THE GAZETTE OF INDIA

regulations · 1992 · State unknown

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Parent: THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 (7c4c1f5343adab106c3a94cafc08a5ecf5957ae7)

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THE GAZETTE OF INDIA EXTRAORDINARY PART _III SECTION IV PUBLISHED BY AUTHORITY SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai; the 2Oth day of November, 2003 Securities and Exchange Board of India (Central Database of Market Participants) Regulations; 2003 F No. SEBIILE/26/2003 In exercise of the powers conferred by section 30 read with sections 11, I1A, 12 and 19 of the Securities and Exchange Board of India Act; 1992 (15 of 1992) , the Board hereby makes the following Regulations, namely Chapter | PRELIMINARY Short Title and Commencement: 1. (1) These Regulations may be called Securities and Exchange Board of India (Central Database of Market Participants) Regulations, 2003. (2) These Regulations shall come into force on such date as may be specified by the Board: Provided that different dates may be specified for different provisions of these regulations and any reference in any such provision to the commencement of these regulations shall be construed as a reference to the commencement of that provision. Definitions: 2. (1) In the Regulations; unless the context otherwise requires (a) 'Act' means the Securities and Exchange Board of India Act; 1992; (b) 'associate' in relation to an intermediary or a listed company means a person Page 1 of 13 who, directly or indirectly, by himself or in combination with his relatives exercises control over the intermediary or listed company or has a holding of not less than 15% in the paid up equity capital of the intermediary or the listed company; (ii)in respect of whom the intermediary or listed company directly or indirectly exercises control; whose director or partner is also a director or partner of the intermediary or listed company: Explanation-~For the purposes of this clause i) 'control' means control as defin

Rule TOC

1 · (1) These Regulations may be called Securities and Exchange Board of India (Central Database of Market Participants) Regulations, 2003.

2 · (1) In the Regulations; unless the context otherwise requires

3 · Every specified intermediary, other entity, specified listed company and specified investor shall make application for allotment of unique identification numbers for itself and for its related persons in accordance with these regulations

4 · (1) On and from such date as may be notified by the Board in the official gazette, no specified intermediary or other entity shall act as such, unless

5 · On and from such date as may be notified by the Board in the official gazette, no specified listed company or a company which intends to get its securities listed shall issue any securities which are proposed to be listed on a recognized stock exchange, unless_

5A · (1) Where the Board is satisfied that it is necessary, in order to prevent genuine hardship; that the time for obtaining unique identification numbers has to be extended beyond the date notified under regulations 4 or 5, as the case may be, in respect of any class of related persons of specified intermediaries or specified listed companies, it may by notification in the Official Gazette, specify a date within which such class of related persons ought to obtain unique identification numbers:

6 · (1) On and from such date as may be notified by the Board in the Official Gazette, no specified investor, not being a body corporate, shall buy, sell or deal in any securities which are listed on any recognized stock exchange or in units of a mutual fund or a collective investment scheme or subscribe to securities which are proposed to be listed in any recognized stock exchange or units of a mutual fund or a collective investment scheme unless he has been allotted a unique identification number.

9 · Every specified investor shall make an application to the Designated Service Provider in accordance with 4[sub-regulation (1) or sub-regulation (2), as the case may be, of regulation 14] for allotment of a unique identification number.

10 · Notwithstanding anything contained in these regulations, no person shall be obliged to apply for or be allotted another unique identification number, if he already holds a unique identification number allotted to him under these regulations in any other capacity

11 · The Designated Service Provider shall maintain such books, records and documents, in such manner and for such period as may be specified by the Board.

12 · (1) Every application made by a specified investor or a related person of a specified intermediary or specified listed company being a natural person, under regulation 7 8 or 9,as the case may be, shall be in Form A specified in the Schedule and shall be accompanied with a fee as specified in the notifications issued under regulations 4, 5 or 6, as the case may be.

14 · For the purposes of specifying the intermediaries, listed companies or investors under subregulation (1) of regulation 4 or regulation 5 or sub-regulation (1) of regulation 6, the Board may take into consideration the following factors

15 · (1) No person shall make a false statement or misrepresent any fact in any application made to the Designated Service Provider under these regulations.

16 · (1) Where it is found that the unique identification number was obtained by a person through fraud or misrepresentation or was allotted to him under a mistake, the Board may, without prejudice to other action that it may take under any law for the time being in force and after giving him an opportunity of making representations, revoke the unique identification number allotted to him or to the related persons:

16A · In order to remove any difficulties in the application or interpretation of these regulations, the Board may issue clarifications and guidelines in the form of circulars or notes:]

17 · (1) Every person who has been allotted a unique identification number under these regulations shall intimate the changes if any, in the particulars submitted by him in the application, to the Designated Service Provider; in such electronic or other manner as may be specified by the Board, within thirty days of occurrence of the change.

18 · (1) Every specified intermediary and other entity shall within thirty days of any person becoming a related person, ensure that such person has been allotted or has applied for a unique identification number:

19 · Any person who issues any security or buys, sells or deals in any securities in contravention of these regulations shall be liable for

20 · Any person who makes any false statement or misrepresents any fact in any application or other document submitted to the Designated Service Provider shall, without prejudice to any action which may be taken under section 24 of the Act by the Board, be liable for action under section 15HB of the Act.

21 · Any person who being required to do so, fails to intimate changes as required in '[regulation 17 shall be liable for action under clause (b) of section 15A of the Act:

22 · Any intermediary or listed company who fails to ensure compliance with ZIregulation 18] shall be liable for action under section 1SHB of the Act: