerialisation has pushed the process further. SEBI has taken several steps
for the smooth-cum-speedy development of both primary and secondary
markets from time to time for the development of all areas.
The SEBI has introduced an array of reforms in the primary and secondary
markets and catalysed modernization of the market infrastructure to prepare
the market for the twenty-first century. Computerised trading has led to
reduction in the scope for price-rigging and manipulation, since a paper trail
can easily lead the regulators now to the doorsteps of the guilty.
SEBI has many powers for stopping fraud in capital market. It can ban on the
trading of those brokers who are involved in fraudulent and unfair trade
practices relating to stock market. It imposes the penalties on capital market
intermediaries if they involve in insider trading.
The development of mutual funds was given a major impetus, with the
revision of mutual funds regulations which now provide greater operational
flexibility to the fund managers and increase their accountability and
supervision. Recently, it has introduced KYC norms and not charging on any
entry-load on investments made by investors on NFOs or on any existing
schemes. SEBI is trying its level best for availability of ULIPs at very normal
and cheaper rates.
SEBI uses his powers to audit the performance of different Indian stock
exchange for bringing transparency in the working of stock exchanges.
Primary Market
The primary market is the part of the capital market that deals with issuing of new
securities. Companies, governments or public sector institutions can obtain funds
through the sale of a new stock or bond issues through primary market. This is
typically done through an investment bank or finance syndicate of securities dealers.
The process of selling new issues to investors is called underwriting. In the case of
a new stock issue, this sale is an initial public offering (IPO). Dealers earn a
commission that is built into the price of the security offering, though it can be found
in the prospectus. Primary markets create long term instruments through which
corporate entities borrow from capital market. Once issued the securities typically
trade on a secondary market such as a stock exchange, bond market or derivatives
exchange. a stock exchange, bond market or derivatives exchange.
IPO spending
Offer for Sale conditions
Monitoring of funds raised through IPO
Lock-in period for Anchor investors
Changes to preferential issues
Changes to IPO allocation norms
Other Primary Market and Secondary Market changes
IPO Spending
Companies filing their Draft Red Herring Prospectus (DRHP) for an IPOwill have
more flexibility with capital allocations. SEBI has announced that for companies
aiming for inorganic growth through mergers and acquisitions but have not identified
a target, 25% of the raised amount can be used for the same. Further, a 35% quota has
been granted for general corporate purposes and inorganic growth combined.
On the other hand, if the company has identified its strategic investment opportunity,
no limits will be applied.
The majority shareholders, who hold more than 20% of the pre-issue shareholding,
can sell only up to half of their shareholding when going public. If they own below
20%, the limit to sell is set up to 10% shareholding in IPO via OFS (Offer for Sale).
As part of its primary changes, SEBI has permitted Credit Rating Agencies to monitor
the utilisation of funds raised through IPO. They need to submit the quarterly report to
the audit committee on the fund utilisation. At present, Scheduled Commercial Banks
have this responsibility. The credit rating agencies will also monitor funds raised for
general corporate purposes until the last rupee is used.
Starting April 1, 2022, the lock-in period for anchor investors has been extended. The
current 30-day lock-in period will be applicable for 50% of the shares they own. The
remaining 50% will have to be held for a minimum of 90 days.
The lookback period to set the floor price for preferential shareshas been shortened to
60 days from the current 26 weeks, on the other hand, the lock-in period for
promoters has been cut down to 18 months from three years. The lock-in period has
been set to 6 months from one year for other investors.
SEBI revised the allocation norms for non-institutional investors (NII). Now, two-
thirds of the NII quota will be reserved for those investors applying for more than Rs.
10 lakh in the IPO. Rest will be available for those whose bidding value will be
between Rs. 2 lakh to Rs. 10 lakh.
Apart from these, SEBI has also introduced a minimum price band of at least 105% of
the floor price for all book building issues. In addition, SEBI has introduced some
significant changes in mutual funds. When a mutual fund scheme wants to wind up
prematurely, most of the trustees and unit holders will have to grant their approval for
the same. The vote results have to be published within 45 days after the winding-up
announcement has been published. If the votes are against winding up, the scheme
will continue.
