Professional Documents
Culture Documents
Project Report
Study
On
Under the Subject
“ SEBI Regulations on Capital Markets”
“Research Methodology”
By
Rajat Kashinath Bhandare
(Academic Year 2023-2024)
Submitted
At
PES’s Modern College of Arts, Commerce and Science,
(Business Administration Campus) Autonomous
Shivajinagar, Pune-5 March, 2024
Progressive Education Societies
MODERN COLLEGE OF ARTS, SCIENCE &
COMMERCE
(Autonomous)
Business Administration Campus,
Shivajinagar Pune-5
CERTIFICATE
(CERTIFICATE OF ORIGINALITY/DECLARATION)
This is to declare that I have carried out this project work myself in
partial fulfillment of the BBA(IB) Program of Savitribai Phule Pune
University.
The work is original, has not been copied from anywhere else and
not been submitted to any other University/Institute for an award of
any degree.
I take this opportunity to express my gratitude towards all the people who
helped me directly, or indirectly in completing this research project
successfully.
I would also like to thank Prof. Prakash Vasal for his timely support
rearding finalization of the project report.
Last but not the least I would like to express my deep sense of gratitude
towards all the respondents of my questionnaire for taking out their time
to fill out the form and giving their precious and honest insights
regarding my research topic.
-_Rajat K Bhandare
INDEX
Chapter Page
Name of the Chapter
Number Number
1 Executive Summary 1
• Abstract
2
• Objectives of the Study
3
• Scope of Study
4
• Need of the Study
5
• Limitations of the Study
6
6 Learning of Students
(Findings)
7 Suggestion / Recommendations by Student
8 Conclusion
9 References
CHAPTER 1 :
1. Executive summary
International Banking is a process that involves banks dealing with money and
credit between different countries across the political boundaries. It is also known
as Foreign/International Banking. In another words, International Banking
involves banking activities that cross national frontiers. It concerns the
international vmovement of money and offering of financial services through off
shore branching, correspondents banking, representative offices, branches and
agencies, limited branches, subsidiary banking, acquisitions and mergers with
other foreign banks. All the basic tools and concepts of domestic bank
management are relevant to international banking. However, special problems or
constraints arise in international banking not normally experience when operating
at home. In particular:
1 . Investors protection.
It is an unfortunate fact that Europeans have always been subjected to relatively heavy
tax burdens. This was as true on the British Isles as it was on the continent. Faced with
the prospect of watching their hard earned assets and wealth diminish with every out-
reach of the tax collector‟ hand, they were ripe for a solution. And a solution came--
the small, island nation state known as the Channel Islands convinced these frustrated
depositors that deposits placed in its banks could be free from scrutiny and hence the
heavy-handed taxation burden. The Euros were convinced--and soon this service
thrived, with other small jurisdictions becoming savvy to this foreign capital-attracting
status and they began to revamp their banking institutions, adopting sound, pragmatic
banking rules and regulations that eased the potential concerns of investors and
depositors. The International bank was off to a running start!
And soon the term “International banking” became synonymous with any smaller,
haven jurisdiction that offered safe, secure, confidential banking with practical
regulations. Soon the rest of the world was “in the know”, and began to look at
these havens as viable solutions to their needs. Americans, Africans, Asians, etc.,
found these international bank accounts quite useful for a myriad of reasons.
Unlike their banks at home, these international banks were not regularly subjected
to political turmoil or economic strife, and were most welcome for their stability
and asset protection benefits.
1.5.Need of the study
In the years since they have come into greater use and thus more visible,
international banking accounts have been unfairly portrayed by the media and by
the larger jurisdictions as the stomping grounds of the criminal underground--a
veritable haven for their illicitly-obtained assets and funds, or the choice locales
for their money-laundering schemes. Money-wise investors and depositors have
long known that these prejudices could not be further from the truth. They know
that international banks can be remarkably effective havens for assets and funds in
need of safe, secure, confidential keeping. They know that these banks can
safeguard their funds from the perils of civil, economic, or political strife in their
home countries. Today, international banks continue to keep their end of the
bargain and continue to provide a safe, confidential haven for those seeking to
safeguard their assets and funds from the perils of undue regulation and taxation.
Many a discriminating depositor has benefited from the safe, confidential, and
low taxation environment that an International banking account has to offer.
While it is important to assess your goals and discuss these with a competent,
experienced agent before leaping into un-chartered waters, there are many
unquestionable benefits provided by establishing an international bank account.
Their reputation among depositors and investors for providing a viable banking
location featuring protection from liability and confidentiality is growing, and
international banks will continue with this hard-earned reputation for asset
protection, tax reduction, depending on your jurisdiction, and superb
confidentiality of deposits.
1.6.Limitations of SEBI
SEBI has been provided with the powers of civil court only. So, SEBI will have to
get prior approval for filing criminal complaints about violations of the regulations.
SEBI does not have full autonomy. The majority of the SEBI’s board
members are government appointees.
The Chairman of the SEBI does not have a fixed term and can be removed at any
time with three months’ notice.
The Securities and Exchange Board of India (SEBI) is the most important regulator of securities
markets in India. It serves as the watchdog for Indian securities markets and its participants. To
better understand the functioning of SEBI, it would be helpful to draw parallels between SEBI
and US SEC as SEBI is the US market regulator’s Indian counterpart.
Essentially, all things equity or capital markets will be routed through SEBI. Its stated objective
is “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.”
SEBI was established on 12 April, 1992 following the passage of the Securities and Exchange
Board of India Act by the Parliament. The SEBI headquarters is located at the Bandra-Kurla
Complex in Mumbai. It also has regional offices in New Delhi, Kolkata, Chennai, and
Ahmedabad, and more than a dozen local offices in cities including Bangalore, Jaipur,
Guwahati, Patna, Kochi, and Chandigarh.
SEBI’s powers and structure
SEBI is responsible for governing the capital markets in India. The impact of SEBI decisions is
felt by investors, SEBI-registered companies, and the economy at large. At the same time, the
governing structure of SEBI is strong and formal to ensure that individual investors or entities
cannot influence the functioning of SEBI.
SEBI’s powers
SEBI is an autonomous organization. It wields some power over the functioning of the Indian
capital markets:
SEBI India follows an intricate structure akin to corporates. SEBI has a board of directors, senior
management, and department heads for its 20 departments.
SEBI is the sole entity responsible for governing Indian capital markets and the mutual fund
industry. Its main objectives are to secure investor interests and promote transparency in the
Indian equity market. The regulator drafts guidelines and frameworks for the efficient
functioning of SEBI-registered entities to ensure their smooth functioning.
Features of SEBI
Sebi is an organization that is responsible for maintaining an environment that is free from
malpractices to restore the confidence of the general public who invest their hard-earned
money in the market. SEBI controls the bylaws of every stock exchange in the country.
SEBI keeps an eye on all the books of accounts related to the stock exchange and financial
intermediaries to check their irregularities. The features of the Security and Exchange
Board of India are given below:
Quasi-Judicial
SEBI is allowed to conduct hearings and can pass judgments on unethical cases and
fraudulent trade practices. This feature of SEBI helps to protect transparency,
accountability, reliability, and fairness in the capital market.
Quasi-Legislative
SEBI is allowed to draft legislatures with respect to the capital market. SEBI drafts rules
and regulations to protect the interests of the investors. For eg: SEBI LODR or Listing
Obligation and Disclosure Requirements. This helps in consolidating and streamlining the
provisions of existing listing agreements for several segments of the financial market like
equity shares. This helps in protecting the market from malpractices and fraudulent trading
activities happening at the bay.
Quasi-Executive
SEBI covers the implementation of the legislation. They are allowed to file a complaint
against any person who violates their rules and regulations. They also have the power to
inspect all the books and records to check for wrongdoings.
