The Old Age Regional Stock Exchange (OARSE), once a vital financial hub, had gradually lost its significance in the face of a rapidly evolving financial market. Established decades ago, OARSE initially served a broad spe
CS Executive · Capital Market and Securities Laws · PYQS · December 2024
The Old Age Regional Stock Exchange (OARSE), once a vital financial hub, had gradually lost its significance in the face of a rapidly evolving financial market. Established decades ago, OARSE initially served a broad spectrum of investors and businesses. However, with the emergence of national-level stock exchanges and technological advancements, OARSE struggled to keep pace with modern regulatory and operational standards. During the year 2023-24, SEBI conducted a thorough review of OARSE's operations to assess its adherence to newly established regulations. The review revealed several deficiencies in OARSE's trading practices and compliance measures. When SEBI requested detailed information regarding these areas, OARSE failed to provide adequate responses, demonstrating significant lapses in its management and operational framework. As a result, SEBI decided to derecognize OARSE, effectively preventing it from functioning as a stock exchange. This decision highlighted the importance of compliance, technological adaptation, and transparency for the survival of regional exchanges in the competitive financial landscape. With reference to the above case study, answer the following: What will be the procedure followed by SEBI for withdrawal of recognition of OARSE? Will the contracts entered by OARSE before the date of withdrawal of recognition be valid? Who all are bound at OARSE to produce documents sought by SEBI? What are the provisions relating to the maintain and preserve books of accounts and other documents by any Recognised Stock Exchange in India? Can business of any Recognised Stock Exchange be suspended?
Answer & Explanation:
Procedure for withdrawal of recognition of OARSE: Section 5 of the Securities Contracts (Regulation) Act, 1956 lays down that if the Central Government is of opinion that the recognition granted to a stock exchange should in the interest of the trade or in the public interest, be withdrawn, the Central Government may serve on the governing body of the stock exchange a written notice that the Central Government is considering the withdrawal of the recognition for the reasons stated in the notice and after giving an opportunity to the governing body to be heard in the matter, the Central Government may withdraw, by notification in the Official Gazette, the recognition granted to the stock exchange. Validity of contracts entered by OARSE before withdrawal: Section 5 of the Securities Contracts (Regulation) Act, 1956 prescribes that the withdrawal of recognition shall not affect the validity of any contract entered into or made before the date of the notification, and the Central Government may, after consultation with the stock exchange, make such provision as it deems fit in the notification of withdrawal or in any subsequent notification similarly published for the due performance of any contracts outstanding on that date. Therefore, the contracts entered by the Old Age Regional Stock Exchange (OARSE) before the date of withdrawal of recognition will be valid. Persons bound to produce documents sought by SEBI: Where an inquiry in relation to the affairs of a recognised stock exchange or the affairs of any of its members in relation to the stock exchange has been undertaken, the following persons shall be bound to produce documents: every director, manager, secretary or other officer of such stock exchange; every member of such stock exchange; if the member of the stock exchange is a firm, every partner, manager, secretary or other officer of the firm; and every other person or body of persons who has had dealings in the course of business with any of the persons mentioned in clauses (a), (b) and (c), whether directly or indirectly; These persons shall be bound to produce before the authority making the inquiry all such books of account, and other documents in his custody or power relating to or having a bearing on the subject-matter of such inquiry and also to furnish the authorities within such time as may be specified with any such statement or information relating thereto as may be required of him. Provisions relating to maintenance and preservation of books of accounts and other documents: Every recognised stock exchange and every member thereof shall maintain and preserve for not exceeding five years such books of accounts, and other documents as the Central Government, after consultation with the stock exchange concerned, may prescribe in the interest of the trade or in the public interest, and such books of account, and other documents shall be subject to inspection to all reasonable times by SEBI. Suspension of business of a Recognised Stock Exchange: Section 12 of the Securities Contracts (Regulation) Act, 1956 states that if in the opinion of the Central Government, an emergency has arisen and for the purpose of meeting the emergency, the Central Government considers it expedient so to do, it may, by notification in the Official Gazette, for reasons to be set out therein, direct a recognised stock exchange to suspend such of its business for such period not exceeding seven days and subject to such conditions as may be specified in the notification, and if, in the opinion of the Central Government, the interest of the trade or the public interest requires that the period should be extended, may, by like notification extend the said period from time to time. However, where the period of suspension is to be extended beyond the first period, no notification extending the period of suspension shall be issued unless the governing body of the recognised stock exchange has been given an opportunity of being heard in the matter.
Topics: Securities Contracts (Regulation) Act, 1956
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