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SEBI mandates direct pay-out of securities by clearing corporation to demat accounts of clients
Presently, securities received in payout are pooled by the broker before being credited to the respective client demat accounts. However, direct payouts to client accounts were already made available on a voluntary basis as per the circular dated 01.02.2001. It has now been decided that the process of direct securities payout to client accounts will become mandatory.
The clearing corporation shall provide a mechanism for Trading Members (TM)/Clearing Members (CM) to identify unpaid securities and funded stocks under the margin trading facility.
In case of any shortages arising due to inter se netting of positions between clients i.e., internal shortages, the following measures shall be implemented: Trading Members (TM) and Clearing Members (CM) must manage such shortages through an auction process as specified by Clearing Corporations (CCs). Additionally, brokers are prohibited from levying any charges on the client beyond those imposed by the CCs.
The provisions of this circular will come into effect on 14.10.2024. The implementation standards shall be formulated by the Broker’s Industry Standards Forum (on a pilot basis), under the aegis of the stock exchanges and in consultation with SEBI by August 05, 2024.
SEBI modifies FPI Master Circular; aligns it with SEBI (Foreign Portfolio Investors) (Amendment) Regulations, 2024
SEBI has modified the Foreign Portfolio Investors (FPI) Master Circular. Earlier, in June 2024, SEBI issued the SEBI (Foreign Portfolio Investors) (Amendment) Regulations, 2024. The amended norms provide flexibility to foreign portfolio investors (FPIs) in dealing with their securities after their registration expires. Similar changes have been carried out in the Foreign Portfolio Investors (FPI) Master Circular.
SEBI notifies framework of 'Financial Disincentives for Surveillance Related Lapses' at MII
To maintain effective surveillance and investor trust, the SEBI has notified a framework for Surveillance Related Lapses at Market Infrastructure Institutions (MIIs). This shall apply to surveillance-related lapses emanating from non-adherence to the requisite surveillance activities/decisions.
Further, the amount of financial disincentives as per the framework of financial disincentives for Surveillance Related Lapses (FDSRL) at MIIs, shall be determined based on the total annual revenue of the MII, as an indicator of the size and impact of the MII on the market ecosystem, during the previous Financial Year as per the latest audited consolidated annual financial statement and the number of instances of Surveillance Related Lapses during the Financial Year.
This circular shall come into effect on July 1, 2024, and the framework of FDSRL at MIIs shall apply for any surveillance-related lapse occurring on or after that date.
IBBI prescribes guidelines for creating a panel of Insolvency Professionals to serve as IRPs, Liquidators, and RPs
Earlier, the IBBI identified the need to prepare a panel of Insolvency Professionals (IPs) in advance and share it with the Adjudicating Authority (AA) to avoid administrative delays in appointing IPs. Now, the IBBI has issued the instant guidelines providing the procedure for preparing a panel of IPs to act as IRPs, Liquidators, RPs, and Bankruptcy Trustees.
This guideline also prescribes for IP eligibility, expression of interest, panel of IPs, Sorting criteria, Conditions for IPs, and Repeal and Savings. The panel of IPs prepared in accordance with these guidelines will be effective from 01.07.2024 to 31.12.2024.
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