CHAPTER 3:
As with any "bank", onshore or offshore, there is one primary deposit account that
is managed by software. It's been hundreds of years since your local bank had a
space reserved on the shelf for 'your money'. Even the largest U.S. national bank
has a primary deposit account and everything is computerized. The same goes for
your offshore bank, you have your financial institution and a deposit account that
is computer managed. We assist you with acquiring and configuration of your
online banking and account management software when you start your offshore
bank. Your bank offshore account is set up and is the transaction center of your
finance company. Depositors, deposit, spend and wire money in and out of the
account through your online system.
When you start an offshore bank, your account will work the same way all bank
accounts do. Below is a diagram showing how your offshore bank account works.
International Bank Account Setup
Most international banks will require an eligible introducer. This is someone who
already has a relationship with the bank. InternationalCompany.com is an eligible
introducer for many financial institutions throughout the world.
Banking references
Once the bank account is active, you typically receive online access to create your
user account and password. You may also receive items such as an easy-to-use
digital signature device, test key table and other enabling tools to access your
account balance and perform transactions quickly, easily, privately and securel
International banking service
Banking privacy and security is a major concern. It is a priority that you and your
money are safe. InternationalCompany.com regularly recommends banking
institutions that participate in a central banking system. The system is highly
regulated and implements stringent accounting practices, which provides a
stronger infrastructure and independent oversight for local international banks.
Many institutions provide secure and private international banking accounts to
American and foreign corporations and local government officials. The
institutions provide employment and support the local economy. Because of the
economy's dependence on the financial services sector, the privacy and financial
safety laws are a longstanding and stable. It is critical that all prospective clients
make the right choice of jurisdiction. We perform extensive research on many of
the top international bank account providers and are glad to provide helpful
information to help you make the proper choice.
Switzerland
Luxembourg
Lichtenstein
Isle of Man
While the scrutiny may be lower and the confidentiality and privacy higher in the
lower tax haven jurisdictions, potential account holders should note that an
agreement between European Union members (and those falling under its purview
or jurisdiction) known as the European Union Savings Tax Directive 2005 may
adversely affect their privacy if they are subject to it--The EU Tax Directive may
limit the confidentiality and privacy of certain accounts held in international
banks if these banks happen to be situated in a jurisdiction subject to it.
As of this writing, the member countries of the European Union are as follows:
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and the United
Kingdom
Stated simply, the EU Savings Tax Directive 2005 is an agreement between the
EU Member States that allows for the exchange of financial or transactional
information. This agreement is known as the “automatic exchange of information
option” and is the hallmark of the Directive
The International jurisdictions that are not subject to EU laws or directives do not
participate in this agreement and thusly afford depositors of those jurisdictions an
increased level of confidentiality.
.
Other International Bank Account Jurisdictions
There are many other international jurisdictions that provide many of the same
benefits that the EU versions do, but not bound to the EU Directive. This can be
an extremely important consideration for an investor or depositor looking for a
specific benefit for his funds that just cannot be met by a jurisdiction subject to
EU Directive reporting. Though this is an important consideration, it should not
automatically be assumed that it is always most advantageous to bank in a non-
EU Directive adhering jurisdiction. If a potential depositor meets the initial
deposit amount requirements, has his banking goals in alignment with his bank
and its jurisdiction, then an established international locations such as Switzerland
can be better suited to his needs. However, there are very competent jurisdictions
not subject to the EU Tax Directive with initial deposit requirements vastly lower
than those of the “established” jurisdictions. For example, some jurisdictions like
Panama and Belize can require as little as $500 or $1000 US to start.
Additional Banking Information
International banking accounts operate in the same manner as any domestic bank
account. The client receives a bank account debit card or credit card and online
access, wire transfer access and can perform the typical bank account
transactions, plus more. International banks offer many of the same conveniences
and customer service. When selecting your institution it is important that you
choose the provider that is right for your scenario.
