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SEBI Detailed Notes

The Securities and Exchange Board of India (SEBI) is the primary regulatory authority for the securities market in India, established in 1988 and granted statutory powers in 1992. Its core objectives include protecting investor interests, promoting market development, and ensuring fair market regulation. SEBI's functions encompass protective, regulatory, and developmental roles, and it plays a vital role in maintaining market integrity and fostering investor confidence.
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0% found this document useful (0 votes)
313 views2 pages

SEBI Detailed Notes

The Securities and Exchange Board of India (SEBI) is the primary regulatory authority for the securities market in India, established in 1988 and granted statutory powers in 1992. Its core objectives include protecting investor interests, promoting market development, and ensuring fair market regulation. SEBI's functions encompass protective, regulatory, and developmental roles, and it plays a vital role in maintaining market integrity and fostering investor confidence.
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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The Securities and Exchange Board of India (SEBI) is the apex regulatory body for the

securities market in India. Here's a detailed overview:


1. Establishment and Background:
●​ Formation: SEBI was initially established as a non-statutory body on April 12, 1988,
through an executive resolution of the Government of India.
●​ Statutory Status: It gained statutory powers on January 30, 1992, with the enactment of
the Securities and Exchange Board of India Act, 1992. This made SEBI an autonomous
and independent regulatory body.
●​ Headquarters: Mumbai, India. It also has regional offices in New Delhi, Chennai, Kolkata,
and Ahmedabad, along with other local regional offices.
●​ Ministry: SEBI functions under the administrative control of the Ministry of Finance,
Government of India.
2. Preamble and Core Objectives: The Preamble of the SEBI Act describes its basic functions
as:
●​ Protecting the interests of investors in securities: This is SEBI's foremost objective,
ensuring investors receive accurate information and are shielded from fraudulent
practices.
●​ Promoting the development of the securities market: Fostering growth and efficiency
in the market.
●​ Regulating the securities market: Ensuring fair, transparent, and orderly functioning of
the market.
●​ Addressing matters connected therewith or incidental thereto.
SEBI aims to meet the needs of three key groups in the securities market:
●​ Issuers: Providing a marketplace for them to raise funds fairly and easily.
●​ Investors: Offering protection, accurate information, and a safe investment environment.
●​ Intermediaries: Creating a competitive and well-regulated market for them.
3. Organizational Structure: The SEBI Board typically consists of nine members:
●​ Chairman: Nominated by the Union Government of India.
●​ Two officers: From the Union Ministry of Finance.
●​ One member: From the Reserve Bank of India (RBI).
●​ Five other members: Nominated by the Union Government of India, of whom at least
three are full-time members.
4. Powers of SEBI (Three-Fold Authority): SEBI possesses significant powers, often
described as having three powers rolled into one body:
●​ a) Quasi-Legislative:
○​ Rule-making: SEBI has the authority to frame rules and regulations to protect
investor interests and prevent malpractices. Examples include insider trading
regulations, listing obligations, and disclosure requirements.
○​ Guidelines and Circulars: It issues guidelines and circulars governing various
aspects of the securities market, including issuance, trading, and listing of
securities, and the conduct of market participants.
○​ These regulations are enforceable and binding on market participants.
●​ b) Quasi-Executive:
○​ Enforcement: SEBI is empowered to implement its regulations and judgments and
take legal action against violators.
○​ Investigation: It can inspect books of accounts and other documents, summon and
enforce attendance of individuals, and examine them under oath to investigate
violations.
○​ Intervention: SEBI monitors market activities and takes proactive interventions to
enforce compliance and maintain market integrity, including issuing directives and
imposing trading restrictions.
●​ c) Quasi-Judicial:
○​ Adjudication: SEBI has the authority to deliver judgments and pass orders related
to fraud and other unethical practices in the securities market.
○​ Penalties: It can impose penalties and sanctions on offenders.
○​ Accountability: While SEBI's powers are extensive, its decisions can be appealed
to the Securities Appellate Tribunal (SAT) and further to the Supreme Court of India,
ensuring a system of checks and balances.
5. Key Functions of SEBI: SEBI's functions can be broadly categorized into three types:
●​ a) Protective Functions:
○​ Prohibiting fraudulent and unfair trade practices (e.g., price rigging, misleading
statements).
○​ Preventing insider trading.
○​ Promoting fair practices and a code of conduct for intermediaries.
○​ Educating investors and creating awareness about the securities market.
○​ Prohibiting unfair and dishonest business practices.
●​ b) Regulatory Functions:
○​ Registering and regulating brokers, sub-brokers, share transfer agents, merchant
bankers, custodians, depositories, foreign portfolio investors, credit rating agencies,
and other intermediaries.
○​ Registering and regulating the working of collective investment schemes, including
mutual funds and venture capital funds.
○​ Regulating substantial acquisition of shares and takeovers of companies.
○​ Conducting inquiries and audits of stock exchanges and intermediaries.
○​ Levying fees and other charges for carrying out its functions.
○​ Specifying regulations for listing and delisting of securities.
●​ c) Developmental Functions:
○​ Promoting investor education and training of intermediaries.
○​ Conducting research and publishing information useful to all market participants.
○​ Promoting fair trading practices.
○​ Undertaking measures to reduce malpractices in the securities market.
○​ Encouraging self-regulatory organizations (SROs) in the market.
6. Importance and Impact: SEBI plays a crucial role in:
●​ Maintaining market integrity: Ensuring a fair and transparent environment for all
participants.
●​ Investor confidence: Protecting investors' interests, which is vital for attracting capital to
the market.
●​ Market development: Facilitating the growth and efficiency of the Indian securities
market.
●​ Risk management: Implementing measures to mitigate systemic risks and maintain
stability.
In essence, SEBI acts as a vigilant watchdog of the Indian capital market, striving to strike a
balance between regulation and market development to foster a robust and trustworthy financial
ecosystem.

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