Entry Norms
Promoter’s Contribution
Disclosure
Book Building
Allocation of Shares
Market Intermediaries
Entry Norms :-
Track record of dividend payment for minimum 3 years preceding the issue. Already
listed companies - when post-issue net worth becomes more than 5 times the pre-issue
net worth. For Manufacturing company not having such track record – appraise
project by a public financial institution or a scheduled commercial bank. For
corporate body – 5 public shareholders for every Rs.1 lakh of the net capital offer
made to the public Banks – 2 years of profitability for issues above par.
Promoters’ contribution :-
Disclosure: -
o Draft prospectus
o Un audited financial results
Book building: -
Allocation of shares:-
Market intermediaries:-
The Securities and Exchange Board of India (SEBI) govern the rules, regulations and
procedures relating to public issues in India. Any company going public in India
should get approval from SEBI before opening its IPO. Issuer company's lead
managers submit the public issue prospectus to SEBI, provide clarification, make
changes to the prospectus suggested by SEBI and get it approve. In simple words
SEBI validate the IPO prospectus and make sure all the declaration made in this
document are correct and also make sure that document has enough information to
help investors to take decision before applying shares in an IPO.
Secondary Market
The ‘secondary market’, also called the aftermarket, is the financial market in
which previously issued financial instruments such as stock, bonds, options,
and futures are bought and sold. Another frequent usage of ‘secondary market’ is to
refer to loans which are sold by a mortgage bank to investors such as Fannie
Mae and Freddie Mac.
The term ‘secondary market’ is also used to refer to the market for any used
goods or assets, or an alternative use for an existing product or asset where the
customer base is the second market (for example, corn has been traditionally used
primarily for food production and feedstock, but a ‘second’ or ‘third’ market has
developed for use in ethanol production).
The secondary market for a variety of assets can vary from loans to stocks, from
fragmented to centralized, and from illiquid to very liquid. The major stock exchanges
are the most visible example of liquid secondary markets - in this case, for stocks of
publicly traded companies. Exchanges such London Stock
Exchange and NASDAQ provide a centralized, liquid secondary market for the
investors who own stocks that trade on those exchanges. Most bonds and structured
products trade “over the counter” or by phoning the bond desk of one’s broker-dealer.
Loans sometimes trade online using a Loan Exchange.
Governing board
Infrastructure
Settlement & clearing
Debt market
Price stabilization
Delisting
Brokers
Insider Trading
Governing board:-
Infrastructure:-
o Weekly settlements.
o Auctions for non-delivered shares within 80 days of settlement.
o Advice to set up clearing houses, clearing corporation or settlement guarantee
fund.
o Warehousing facilities permitted by SEBI.
Price stabilization:-
Delisting:-
SEBI has also been instrumental in taking quick and effective steps in light of the
global meltdown and the Satyam fiasco. In October 2011, it increased the extent and
quantity of disclosures to be made by Indian corporate promoters. In light of the
global meltdown, it liberalised the takeover code to facilitate investments by
removing regulatory structures. In one such move, SEBI has increased the application
limit for retail investors to ₹ 2 lakh, from ₹ 1 lakh at present.
The roles and achievements of SEBI.
7. Internet Trading:
SEBI has allowed internet trading under Order Routing System (ORS) through
registered stock brokers on behalf of clients. It has thus facilitated investors to buy
and sell shares through the internet on their computers. It is a major advancement in
trading shares at stock exchanges in India.
8. Derivatives Trading:
With the introduction of derivatives trading in securities, the secondary market has
been modernised. There is the cash market, the forward market and the badla system.
9. Solving Investors’ Complaints:
SEBI has set up a separate cell where complaints received from the investors are
attended to. According to SEBI, more than 2 lakh investors complain against
companies every year regarding transfers, non-receipt of share certificates, dividend,
interest on debentures, etc. It is able to solve about 90% of them. SEBI hopes to
remove such complaints with more shares coming under the demat form.
10.Safety Measures:
SEBI has adopted a number of measures to safeguard the interests of investors.
Companies have been directed to call for the bank account number of a
share/debenture holder and mention it on the dividend/ interest certificate or deposit it
direct in his bank account.
It has guided stock exchanges in setting up Investor Protection Fund and Trade
Guarantee Fund to safeguard the interests of investors. Further, it has set up the
Clearing Corporation for Trade Settlements. Further, it has made it obligatory for the
broker to make the payment within 21 days even if there is a bad delivery. Thus an
investor cannot lose his money.