Many international banking institutions will allow you to set up a bank account
for as little as a $2500 initial deposit, and in other cases, much less. All of the
recommended international bank account providers are highly regulated and
adhere to strict international
. International banking regulations and privacy
Our international bank accounts are situated in countries with strict confidentiality
enforced by law. No information can be given to outside parties, including foreign
governments and tax authorities, regarding your banking activities. There are no
taxes rendered on accounts. Tax avoidance not considered a crime in these
countries. There are no statures in relation to taxation, making it is impossible for
outside litigation to be brought against you and your bank account. Banks will not
even acknowledge the presence of your account.
The international banking sector is regulated far more strictly than banks at home.
Each international bank must hold greater reserves than their domestic
counterparts. All banking deposits are fully insured. As an extra safety measure
all international institutions are rigorously audited by central banks of each
jurisdiction, safeguarding all banking deposits and the international banking
system at large
Chapter 4:
Functions of SEBI
1 Protective Function:
The protective function implies the role that SEBI plays in protecting the investor interest
and also that of other financial participants. The protective function includes the following
activities.
a. Prohibits insider trading: Insider trading is the act of buying or selling of the securities by
the insiders of a company, which includes the directors, employees and promoters. To
prevent such trading SEBI has barred the companies to purchase their own shares from the
secondary market.
b. Check price rigging: Price rigging is the act of causing unnatural fluctuations in the price
of securities by either increasing or decreasing the market price of the stocks that leads to
unexpected losses for the investors. SEBI maintains strict watch in order to prevent such
malpractices.
c. Promoting fair practices: SEBI promotes fair trade practice and works towards
prohibiting fraudulent activities related to trading of securities.
d. Financial education provider: SEBI educates the investors by conducting online and
offline sessions that provide information related to market insights and also on money
management.
.
2 Regulatory Function:
Regulatory functions involve establishment of rules and regulations for the financial
intermediaries along with corporates that helps in efficient management of the market.
a. SEBI has defined the rules and regulations and formed guidelines and code of conduct
that should be followed by the corporates as well as the financial intermediaries.
3 Developmental Function:
Developmental function refers to the steps taken by SEBI in order to provide the investors
with a knowledge of the trading and market function. The following activities are included
as part of developmental function.
2. Introduction of trading through electronic means or through the internet by the help of
registered stock brokers.
1.Investors Protection:-
Investors are the pillars of the financial and Securities market. They determine the
level of activity in the securities market and also the level of activity in the economy.
They may not be familiar with the market mechanism and the practices as well as their
rights and obligations. Some investors may not be fully aware of the precautions they
should take while dealing with market intermediaries and dealing in different securities.
There occurs a need of organization which protect the interest of investors, help them to
gain confidence in the capital market. It gives them adequate knowledge to take right
investment decision.
:Section 11(2) of the SEBI Act, 1992 outlines the options SEBI has to carry out
the law’s mandate for investor protection. It contains:
Preventing unfair and deceptive trade practices in the securities the market.
SEBI’s regulations mandate that companies must provide accurate and timely information
to investors. Listed companies must comply with the listing agreement and disclosure
requirements, including disclosing material information such as financial statements,
board meetings, and other important information to the stock exchange and investors. This
requirement ensures that investors can make informed decisions and increases
transparency in the securities market.
SEBI has also been instrumental in promoting corporate governance practices in India. It
has laid down rules for the appointment of independent directors, audit committees, and
other governance structures, making it mandatory for listed companies to adhere to these
regulations. These regulations help to ensure that listed companies operate transparently,
ethically and responsibly, and ultimately benefit the investors.
: Regulations and regulators should not discriminate among licensed market participants
on the basis of the nationality or jurisdiction of establishment.
: The introduction of new securities products and services by firms should be governed by
the standards set forth in relevant rules and regulations.
