About SEBI

ESTABLISHMENT OF SEBI

The Securities and Exchange Board of India was established on April 12, 1992 in accordance with
the provisions of the Securities and Exchange Board of India Act, 1992.

PREAMBLE

The Preamble of the Securities and Exchange Board of India describes the basic functions of the
Securities and Exchange Board of India as

“…..to protect the interests of investors in securities and to promote the

development of, and to regulate the securities market and for matters connected
therewith or incidental thereto”

Establishment and incorporation of Board.

3. (1) With effect from such date as the Central Government may, by notification,
appoint, there shall be established, for the purposes of this Act, a Board by the name of
the Securities and Exchange Board of India. 

   (2) The Board shall be a body corporate by the name aforesaid, having perpetual
succession and a common seal, with power subject to the provisions of this Act, to
acquire, hold and dispose of property, both movable and immovable, and to contract,
and shall, by the said name, sue or be sued. 

   (3) The head office of the Board shall be at Bombay. 

   (4) The Board may establish offices at other places in India. 

Management of the Board.

4. (1) The Board shall consist of the following members, namely:- 

(a) a Chairman; 

(b) two members from amongst the officials of the [5][Ministry] of the

Central Government dealing with Finance [6][and administration of the
Companies Act, 1956(1 of 1956)];

(c) one member from amongst the officials of [7][the Reserve Bank]; 

[8][(d) five other members of whom at least three shall be the whole-time
members]
to be appointed by the central Government.

Removal of member from office.

 6. [10][ ] The Central Government shall remove a member from office if he - 

(a) is, or at any time has been, adjudicated as insolvent; 

(b) is of unsound mind and stands so declared by a competent court; 

(c) has been convicted of an offence which, in the opinion of the Central
Government, involves a moral turpitude; 

[11][(d) ...]

(e) has, in the opinion of the Central Government, so abused his position
as to render his continuation in office detrimental to the public interest:

Provided that no member shall be removed under this clause unless he has been
given a reasonable opportunity of being heard in the matter. 

Functions of  Board.

 11. (1) Subject to the provisions of this Act, it shall be the duty of the Board to protect
the interests of  investors in securities and to promote the development of, and to
regulate the securities market, by such measures as it thinks fit. 

   (2) Without prejudice to the generality of the foregoing provisions, the measures
referred to therein may provide for - 

(a) regulating the business in stock exchanges and any other securities
markets; 

(b) registering and regulating the working of stock brokers, sub-brokers,

share transfer agents, bankers to an issue, trustees of trust deeds, registrars to
an issue, merchant bankers, underwriters, portfolio managers, investment
advisers and such other intermediaries who may be associated with securities
markets in any manner;
 [13][(ba) registering and regulating the working of the depositories,[14]
[participants,] custodians of securities, foreign institutional investors, credit rating
agencies and such other intermediaries as the Board may, by notification, specify
in this behalf;]

(c) registering and regulating the working of [15][venture capital funds and
collective investment schemes],including mutual funds; 

(d) promoting and regulating self-regulatory organisations; 

(e) prohibiting fraudulent and unfair trade practices relating to securities

markets; 

(f) promoting investors' education and training of intermediaries of

securities markets; 

(g) prohibiting insider trading in securities; 

(h) regulating substantial acquisition of shares and take-over of

companies; 

(i) calling for information from, undertaking inspection, conducting inquiries

and audits of the [16][ stock exchanges, mutual funds, other persons associated
with the securities market] intermediaries and self- regulatory organizations in the
securities market; 
Part-2
On April 12, 1992, the Securities and Exchange Board Of India was constituted. It was constituted in accordance with
the provisions of the Securities and Exchange Board Of India Act 1992.

Preamble
“…..to protect the interests of investors in securities and to promote the development of, and to regulate the securities
market and for matters connected therewith or incidental thereto”.

Functions Of The Board

 The Board is responsible for the securing the interests of investors in securities and to facilitate the growth
of and to monitor the securities market in an appropriate manner.
 To monitor and control the performance of stock exchange and derivative markets.
 Listing and monitoring the functioning of stock brokers, sub brokers, share transfer agents, bankers to an
issue, trustees of trust deeds, registrars to an issue, merchant bankers, underwriters, portfolio managers,
investment advisers and others associated with securities markets by any means.
 Monitoring and Controlling the functioning of venture capital funds and mutual funds.
 Forbid unjust and dishonest trade practices in the security markets and forbid insider trading in the security
market.
 Undertake periodic audits of stock exchanges, mutual funds, individuals and self regulatory organizations
associated with the security market.

Carry Forward Deals

Carry Forward Deal is a trade for which settlement occurs at a specified future date and price.

Carry Forward Deals were made acceptable on the recommendations of the Patel Committee report, SEBI
submitted on 27 July 1995. Some of the important features of the revised carry forward transactions as outlined by
SEBI are:

 Carry forward deals are permitted only on stock exchanges which have screen based trading system.
 Transactions which are carried forward cannot exceed 25% of a broker's total transactions on any one day.
 90-day limit for carry forward and squaring off allowed only till the 75th day (or the end of the fifth
settlement).
 Daily margins to rise progressively from 20% in the first settlement to 50% in the fifth.

On 26 January1995, the government promulgated an ordinance amending the SEBI Act, 1992, and the Securities
Contracts (Regulation) Act, 1956. In accordance with the amendment, delivering judgment will be created within SEBI
and any appeal against this adjudicating authority will have to be made to the Securities Appellate Tribunal, which is
to be separately constituted. The appeals related to SEBI will be heard only at the High Courts. The main aspects of
the amendment to the Securities Contract (Regulation) Act, 1956, are:

 The ban on the system of options in trading has been lifted.

 Additional trading floors on the stock exchanges can be established only with prior permission from SEBI.
 Any company seeking listing on stock exchanges would have to conform to the listing agreements of stock
exchanges, and the failure to comply with these, or their violation, is punishable under law.
  The time limit, by which stock exchanges could amend their bye-laws, has been reduced to two months.

Objectives of SEBI:

As an important entity in the market it works with following objectives:

1. It tries to develop the securities market. 

2. Promotes Investors Interest.
3. Makes rules and regulations for the securities market.