What do you mean by Capital Market Intermediaries ? What are the different kinds and general obligations of Capital Market Intermediaries ?
CS Executive · Securities Laws and Capital Markets · PYQS · June 2023
What do you mean by Capital Market Intermediaries ? What are the different kinds and general obligations of Capital Market Intermediaries ?
Answer & Explanation:
What are Capital Market Intermediaries? Capital market intermediaries are essential links between issuers (companies raising capital) and investors (individuals or institutions providing capital) in the financial markets. They facilitate the smooth functioning of the capital market by providing various services that help in the issuance, trading, and settlement of securities. These intermediaries act as interposing entities, regulated by bodies like the Securities and Exchange Board of India (SEBI), to ensure transparency, efficiency, and investor protection. They are service providers and an integral part of any financial system. SEBI regulates various intermediaries in the primary and secondary markets through its specific regulations, defining their roles, eligibility criteria for registration, functions, responsibilities, and codes of conduct. Different Kinds of Capital Market Intermediaries: The capital market encompasses a wide range of intermediaries, each with specialized functions. Some of the key types include: Merchant Bankers: They manage public issues, private placements, mergers, acquisitions, and corporate restructuring. Registrars and Share Transfer Agents (RTA): They maintain records of shareholders, process share transfers, and handle dividend distribution. Underwriters: They guarantee the subscription of a public issue, thereby assuring the issuer that the minimum subscription will be met. Debenture Trustees: They protect the interests of debenture holders by ensuring that the issuer company complies with the terms and conditions of the debenture issue. Bankers to an Issue: They handle the collection of application money from investors during a public issue and manage refunds. Portfolio Managers: They manage investment portfolios on behalf of clients, aiming to achieve specific investment objectives. Stock Brokers: They facilitate the buying and selling of securities on stock exchanges for their clients. Depositories and Depository Participants: They hold securities in electronic form and facilitate their transfer. Credit Rating Agencies: They assess the creditworthiness of debt instruments and issuers. Custodians: They hold securities and other assets on behalf of clients, ensuring their safety and facilitating settlement. General Obligations of Capital Market Intermediaries: All registered capital market intermediaries are bound by certain general obligations and responsibilities, as specified in the SEBI (Intermediaries) Regulations, 2008, and other specific regulations: Due Diligence: They must perform the necessary due diligence in the discharge of their duties, adhering to the respective SEBI Regulations and the Code of Conduct laid down by SEBI. Code of Conduct: The intermediary and its directors, officers, employees, and key management personnel shall continuously abide by the code of conduct prescribed by SEBI. Compliance Officer: They must appoint a compliance officer for monitoring compliance with the requirements of the SEBI Act, rules, regulations, notifications, guidelines, circulars, and orders issued by SEBI, the Central Government, or stock exchanges. Annual Compliance Certificate: An intermediary shall provide SEBI with an annual certificate from its compliance officer on the 1st April of each year, certifying: Compliance with all obligations, responsibilities, and eligibility criteria on a continuous basis. That all disclosures made in Form A and under relevant regulations are true and complete. Display of Certificate: Each intermediary shall prominently display a photocopy of the compliance certificate at all its offices, including branch offices. Investor Grievance Redressal: They shall prominently display the name and contact details of the compliance officer for investor complaints. They must make endeavors to redress investor grievances promptly, not later than 45 days of receipt, and comply with SEBI's directions for redressal. Maintenance of Records: They must maintain such books, accounts, and records as specified in the relevant regulations. No Misleading Advice: An intermediary, its directors, officers, employees, or key management personnel shall not render investment advice in publicly accessible media without disclosing their interest (direct or indirect, including long or short position) in the security. Net Worth Requirement: They must comply with the net worth requirement as specified by SEBI for their respective category. These obligations ensure that intermediaries operate with integrity, transparency, and accountability, contributing to a fair and efficient capital market.
Topics: Capital Market
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