Gazette Tracker
Gazette Tracker

Core Purpose

Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Fourth Amendment) Regulations, 2024, inserting new Regulations 44B and 44C to restrict recognized stock exchanges and clearing corporations from associating with unregistered persons who provide investment advice or claim returns on securities.

Detailed Summary

By notification No. SEBI/LAD-NRO/GN/2024/202 dated 26th August 2024, the Securities and Exchange Board of India, exercising powers under Sections 4, 8A and 31 of the Securities Contracts (Regulation) Act, 1956 read with Sections 11 and 30 of the SEBI Act, 1992, makes the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Fourth Amendment) Regulations, 2024, effective from the date of publication, inserting a new Chapter VIA into the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018; the new Regulation 44B prohibits recognized stock exchanges, clearing corporations or their agents from having direct or indirect association with any person who provides unregistered investment advice or recommendations, or makes unpermitted claims of returns or performance regarding securities, except through a Board-specified digital platform with preventive and curative mechanisms, and excludes persons engaged solely in investor education; Regulation 44C empowers the Board to take action, including under Regulation 49, for violations; the notification is signed by Babitha Rayudu, Executive Director, and lists prior amendments to the 2018 Regulations dated from 3rd October 2018 through 29th July 2024.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-MH-E-29082024-256734 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 674] NEW DELHI, THURSDAY, AUGUST 29, 2024/BHADRA 7, 1946 SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai, the 26th August, 2024 SECURITIES CONTRACTS (REGULATION) (STOCK EXCHANGES AND CLEARING CORPORATIONS) (FOURTH AMENDMENT) REGULATIONS, 2024 No. SEBI/LAD-NRO/GN/2024/202.—In exercise of the powers conferred by sections 4, 8A and 31 of the Securities Contracts (Regulation) Act, 1956, read with sections 11 and 30 of the Securities and Exchange Board of India Act, 1992, the Board hereby makes the following regulations to further amend the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018, namely, 1. These regulations may be called the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Fourth Amendment) Regulations, 2024. 2. They shall come into force on the date of their publication in the Official Gazette. 3. In the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018, after Chapter VI and before Chapter VII, the following Chapter shall be inserted, namely,- "CHAPTER VIA RESTRICTION IN DEALING WITH UNREGULATED ENTITIES Restriction in having association with certain persons 44B. (1) No recognized stock exchange or recognized clearing corporation or their agent, shall have any direct or indirect association, with another person who- (i) provides advice or any recommendation, directly or indirectly, in respect of or related to a security or securities, unless the person is registered with or otherwise permitted by the Board to provide such advice or recommendation; or (ii) makes any claim, of returns or performance expressly or impliedly, in respect of or related to a security or securities, unless the person has been permitted by the Board to make such a claim: Provided that the provisions of this sub-regulation shall not apply in respect of an association through a specified digital platform. (2) The recognized stock exchange or recognized clearing corporation shall ensure that any person associated with them or their agent does not engage in the activities mentioned in clauses (i) or (ii) of sub-regulation (1) without the necessary permission. Explanation 1. – For the purposes of this regulation, the expression “association" shall mean- (a) a transaction involving money or money's worth; (b) referral of a client; (c) interaction of information technology systems; (d) any other association of a similar nature or character. Explanation 2. – For the purposes of this regulation, the expression “specified digital platform" shall mean a digital platform as specified by the Board, which has a mechanism in place to take preventive as well as curative action, to the satisfaction of the Board, to ensure that such a platform is not used for indulging in any activity as referred to in clause (i) or (ii) of sub-regulation (1). Explanation 3. – For the removal of doubts, it is clarified that the term "another person" in this regulation shall not include a person who is engaged in investor education, provided that such a person does not, directly or indirectly, indulge in any activity as referred to in clause (i) or (ii) of sub-regulation (1) without the necessary permission. 44C. The Board may, in case of violation of any of the provisions of regulation 44B, take such action as it may deem fit including action as provided under regulation 49." BABITHA RAYUDU, Executive Director [ADVT.-III/4/Exty./443/2024-25] Footnote: 1. The Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018 were published in the Gazette of India on 3rd October 2018 vide No. SEBI/LAD-NRO/GN/2018/41. 2. The Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018 were subsequently amended on- (a) 4th June, 2019, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2019 vide No. SEBI/LAD-NRO/GN/2019/21. (b) 17th April, 2020, by the Securities and Exchange Board of India (Regulatory Sandbox) (Amendment) Regulations, 2020vide No. SEBI/LAD-NRO/GN/2020/10. (c) 8th October, 2020, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2020 vide No. SEBI/LAD-NRO/GN/2020/32. (d) 23rd March, 2021, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2021 vide No. SEBI/LAD-NRO/GN/2021/12. (e) 13th August, 2021, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Second Amendment) Regulations, 2021 vide No. SEBI/LAD-NRO/GN/2021/44. (f) 12th August 2022, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2022 vide No. SEBI/LAD-NRO/GN/2022/93. (g) 15th November, 2022, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Second Amendment) Regulations, 2022 vide No. SEBI/LAD-NRO/GN/2022/104. (h) 28th February, 2023, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2023 vide No. SEBI/LAD-NRO/GN/2023/124. (i) 24th July, 2023, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Second Amendment) Regulations, 2023 vide No. SEBI/LAD-NRO/GN/2023/139. (j) 22nd August, 2023, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Third Amendment) Regulations, 2023 vide No. SEBI/LAD-NRO/GN/2023/148. (k) 26th April, 2024, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2024 vide No. SEBI/LAD-NRO/GN/2024/171. (l) 10th May, 2024, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Second Amendment) Regulations, 2024 vide No. SEBI/LAD-NRO/GN/2024/174. (m) 29th July, 2024, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Third Amendment) Regulations, 2024 vide No. SEBI/LAD-NRO/GN/2024/196. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

Never miss important gazettes

Create a free account to save gazettes, add notes, and get email alerts for keywords you care about.

Sign Up Free