11.Circuit-Breaker System:
SEBI has introduced a circuit-breaker system based on the market volatility of
individual stocks. According to this system, if market volatility in a stock crosses a
certain limit, the trading in this stock is stopped for a few days so that speculators may
not take undue advantage. This is a better system than the American circuit- breaker
system which is related to the index of stocks. The New York Stock Exchange is
closed even for half- an-hour or more whenever the market volatility crosses the index
limit. Thus SEBI has developed a better circuit-breaker system whereby there is no
need to close the stock exchange.
CHAPTER 2
Research Methodology:
Research methodology is considered as the nerve of the field work or any project.
Without proper well organized research plan, it is impossible to complete the project
and reach to any conclusion.
The project was based on the survey plan. The main objective of survey was to
collect appropriate data, which work as a box for drawing conclusion and getting
result. Therefore, research methodology is the way to systematically solve the search
problem.
Research methodology not only talks of the methods but also logic behind the
methods used in the context of a research study and it explains why a particular
method has been used in the preference of the other methods.
Exploratory research includes the reviewing and analysis of the articles, research
papers, interviews and other published information in order to gain a
deeper understanding of the prevailing scenario.
Also, the statistical tools and techniques which are used to analyze the data have
been discussed. Indian banking sector tremendously moving towards Digitalization.
Payments Banks (PBs) are making remarkable contribution towards the achievements
of objective of financial inclusion.
These banks focus on reaching towards small merchants and low-income group of
people. Even though RBI has taken many initiatives to reach all the sectors of people,
to make India, a cashless economy, the complete knowledge about banking services is
very much essential for the people. The research methodology under the present study
is summarized below:
This study was mainly planned to evaluate the performance of SEBI, relating to
supervision of securities market of various intermediaries registered with SEBI., and
to know what kind of Investor Protection measures taken by SEBI for the benefit to
safeguard the interest of investors in India since 1992.
To know the investor protection measures taken by SEBI since its inception.
The literature reviews taken for the study are primarily from India. The studies varied
from usage studies to behavioural studies. These were analyzed for the main results.
This is mainly restricted to studies of SEBI.
This study will cover all the main points which is needed for understanding
the topic.
The scope of study is to get the first-hand information on the topic Role Of
SEBI Development In Indian Stock Market.
The geographical scope of study is limited to areas of Mumbai Division,
which includes Suburban area.
The study attempts to generalize the work done by SEBI as seen from its
perspective to the whole of the Capital Market in India.
The primary data for market intermediaries and investors is collected from one
investment zone.
The security Exchange and Board of India was established by the government of
India on 12 April 1988 an interim administrative body to promote orderly and healthy
growth of the securities market and to protect investor’s rights. It is functioning under
administrative control of Ministry of Finance. The SEBI was given statutory status on
30th January 1992 through and ordinance, later it was replaced by an act of
parliament, Securities and Exchange Board of India Act, 1992.
As per the SEBI act, 1992, the power and functions of the Board encompass the
regulation of Stock Exchanges and other securities markets, registration and
regulation of the working stock brokers, sub-brokers, bankers to an issue (a public
offer of capital), trustees of trust deeds, registrars to an issues, merchant bankers,
under writers, portfolio managers, investment advisors and such other intermediaries
who may be associated with the stock market in any way; registration and regulations
of mutual funds, promotion and regulation of self-regulatory organizations,
prohibiting Fraudulent and unfair trade practices and insider trading in securities
markets, regulating substantial acquisition of shares and takeover of companies,
calling for information from, undertaking inspection, conducting inquiries and audits
of stock exchanges, intermediaries and self-regulatory organizations of the securities
market, performing such functions and exercising such powers as contained in the
provisions of the Capital Issues (Control) Act,1947.
SEBI has its head office in Mumbai and it has now set up regional offices in the
metropolitan cities of Kolkata, Delhi, and Chennai. The Board of SEBI comprises a
Chairman, two members from the central government representing the ministries of
finance and law, one member from the Reserve Bank of India and two other members
appointed by the central government.
The present study is exploratory and descriptive in nature. The present study focused
on people’s awareness and satisfactions towards stock market and services provided
by the SEBI.
