Explain various types of civil quasi-judicial actions/proceedings, which the Securities and Exchange Board of India (SEBI) is empowered to initiate to protect the interest of investors and to regulate the securities mark
CS Professional · Secretarial Audit, Compliance Management and Due Diligence · PYQS · December 2023
Explain various types of civil quasi-judicial actions/proceedings, which the Securities and Exchange Board of India (SEBI) is empowered to initiate to protect the interest of investors and to regulate the securities market.
Answer & Explanation:
Securities and Exchange Board of India (SEBI) is empowered to initiate three types of civil quasi-judicial actions under governing legislations: Adjudication proceedings: Under Chapter VIA of the SEBI Act, 1992 read with the SEBI (Procedure for Holding Inquiry and Imposing Penalties by Adjudicating Officer) Rules, 1995 (and under the analogous provisions of the Securities Contracts (Regulation) Act, 1956 (SCRA) and Depositories Act and Rules issued thereunder). As per section 15-I of the SEBI Act, for the purpose of adjudging under sections 15A, 15B, 15C, 15D, 15E, 15EA, 15EB, 15F, 15G, 15H, 15HA and 15HB, the Board may appoint any of its officers not below the rank of a Division Chief to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty. Enquiry Proceedings: Under Chapter V of SEBI (Intermediaries) Regulations, 2008 may inter alia result in suspension/cancellation of certificate of registration of the registered intermediary. Proceedings before the Board: The power of issuing directions including under Section 11, 11B, 11D of the SEBI Act (and under the analogous provisions of the SCRA and Depositories Act) has been delegated to the whole time member (WTM). After making or causing to be made an enquiry, if the Board is satisfied that it is necessary to take any measures, the WTM may issue such directions as deemed appropriate.
Topics: SEBI Act, 1992
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