Write short notes on the following: Appointment of compliance officer by intermediaries.
CS Executive · Securities Laws and Capital Markets · PYQS · June 2023
Write short notes on the following: Appointment of compliance officer by intermediaries.
Answer & Explanation:
Appointment of Compliance Officer by Intermediaries: The appointment of a compliance officer is a mandatory requirement for intermediaries registered with SEBI, as stipulated by various SEBI regulations (e.g., SEBI (Intermediaries) Regulations, 2008, and specific regulations for merchant bankers, portfolio managers, etc.). Role and Responsibilities: A compliance officer is a senior-level employee appointed by the intermediary primarily for: Monitoring Compliance: Ensuring that the intermediary complies with the requirements of the SEBI Act, rules, regulations, notifications, guidelines, circulars, and orders issued by SEBI or the Central Government. Adherence to Bye-laws: Ensuring compliance with the rules, regulations, and bye-laws of the concerned stock exchanges or the self-regulatory organization (SRO), where applicable. Reporting: The compliance officer shall report to the intermediary or its Board of Directors, in writing, any material non-compliance by the intermediary. Exemption: An intermediary may not be required to appoint a compliance officer if it is not carrying on the activity of the intermediary (e.g., if its registration is dormant or it has ceased operations). Annual Certification: The compliance officer is also responsible for providing SEBI with an annual certificate (by April 1st each year) certifying: The intermediary's continuous compliance with all obligations, responsibilities, and eligibility criteria. That all disclosures made in Form A and under the relevant regulations are true and complete. This role is critical for maintaining regulatory adherence, fostering good governance, and protecting investor interests within the securities market.
Topics: Securities Market Intermediaries
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