It is related to primary and secondary data which is collected with the help of well
drafted and pre-tested questionnaire. Appropriate statistical method and techniques
are adopted.
The reason for choosing this type of data is, qualitative research provides insights and
understanding of problems setting while quantitative research seeks to quantify the
data and typically applies some form of statistical analysis.
Primary Data :
To collect primary data, the study employed survey method because data are collected
from large number of respondents. The primary data is collected with the help of
structured questionnaire.
Secondary Data :
The present study is based on secondary data. Annual reports of various payments
banks; national and international Journals, Bulletins, Periodicals and newspapers
devoted to the subject of banking in India are also retrieved.
In addition to this, statistical data was also collected from website of the Reserve
Bank of India.
It is also a time-convenient and a cost-effective method and hence forms the basis of
any research design. Sampling techniques can be used in a research survey software
for optimum derivation.
SAMPLING
Sampling unit
The target population must be defined that has to be sampled. The sampling unit of
research included students and professionals residing in Mumbai city.
Sample size
Questionnaire
This is the most popular tool for the data collection. Researcher designed
questionnaire according to the topic and objective of the research project, researcher
used two type questionnaire methods into data collection, i.e.
Dichotomous
i. Multiple Questions
Multiple questions researcher used because many options in this kind of
questions and easy for getting response from respondent. Researcher used 16
multiple questions. Questions of this type offer the respondents an alternative to
choose the right answer among others. It is faster, time saving and less biased.
It’s also simplifies the tabulating process.
ii. Dichotomous
Dichotomous question very simple and any one can able to answer that particular
question teenage, young and old. Two dichotomous questions used in this
project. These are the question which are Boolean in nature. These answers are
straightforward and respondent have to answer them in a straight way. That
means the answer can only be either ‘Yes’ or ‘No’.
To analyze the data obtained with the help of questionnaire, following tools were
used.
1. Likert scale:
These consist of a number of statements which express either a favorable or
unfavorable attitude towards the given object to which the respondents are asked
to react. The respondent responds to in terms of several degrees of satisfaction or
dissatisfaction.
LITERATURE REVIEW
In this chapter, an effort has been made to review the literature available on the
subject to present an overview of the various aspects and issues of the present
research study. The existing information and knowledge on the subject not only helps
to form the necessary background for this research project, but also enables to identify
the gap in the research area. Though a number of studies on various aspects of
securities market are available, yet, limited literature on investor protection and
grievance redressal mechanism is available and that too from a different prospective.
The review of various research studies conducted both in India and abroad has been
covered under the following sub-headings:
Investor Protection
Grievance Redressal Mechanism for Retail Investors
Investor Education
Corporate Governance and Disclosures norms
Investor psychology and sentiments
Market Manipulation
Regulatory framework & Role of Regulator in Securities
Market.
Jain (1999) In his study on restructuring capital market observed that the agenda
for further reforms of capital market in India broadly comprise the developments in
the debt market, revival of equity markets and improved disclosures and corporate
governance standards, reforms in insurance and pension funds to enable flow of funds
to infrastructure and the emergence of financial derivatives and risk management
products.
Gupta and Biswas (2006) examines the development and efficiency of Indian
capital market during the post liberalization period and conducted that the process of
reforms has led to a pace of growth of Indian stock market a most unparalleled in the
history of any country. Ironically, this market suffers from the menace of over
speculation and excessive price fluctuations, which are in fact fiercer than many of its
counterparts. These vices are sufficient to defeat at basic purpose of financial
liberalization where the society in effect authorizes the financial systems to mobilize
and allocate resources.
Juhi Ahuja (2012) presents a review of Indian Capital Market & its structure. In
last decade or so, it has been observed that there has been a paradigm shift in Indian
capital market. The application of many reforms & developments in Indian
capital market has made the Indian capital market comparable with the international
capital markets. However, the market has witnessed its worst time with the recent
global financial crisis that originated from the US sub-prime mortgage market spread
over to the entire world as a contagion. The capital market of India delivered as
sluggish performance.
Michal Parness, Founder & CEO, Investors don’t make money in the market.
The reason the institutions make money is that investors are trading, every time they
buy or sell.
