Short Title and Commencement.

6bed1058a81f75ab580595e82f7260674d23b758 · 1992 · State unknown

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

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Short Title and Commencement. (1) These Regulations may be called Securities and Exchange Board of India (Central Database of Market Participants) Regulations, 2003. 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. (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 : THE GAZETTE OF INDIA EXTRAORDINARY PART –III – SECTION IV PUBLISHED BY AUTHORITY SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai, the 20th day of November, 2003 Securities and Exchange Board of India (Central Database of Market Participants) Regulations, 2003 F. No. SEBI/LE/26/2003 - In exercise of the powers conferred by section 30 read with sections 11, 11A, 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 I PRELIMINARY (i) 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; (iii) 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 def

Rule TOC

1 · Words "Foreign Institutional Investors and" omitted by the SEBI (Foreign Portfolio Investors) Regulations, 2014, w.e.f. 7-1-2014.

2 · Substituted for "Foreign Institutional Investor" by the SEBI (Foreign Portfolio Investors) Regulations, 2014, w.e.f. 7-1-2014.

3 · Words "his spouse, parents, brothers, sisters or children" omitted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004.

4 · Words "or by the persons mentioned in sub-clause (i)" omitted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-72004.

5 · Words "or any of the persons mentioned in sub-clause (i)" omitted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004.

1 · [(iv) any firm in which his holding is more than 50%;]

1 · Substituted, by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004. Prior to its substitution, item (iv) read as under:- "(iv) any firm in which the aggregate of his holding and the holdings of the persons mentioned in sub-clause (i) is more".

2 · Substituted for "Foreign Institutional Investor" by the SEBI (Foreign Portfolio Investors) Regulations, 2014, w.e.f. 7-1-2014.

3 · Substituted for "Foreign Institutional Investor" by the SEBI (Foreign Portfolio Investors) Regulations, 2014, w.e.f. 7-1-2014.

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.

1 · Substituted for "sub-regulation (1) of regulation 6" by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004.

1 · [(v) in case of a stock broker, any approved user of the terminals allotted to him by the stock exchange, including terminals installed through Computer to Computer Link (CTCL) connectivity or any other means of connectivity approved by the stock exchange, which facilitates access to trading system of the exchange, except his sub-broker;]

2 · [(vi-a)the directors and personnel engaged in the operational activities of asset management companies; and] (vii) its proprietor, where applicable; 3 [ *** ]

1 · Substituted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004. Prior to its substitution, sub-clause (v) read as under :-

2 · Inserted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004.

3 · Word "and" omitted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004.

2 · [Explanation.—For the purposes of sub-clauses (i) and (vi-a), the words 'personnel engaged in the operational activities' shall mean the employees comprising the top three tiers of management excluding the Board of Directors engaged in the operational activities of the specified intermediary and such other employees as may be identified by the intermediary:]

1 · Sub-clause (viii) omitted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004. Prior to omission, it read as under: "(viii) relatives of the natural persons mentioned in sub-clauses (i) to (vii) above:"

2 · Inserted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004

1 · [Power of the Board to extend time in respect of related persons

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.

1 · Inserted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004

2 · Substituted for "Foreign Institutional Investor" by the SEBI (Foreign Portfolio Investors) Regulations, 2014, w.e.f. 7-1-2014.

1 · Substituted for "sub-regulation (1) of regulation 12" by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004.

2 · Substituted for "sub-regulation (2) of regulation 12" by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004.

3 · Substituted for "clause (b) of regulation 4", by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004.

4 · Substituted for "sub-regulation (3) of regulation 12", by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004.

1 · [Power of the Board to issue clarifications

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.]

1 · Inserted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004.

1 · Substituted for " regulation 15" by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, w.e.f. 21-7-2004.

2 · Substituted for "regulation 16" by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, w.e.f. 21-7-2004.