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Securities Contracts (Regulation) Act, 1956 and Securities Contracts

Securities Contracts (Regulation) Act, 1956 and Securities Contracts

Securities Contracts (Regulation) Act, 1956

  • Definition: The Securities Contracts (Regulation) Act, 1956 is a law that provides for direct and indirect control of virtually all aspects of securities trading and the running of stock exchanges.
  • Objective: The objective of SC(R)A is to prevent undesirable speculation and to regulate contracts and transactions in securities.

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Key Features of SCRA, 1956

  • Regulatory Jurisdiction: The Central Government has regulatory jurisdiction over stock exchanges, contracts in securities, and listing of securities on stock exchanges.
  • Call for Periodical Returns: Every member of a recognized stock exchange must maintain and preserve books of accounts and other documents for a specified period.
  • Inspection by SEBI: SEBI can inspect the books of accounts and other documents of a recognized stock exchange or its members.
  • Contract as Principal: No member of a recognized stock exchange can enter into a contract as a principal with any person other than a member of a recognized stock exchange, unless they have secured the consent or authority of such person.

Penalties and Procedures

  • Penalty for Non-Compliance: Any person who fails to comply with the provisions of SCRA can be punishable with imprisonment or a fine.
  • SEBI's Power: SEBI has the power to impose penalties, inspect books of accounts, and make inquiries into the affairs of a recognized stock exchange or its members.
  • Settlement of Proceedings: SEBI can settle proceedings initiated or to be initiated for alleged defaults, on payment of a sum or on such other terms as may be determined by SEBI.

Important Sections of SCRA

  • Section 6: Requires every member of a recognized stock exchange to maintain and preserve books of accounts and other documents.
  • Section 15: Prohibits a member of a recognized stock exchange from entering into a contract as a principal with any person other than a member of a recognized stock exchange.
  • Section 23: Provides for penalties for non-compliance with the provisions of SCRA.
  • Section 23A: Provides for penalties for failure to furnish information or documents to SEBI.
  • Section 23B: Provides for penalties for failure to enter into an agreement with a client.
  • Section 23C: Provides for penalties for failure to redress the grievances of an investor.
  • Section 23D: Provides for penalties for failure to segregate securities or monies of clients.
  • Section 23E: Provides for penalties for failure to comply with listing conditions or delisting conditions.

Securities Contracts (Regulation) Act, 1956 and Securities Contracts (Part 2)

  • Definition: The Securities Contracts (Regulation) Act, 1956 is a law that regulates securities contracts in India.
  • Details: The Act provides for the regulation of securities contracts, including the establishment of stock exchanges, the listing of securities, and the trading of securities.

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Key Concepts

  • SEBI Act: The SEBI Act, 1992 is a law that established the Securities and Exchange Board of India (SEBI) as the primary regulator of the securities market in India.
  • SCRA: The Securities Contracts (Regulation) Act, 1956 is a law that regulates securities contracts in India.
  • SEBI Stock Broker Regulations: The SEBI Stock Broker Regulations, 1992 are regulations that govern the conduct of stockbrokers in India.

Case Studies

  • Case 5.2: SEBI vs. Ashok Shivlal Rupani, Naresh Shivlal Rupani and Utam Ravji Gada: This case involved a violation of regulation 30(4) of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. The company failed to make a corporate announcement to the stock exchange regarding a change in management.
  • Case 5.3: SEBI Settlement order in respect of Polson Limited: This case involved a company that failed to comply with the minimum public shareholding (MPS) requirements under Rule 19(2)(b) and 19A of SCRR, 1957.

Securities Contracts (Regulation) Rules, 1957

  • Rule 8: This rule specifies the eligibility criteria for membership of a recognized stock exchange.
  • Rule 9: This rule requires all contracts entered into between members of a recognized stock exchange to be confirmed in writing and to be enforced in accordance with the rules and bye-laws of the stock exchange.
  • Rule 12: This rule requires every member to get their accounts audited by a chartered accountant whenever such audit is required by SEBI.
  • Rule 15: This rule requires every member of a recognized stock exchange to maintain and preserve certain books of account and documents for a specified period.

Review Questions

  • The trading members of the stock exchanges are required to maintain the counterfoils or duplicates of contract notes issued to clients for 2 years.
  • Members of the stock exchanges are required to preserve books and accounts and other documents for a specific period of time.
  • The statement that a stockbroker of a recognised stock exchange can enter into a contract in securities with another stockbroker after obtaining his consent is False.
  • The manner in which the derivatives contracts and other contracts should be dealt in the securities market are prescribed in the SCRA, 1956.