Thus, the need for Intermediaries Rating Services in view of the development is
taking place in the capital markets and requires constantly upgradation and
improvement in the systems and procedures in operation. Besides compliance with
regulatory requirements, it has assumed significance to mitigate risk and ensure
protection of investor’s interest.
Rating objectives benefits the entity to brand its image and capitalize the same to
generate more business by accruing benefits to all of its stakeholders comprising
investors, stock brokers, regulators and others who will be benefited from the
transparency and consequential focus on efficiency.
Organization structure
Financials
History/ background of firm
Sabarinathan Ganapathisubramani
Since the empowerment of the Securities and Exchange Board of India (SEBI)
through an Act of Parliament in 1992, SEBI has come up with a number of initiatives
aimed at regulating and developing the Indian securities market and improving its
safety and efficiency. These initiatives have made an impact on nearly every aspect of
the market. Some of those initiatives have transformed the market fundamentally.
Particularly net worthy is the growth in the following: • Market capitalization •
Number of listed firms • Trading volumes and turnover both in the spot and futures
markets. There is a growing network of financial intermediaries that operate in a
highly competitive environment while being governed by a tight set of norms. India
has one of the most sophisticated new equity issuance markets. Disclosure
requirements and the accounting policies followed by listed companies for producing
financial information are comparable to the best regimes in the world.
The Indian securities market is among the safest and the most efficient trading
destinations internationally. The Indian corporate governance code is compared to the
Sarbanes Oxley Act of the USA. India has one of the fastest growing and well-
developed asset management businesses in the world, with state- owned as well as
private sector players. That said, the Indian market is often hostage to some scam or
the other from time to time. Effective enforcement of compliance is cited as one of the
reasons for these unsavoury episodes. The role that SEBI’s initiatives have played in
bringing about this transformation of the market has not been researched
comprehensively so far.
Literature that has analysed the efficiency and the design of the Indian securities
market has examined the role of certain specific regulatory provisions on the
functioning of the securities market. So also the various annual reports of SEBI
discuss the regulatory and other institutional developments that took place during the
year under review. However, no attempt seems to have been made to take stock of all
the various initiatives of SEBI so far and assess its impact on the activity in the
securities market. This paper identifies some of the major interventions of SEBI
relating to each of these aspects of the market and critically examines the economic
consequences of the same. Such a stock-taking will enable a well-rounded and
objective review of SEBI’s performance. It is also likely to suggest interesting areas
for further research.
The development of the securities market received a tremendous boost with the
increasing number of stock exchanges opened in the country.' Before there were
only 9 stock exchanges in the country. U.P. Stock Exchange was the 10th stock
exchange. In fact, the first Indian stock exchange established in Mumbai is the oldest
exchange in Asia. At present there are 22 stock exchanges located in various parts of
India. Stock exchanges of Mumbai, Kolkata, Chennai, Ahmedabad, Delhi,
Hyderabad, Indore and Bangalore have been granted permanent recognition. The
stock exchanges have organized themselves either in the form of a public limited
company or a company limited by guarantee or as a voluntary non-profit making
association.
CHAPTER 4
Businesses
Sahara India Pariwar was founded by Subrata Roy Sahara in 1978. In 2004,
Sahara group was termed by the Time magazine as ‘the second largest employer in
India' after the Indian Railways. The group operates more than 5,000 establishments
across India with the employee strength around 12 lakh (both field and office) under
the Sahara India umbrella.
Real Estate
Sahara India Real Estate Company and the Sahara Housing Investment
Corporation are subsidiaries of the conglomerate. They buy and develop land for
residential housing projects across India. The company has its projects spread in
almost all over India. Sahara has a collaboration with Turner Construction, an
American building company, in some of its projects.
Electric Vehicles
Sahara India Pariwar announced the launch of Electric Vehicles under the brand
name Sahara Evols in June 2019. The product line of Sahara Evols initially consists of
motorbikes, scooters, e-rickshaws and 3-wheeler cargo vehicles, charging stations and
EV batteries.