3. . Regulating the securities market:-
SEBI plays a crucial role in regulating the securities market in India. Its
other intermediaries. It also ensures that listed companies comply with the
and developing it. It has taken various initiatives to develop the securities
awareness. SEBI has also taken steps to improve the infrastructure and
SEBI plays a crucial role in developing and promoting the securities market in India. It
has taken various initiatives to increase market liquidity, such as introducing new
products like equity derivatives, allowing short-selling, and enabling algorithmic
trading. SEBI has also relaxed some of the regulations to encourage the listing of start-
ups and small and medium-sized enterprises (SMEs). These measures have helped to
deepen the market and make it more attractive to investors.
SEBI is responsible for supervising the functioning of the securities market in India. It
monitors the operations of various players in the market to ensure that they comply
with the regulations and guidelines laid down by it. SEBI also conducts inspections
and investigations to ensure that there are no malpractices or violations of regulations
. Reason:-
Due to various Acts inforced by Securities & Exchange Board of India .Now ther is
no discriminations in the investors and the investors feels more safe to invest in stock
markets .investors are the pillars of the market and they set an infrastructure and also
are responsible for development of securities market
5. . Promoting investor education and awareness.
SEBI recognizes the importance of investor education and awareness, and it has taken various
initiatives to promote this. It has launched several campaigns to educate investors about the risks
and rewards of investing in securities, and to create awareness about the regulations and guidelines
laid down by it. SEBI has also set up an investor grievance redressal mechanism, which allows
investors to file complaints and seek redressal for their grievances. This mechanism has helped to
increase investor confidence and has made the securities market more accessible to investors.
SEBI has also been instrumental in promoting corporate governance practices in India. It has laid
down rules for the appointment of independent directors, audit committees, and other governance
structures, making it mandatory for listed companies to adhere to these regulations. These
regulations help to ensure that listed companies operate transparently, ethically and responsibly, and
ultimately benefit the investors.
SEBI has the power to enforce its regulations and guidelines by taking action against those
who violate them. It can impose fines, initiate legal proceedings, and even suspend or
cancel the registration of intermediaries who violate its regulations. SEBI also has the
power to investigate and take action against insider trading and other fraudulent practices.
SEBI’s role in the securities market in India is multifaceted, and it has made significant
contributions to the growth and development of the market. Here are some additional points
on SEBI’s functions and responsibilities:
Chapter 6
SEBI has successfully done the functioning of the securities market in India. It
regulates various players in the market,
ensures fair and transparent dealings in securities, and
protects the interests of investors. SEBI also plays a
developmental role in promoting and developing the securities market and has the
power to enforce its regulations and guidelines. Its efforts have helped in making
the securities market in India more efficient, transparent, and investor-friendly.
It may be concluded that SEBI performs it’s role extremely, well through
various programmes and measures like Investor Awareness Programme, Investor
Education and Protection fund, Grievance Redressal Mechanism etc. Which has made the
Indian Security Market as one among the safest and most efficient trading destination
globally. It is also advisable that investors should approach SEBI through SCORES for
redressal of their grievances, complaints and any other difficulty transactions. It is in the
interest of investors themselves to be fully aware about the provisions of various act, SEBI
guidelines and grievance redressal mechanism with regard to their protection.
Chapter 7
SEBI is making commendable progress in the area of investor protection. If the AMCs of
MFs annually publish their profit and loss account and balance sheet, it will help investors
understand how the management costs are debited to their funds are being utilised. MFs
should include in the statements information on the IRR of each tranche of investment
made by the investor concerned. Many websites provide generic information of IRR of
schemes of MFs, but the return based on the timing of a specific investment may differ.
8. Conclusion
· http://www.offshoreinfo.com/offshore_banks_details.htm
· http://www.offshorecompany.com
· http://www.confidentialbanking.com/
http://www.statebankofindia.com/
http://www.offshorebank.net/
· http://www.sterlingoffshore.com
· http://taxhavenco.com
· http://www.offshorecompany.com
BIBLIOGRAPHY
Agarwal