FR Notes
FR Notes
FR Notes
Introduction
SEBI is also known as the Security and Exchange Board of India was
established on 12 April 1992 through the SEBI Act, 1992. It was a non-
statutory body established to regulate the securities market. The
headquarters of the board is situated in Bandra Kurla Complex, Mumbai.
SEBI helps in regulating the Indian Capital Market by protecting the interest
of investors and establishing the rules and regulations for the development of
the capital market.
Investors
The investors are the soul of the market as they keep the market alive by
providing accurate supplies, correct information, and protection to the people
on a daily basis. SEBI helps investors by creating a malpractice free
environment to attract and protect the money of the people who invested in
the market.
Financial Intermediaries
The intermediaries are the people who act as middlemen between the issuers
and the investors. SEBI helps in creating a competitive professional market
which gives a better service to the issuers and the investors. They also
provide efficient infrastructure and secured financial transactions.
Functions of SEBI
SEBI basically protects the interest of the investors in the security market,
promotes the development of the security market and regulates the
business. The functions of the Security and Exchange Board of India can
primarily be categorized into three parts:
Protective Function
Protective functions are used to protect the interest of investors and other
financial participants. These functions are:
Prevent Insider Trading: When the people working in the market like
director, promoters or employees working in the company starts to
buy or sell the securities because they have access to the
confidential price which results in affecting the price of the security
is known as insider trading.
Checks price rigging: The malpractices which create unreasonable
fluctuations in the price of the securities with the help of increasing or
decreasing the market price of stocks which results in an immense loss for
the investors or traders are known as price rigging
Checks price rigging: The malpractices which create unreasonable
fluctuations in the price of the securities with the help of increasing or
decreasing the market price of stocks which results in an immense loss for
the investors or traders are known as price rigging
Regulatory Function
Regulatory functions are generally used to check the functioning of the
financial business in the market. They establish rules to regulate the financial
intermediaries and corporates for the efficiency of the market. These
functions are:
Development Function
The development functions are the steps taken by SEBI to improve the
security of the market through technology. The functions are:
Features of SEBI
Sebi is an organization that is responsible for maintaining an environment
that is free from malpractices to restore the confidence of the general public
who invest their hard-earned money in the market. SEBI controls the bylaws
of every stock exchange in the country. SEBI keeps an eye on all the books
of accounts related to the stock exchange and financial intermediaries to
check their irregularities. The features of the Security and Exchange Board of
India are given below:
Quasi-Judicial
SEBI is allowed to conduct hearings and can pass judgments on unethical
cases and fraudulent trade practices. This feature of SEBI helps to protect
transparency, accountability, reliability, and fairness in the capital market.
Quasi-Legislative
SEBI is allowed to draft legislatures with respect to the capital market. SEBI
drafts rules and regulations to protect the interests of the investors. For eg:
SEBI LODR or Listing Obligation and Disclosure Requirements. This helps in
consolidating and streamlining the provisions of existing listing agreements
for several segments of the financial market like equity shares. This helps in
protecting the market from malpractices and fraudulent trading activities
happening at the bay.
Quasi-Executive
SEBI covers the implementation of the legislation. They are allowed to file a
complaint against any person who violates their rules and regulations. They
also have the power to inspect all the books and records to check for
wrongdoings.
Penalty for fraudulent and unfair trade practices. - If any person indulges in
fraudulent and unfair trade practices relating to securities, he shall be liable to a
penalty of twenty-five crore rupees or three times the amount of profits made
out of such practices, whichever is higher.
The Act tries to add new types of offences that are neither
mentioned in the Indian Penal Code, 1860 nor in the Protection of
Civil Rights Act, 1955.
Offences can only be committed by certain individuals, e.g.
barbarity against SCs or STs can be committed only by non-SCs.
This Act does not apply to crimes committed between SCs and STs
or between STs and SCs. In Kanubhai M. Parmar v. State of
Gujarat (2000), the Court ruled that persons belonging to the
Scheduled Caste or Scheduled Tribe who commit a crime against
another Scheduled Caste or Scheduled Tribe cannot be prosecuted
or punished as per the Act.
There are 37 offences [offences mentioned in sub-section (1) and
(2) of Section 3] included in the Act that involve patterns of
behaviour inflicting criminal offences and breaking the self-respect
and esteem of the scheduled castes and tribes community. Among
these are the denial of economic, democratic, and social rights, as
well as exploitation and abuse of the legal system.
Different types of atrocities committed against SCs/STs are defined
under the Act and strict penalties are prescribed for such atrocities
[Section 3(1) (i) to (xv) and 3(2) (i) to (vii) of the Act]. The
Penalties for public servants are enhanced in some cases.
Punishment for public officials who are delinquent in performing
their duties. [Section 3(2) (vii) of the Act].
Attachment and forfeiture of property. [Section 7 of the Act].
PUNISHMENT
Section 4 of the Act outlines the penalties for atrocity crimes. If an upper caste member
commits an offence against a lower caste member, that person will be punished under
section 4 of the act. Sections 3 (1) I to (xv) and 3 (2) I to (viii) outline various heinous crimes
and give various punishments and remedies.