Sports
The group owns the national Hindi news channel Samay and 36 city-specific
regional news channels Sahara Samay. It also owns Sahara One, a general
entertainment channel; Filmy, a Hindi movie channel; and Firangi, an entertainment
channel. Sahara Samay received the "Broadcast Engineering Excellence Award" in
2008 for its network newsroom technology. The group owns publishes and sells one
magazine in English, seven editions of the Hindi daily newspaper Rashtriya Sahara,
nine editions of Urdu Daily Newspaper Roznama Rashtriya Sahara and one
International Urdu Weekly, Alami Sahara. Sahara had A Film Studio Named Sahara
One Motion Pictures. They produced, marketed, and distributed Hindi and other
regional language films. Well known films produced by the company include
Bewafaa, Page 3, Sarkar, No Entry, and Wanted. In September 2010, the company
was in talks to acquire MGM Studios, but the deal collapsed.
Since 2009, when the Sahara Group‘s activities first came under the radar of SEBI
leading up to the arrest of Sahara India Pariwar founder Subrata Roy in 2014, both
parties have been engaged in an aggressive regulatory conflict. SEBI alleged that
Sahara India Real Estate Corp Ltd (SIRECL) and Sahara Housing Investment Corp
Ltd (SHICL), which issued Optional Fully Convertible Debentures (OFCD), illegally
collected investor money. Meanwhile, Sahara denied SEBI had any jurisdiction in the
matter.
SEBI went on to order Sahara to issue a full refund to its investors, which was
challenged by Sahara be-fore the Securities Appellate Tribunal (SAT). When the SAT
upheld SEBI‘s order, Sahara moved to the Supreme Court in August 2012, which
ordered Sahara to refund investor money by depositing it with SEBI. Sahara then
declared that most of the US $3.9 billion had already been repaid to investors, save
for a pal-try US $840 million, which it handed over to SEBI. This was disputed by
SEBI, which claimed that the details of the investors who were refunded had not been
provided. When Sahara failed to deposit the remaining money with SEBI and Subrata
Roy skipped his hearing, the Supreme Court of India issued an arrest warrant for the
Sahara chief in February 2014.
Amid rumors of black money laundering and the misuse of political connections,
Sahara vehemently denied all charges and continued to defy SEBI. The regulator
persevered through what the Supreme Court referred to as the ―ridiculous game of
cat and mouse‖ and finally managed to pin down Sahara chief Subrato Roy in 2014. In
this rare victory, SEBI not only brought Sahara to justice, but also made an excellent
case for why the regulator, and others like it, require greater autonomy and penalizing
power.
Investors are one of the important stakeholders of any company, who fund part
of the money by buying shares or apart ownership in the company. Companies
may pay their investors, dividends a share of the profits. Modern investors are
not short-sighted, they strongly interested in a company‘s overall reputation
and public perception, as well as its relationships with specific stakeholders
such as customers, employees and public authorities.
SEBI asked Sahara to refund investors because it felt Sahara was raising
money in violation of capital raising norms and certain sections of the
Companies Act. SEBI found that under the garb of an OFCD the company was
running an extensive para banking activity without conforming to regulatory
disclosures and investor protection norms pertaining to public issues.
Sahara challenged SEBI‘s order saying the capital markets regulator did not
have any jurisdiction over the group companies since they were not listed. The
court dismissed Sahara‘s petition, also hauling it up for not complying with its
orders.
Since Sahara hasn‘t been able to deposit the Rs. 24,000 Cr amount with
SEBI, the Supreme Court has asked Sahara India to submit a bank guarantee
for Rs. 20,000 Crore before 2014,October 28th which is the date for the next
hearing of the case. SEBI had earlier rejected Sahara‘s offer to secure the
difference (between Rs 5,200 and 24,000) through immovable property
entrusted with a bank trustee.
In March 2015, the court had directed two Sahara group companies —
Sahara Real Estate and Sahara Housing — to return around Rs 24,000 crore
with interest to nearly 3 crore investors through market regulator SEBI in Aug
2012. The firms were later allowed to pay up by February 2013. So, the total
dues have now gone up to Rs 40,000 crore with the accrual of interest.
Secondly, the case highlights the issue of intelligence gathering and co-
ordination among different financial sector regulators. The controversial
money-raising operation followed a ban on Sahara‘s para banking activities by
the Reserve Bank of India in 2008. SEBI was, however, only alert to the
operation two years after Sahara started, that too when one of the group
companies came to the regulator for a legal‖ public issue. The level of
interaction between the different financial sector regulators is clearly
Insufficient. The only regular forum for interaction, the Financial Stability and
Development Council (FSDC), concentrates on macro-prudential matters.
