Session on SEBI
BACKGROUND & FUNCTIONS
SEBI
Apex regulator of all entities that either raise funds
in the capital markets or invest in capital market
securities
Earlier controller of capital issues was the regulator
Set up in 1988
Became a statutory body in 1992
Headquarters at Mumbai and has four offices
SEBI
Board commenced working w.e.f 30th January,
1992 by an Act of Parliament
Consolidates its powers form various acts
Principal regulating, controlling administrative and
promotional body in all matters of capital markets
Constitution
Is composed of following members
A chairman
Two members form the Ministry of Finance and Ministry
dealing with Companies Act, 1956
One member who is an official of RBI
Five other members to be appointed by the Central
Government of which three of them should be whole time
members
Functions
Various types of functions of SEBI:
Promotional role
Registration role
Regulatory role
Control role
Miscellaneous role
Promotional Role
Promoting the development and regulate the securities
market
Promoting and regulating self regulatory organisations
Promoting investor education and training of intermediaries
of securities markets
Conducting Research
Registration role
Registering and regulating various players associated with
securities markets
Registering and regulating the working of depositories,
depository participants, FIIs, credit rating agencies, etc
Registering and regulating the working of venture capital
funds and collective investment schemes, including MFs
Regulatory role
Regulate business of SE/MF
Regulate substantial acquisition of shares and take over of
companies
Issue directives for orderly development of securities market
and orderly conduct of intermediaries
Regulate and prohibit issue of offer documents prospective
or conditions for it
Specify listing and transfer of securities
Regulate functions of Mutual Funds, organisation of
collective investment schemes
Control role
Prohibit fraudulent and unfair practice
Prohibit insider trading
Call for information from banks, other authority or board /
corporation constituted by / under any Central / State or
Provincial Act.
In the interest of investor may restrain any person from
accessing security market, suspend trading in Stock
Exchange
Cause investigation to be conducted of there is a violation of
rules & regulations
Miscellaneous role
Perform such other functions and exercise other powers as
may be delegated to the Board by central Govt
Call for / supply information to any agency in efficient
discharge of its functions
Impound and retain proceeds and documents of any
transaction under investigation
Attach bank accounts
Direct any intermediary or other person not to dispose of or
alienate an asset under investigation
Miscellaneous role
Adjudicate and penalise persons, and intermediaries
connected with market on various issues
The Board may do all activities as directed by the Central
Government and such activities may touch issued which are
covered by other Acts like companies Act, etc
Responsibilities
Sebi has to be responsive to the needs of three
market participants
The issuer of securities
The investors
The market intermediaries
Powers
Quasi-legislative: drafts regulations
Quasi-executive: conducts investigation &
enforcement action
Quasi-judicial : passes rulings & orders
Appeal
While SEBI is powerful, an appeal mechanism also
exists through
Securities Appellate Tribunal
Supreme Court
THANK YOU