More active co-ordination is needed at the grass-roots level.
SEBI proved to be effective machinery in tackling the case to an extent but still it
has a limiton of regulating unlisted companies in India. The reasons for such scandals
are several including lack of transparency, weak provisions, political nexus and above
all, ignorance of investors. In the light of Sahara case, it is the responsibility of the
government and its various agencies to protect the interests of investors and nation as
well through putting in place necessary provisions in accordance with the changing
requirement of market.
CHAPTER 5
ANALYSIS SURVEY
A descriptive research design has been used to convey a survey of 114 samples.
Simple Random Sampling technique has been used for the same. Samples were
collected from various categories of people. Data of questions asked in the research
instrument to the respondents and its interpretations are as follows:
Question1.
1) Gender
A. Male
B. Female
C. Prefer not to say
D. Other
FIGURE 5.1
OBSERVATION:
While collecting data the main motive was to find out how many people of particular
gender are aware about SEBI and Indian Stock Market. This survey was answered by
112 people. The total percentage from it is: Male were 62.5% and Female were 35.7%
and the remaining percentage answered they preferred not to say.
Question: 2
Age
1. UNDER 18
2. 18-30
3. 31-45
4. 45 and above
FIGURE 5.2
OBSERVATIONS:
Question 3
Occupation
1. Student
2. Entreprenuer
3. Employed
4. Retired
5. Other
FIGURE 5.3
OBSERVATIONS:
1. YES
2. NO
FIGURE 5.4
OBSERVATIONS:
As per above survey, we found that 56.3% of the people invested in Securities
Market 43.8 % of people not yet invested in market. We conclude that SEBI need to
take initiative for Investors Education programmes to increase customers interest for
trading in stock market.
QUESTION 5
1. GOVERNMENT SECURITIES
2. STOCK MARKET
3. DERIVATIVES MARKET
4. OTHER MARKET
FIGURE 5.5
OBSERVATIONS:
As per above Chart, we found that 62.5 % of people traded in Stock market and
25% of people invested in Government Securities. Investors traded in stock market to
get high return in short periods with market risk. As well as Government securities
also provide high return with low risk but longer period. People also traded in
Derivative market & 10.7 % in other market as it is new market. we need more
awareness about investors education on derivative market. Therefore we conclude that
most of the investors taking market risk to get high return in short period as compare
to other traded sources.
QUESTION 6
1. BOND/DEBENTURES
2. EQUITY SHARES
3. MUTUAL FUNDS
4. NONE OF THE ABOVE
FIGURE 5.6
OBSERVATIONS:
1. ALWAYS
2. FREQUENTLY
3. OCCASIONALY
4. RARELY
5. NEITHER
FIGURE 5.7
OBSERVATIONS:
The primary market is the part of the capital market that deals with issuing of
new securities. Companies, governments or public sector institutions can obtain funds
through the sale of a new stock or bond issues through primary market. This is
typically done through an investment bank or finance syndicate of securities dealers.
As per above chart, We conclude that, Most of people are rarely and not taking
initiative to trade in Primary market due to people are not aware that these market
gives more profit with full safety.
QUESTION 8
1. ALWAYS
2. FREQUENTLY
3. OCCASSIONALY
4. RARELY
5. NEITHER
FIGURE 5.8
OBSERVATIONS:
The secondary market is the part of the capital market that deals with debt
market, price stabilization of new securities. Companies, governments or public sector
institutions can obtain funds through the sale of a new stock or bond issues through
secondary market. This is typically done through an investment bank or finance
syndicate of securities dealers. As per above chart, We conclude that, Most of people
are rarely and not taking initiative to trade in Secondary market due to people are not
aware that these market gives more profit with full safety.
QUESTION 9
1. YES
2. NO.
FIGURE 5.9
OBSERVATIONS:
Therefore, as per above chart we conclude that, 79.5% of people knows that
SEBI has proper control over Broking activities. It is important to keep an eye on the
activities of the brokers and other middlemen in order to control the capital market.
To have a control over them, it was necessary to establish the SEBI.
QUESTION 10
1. YES
2. NO
FIGURE 5.10
OBSERVATIONS:
SEBI has taking more initiative to solve the investors query & complaints as per
investors Requirement. Therefore, people also aware about current scenario as per
survey 84.8% of the people aware to complain SEBI some fraud happen in trading
stock market.
QUESTION 11
1. YES
2. NO
FIGURE 5.11
OBSERVATIONS:
As per above chart, we found that 85.7% of peoples are knows that SEBI has
proper safety to its investors for traded in market. The capital market is meaningless
in the absence of the investors. The protection of the interests of the investors means
protecting them from the wrong information given by the companies in their
prospectus, reducing the risk of delivery and payment, etc. Hence, the foremost
objective of the SEBI is to provide security to the investors.
CHAPTER 5
CONCLUSION
The security Exchange and Board of India was established by the government of
India on 12 April 1988 an interim administrative body to promote orderly and healthy
growth of the securities market and to protect investor’s rights. It is functioning under
administrative control of Ministry of Finance. The SEBI was given statutory status on
30th January 1992 through and ordinance, later it was replaced by an act of
parliament, Securities and Exchange Board of India Act, 1992.
SEBI is one of the important body which regulates both Primary as well as
Secondary Market. Above written Article is based on Primary market which deals
with issuance of new securities and deals with certain issues related to Primary
market. SEBI encourages both growth and development of the security market and act
as a watchdog.
The survey includes data from Mumbai itself. Total responses received through
this survey is 112. From the data collected through this survey we can conclude that a
lot of people are aware SEBI and it’s development in Indian stock market.
People do invest in securtities and are aware about various types of investments
i.e Government securities Stock market Derivatives market and various other types of
market.
From the survey that was performed we also came to know that other than
securities market people do invest in other forms. They are follows Bonds Debentures
Equity Shares Mutual Funds etc.
People also trade in different markets i.e Primary market and Secondary market.
In the Primary market, new stocks and bonds are sold for the first time. In a Primary
market, investors are able to purchase securities directly from the issuers. Types of
Primary market issues include an initial public offering (IPO) a private placement, a
rights issue, and a preferred allotment.
Secondary markets consists of both equity as well as debt markets. Securities
issued by a company for the first time are offered to the public in the primary market.
Once the IPO is done and the stock is listed, they are traded in the secondary market.
Through the survey we also got know that people do have an eye on SEBI’s
control over on broker activities. SEBI is also given semi-jurisdictional powers, which
means it can conduct hearings and issue judgments in case any unethical and
fraudulent activity has taken place. Granting rights and obligations of stock brokers
authorized persons, and clients also come under the responsibilities of SEBI. SEBI
applies various rules to it’s stockbrokers. Some of them include: Stockbrokers
authorized persons, and clients are all bound by the rules and by laws set by SEBI,
governing the market. The stockbroker should also update itself on the financial
abilities of the client before undertaking and executing financial transactions on their
behalf. Stockbrokers must make clients aware of the nature of the business, policies,
limitations, liabilities and capacity under which the stockbrokers acts. Last but not the
least stockbrokers must maintain all client-related information but shall not disclose
such unless demanded by the law.
Through survey we even came to know that people are well aware about SEBI’S
working whether positively or negatively. People are concerned about letting them
know whether they are happy about it’s decisions and policies.
By going through the responses collected from the survey we can conclude by
giving following suggestions.
SUGGESTIONS:
BIBLIOGRAPHY
1. Wikipedia
3. www.finmin.nic.in
4. www.moneycontrol.com
5. www.nseindia.com
6. www.bseindia.com
7. www.sebi.gov.in
ANNEXURE
Q1) Gender
1. Male
2. Female
3. Prefer not to say
4. Other
Q2) Age
1. Under 18
2. 18-30
3. 30-45
4. 45 AND ABOVE
Q3) Occupation
1. Student
2. Enterpreneur
3. Employee
4. Retired
5. Other
1. Yes
2. No
1. Bond / Debentures
2. Equity Shares
3. Mutual Fund
4. None of the above
1. Always
2. Frequently
3. Occasionally
4. Rarely
5. Neither
1. Always
2. Frequently
3. Occasionally
4. Rarely
5. Neither
1. Yes
2. No
Q10) Have you ever complained to SEBI / Stock Exchange / any market intermediary
likes Sub brokers/ share transfer brokers?
1. Yes
2. No
1. Yes
2. No