Section 3 (2) lists major offences such as creating false evidence and causing the execution
of an innocent SC/ST, among others, with penalties ranging from seven years to life in prison
or death. The crimes can only be committed by those who are neither SCs nor STs.
Any public servant who is not a SC or ST who intentionally neglects duties under this Act
would be sentenced to a minimum of six months and a maximum of one year in prison.
Section 7 permits the seizure of the captive's property in favor of the state. The property
might be attached during the trial and then surrendered after the conviction
Fundamental principle
Under FEMA, the general principle is that all current account transactions are permitted
unless expressly prohibited and all Capital account transactions are prohibited unless
expressly permitted. (see Sections 5 and 6 of FEMA)
“Capital account transaction” means a transaction which alters the assets or liabilities,
including contingent liabilities, outside India of persons resident in India or assets or liabilities in
India of persons resident outside India, and includes transactions referred to in sub-section (3) of
section 6;[14]
It generally refers to Capital inflows like Equities, Grants and Debt. Inflows within the country are
called as 'Foreign Direct Investment' (FDI). Capital debt is termed - External Commercial
Borrowings (ECB).
Equity outflows are termed as 'Foreign outbound investment' .
Any corporate entity receiving FDI or making an outbound investment has to file an annual FEMA
return called as Foreign Liabilities and Assets (FLA).
Main features
Activities such as payments made to any person outside India or receipts from them,
along with the deals in foreign exchange and foreign security is restricted. It is FEMA
that gives the central government the power to impose the restrictions.
Free transactions on current account subject to reasonable restrictions that may be
imposed.
“Without general or specific permission of FEMA, MA restricts the transactions
involving foreign exchange or foreign security and payments from outside the country
to India – the transactions should be made only through an authorized person”.
Deals in foreign exchange under the current account by an authorized person can be
restricted by the Central Government, based on public interest generally.
Although selling or drawing of foreign exchange is done through an authorized
person, the RBI is empowered by this Act to subject the capital account transactions
to a number of restrictions.
Residents of India will be permitted to carry out transactions in foreign exchange,
foreign security or to own or hold immovable property abroad if the currency, security
or property was owned or acquired when he/she was living outside India, or when it
was inherited by him/her from someone living outside India.
Regulations/Rules under FEMA
As per Section 13 (1A), if any person is found to have acquired any foreign exchange, foreign
security or immovable property situated outside India of the aggregate value exceeding the
prescribed threshold under section 37A, he shall be liable to a penalty up to three times the sum
involved in such contravention and direct confiscation of value equivalent to foreign exchange,
security and money or property situated in India. Also, the offence is punishable with
imprisonment for a term which may be extended to 5 years with fine (Section 13 (1C)).
Under Section 13 (1B), the Adjudicating Authority if deems fit, may recommend the initiation of
the prosecution after recording the reasons in writing. And if the Director of Enforcement is
satisfied, he may after recording the reasons in writing, direct the prosecution of the guilty person
by filing a criminal complaint by an officer not below the rank of assistant director.
The Adjudicating Authority under Section 13(2), adjudging the contravention under section 13
(1), may in addition to any penalty, direct that any currency, security or any money or property in
respect of which the contravention has taken place shall be confiscated to Central Government
and if the contravener holds any foreign exchange, it shall be brought back to India or retained
outside as per the direction made in this behalf.
If the person contravening the provisions of the Act fails to make full payment of the penalty
imposed on him under Section 13 within the period of 90 days from the date on which notice of
such penalty is served on him, he shall be liable to civil imprisonment under this section.
Initially, the main decisions related to interest rates were taken by the Governor of RBI alone
before the establishment of the committee. MPC was constituted under the Reserve Bank of
India Act, 1934 as an initiative to bring more transparency and accountability in fixing the
Monetary Policy of India. MPC conducts meetings at least 4 times a year and the monetary
policy is published after every meeting with each member explaining his opinions.
Instruments of Monetary Policy
There are both direct and indirect instruments used for implementing monetary policy.
Few include:
Repo rate
Reverse Repo rate
Liquidity Adjustment Facility (LAF)
Marginal Standing Facility (MSF)
Corridor
Bank Rate
Cash Reserve Ratio (CRR)
Statutory Liquidity Ratio (SLR)
Open Market Operations (OMOs)
Market Stabilisation Scheme (MSS)
Q5)What is IBC?
IBC (Insolvency and Bankruptcy Code) is one of the biggest insolvency reforms that the
parliament implemented in November 2016 to bring uniformity to India’s scattered
bankruptcy laws. IBC got its Presidential assent in May 2016 and was necessitated due to
piling up of non-performing assets of banks and delay in debt resolution.
The IBC proceedings are regulated by the Insolvency and Bankruptcy Board of India (IBBI).
The IBBI has 10 members from the Law Ministry, Finance Ministry and the Reserve Bank of
India to oversee the proceedings.
IBC aims to reorganise and resolve the insolvency of corporations, individuals, and
partnerships in a time-bound manner.
The sole intention of the Insolvency and Bankruptcy Code, 2016 is to provide a
justified balance between
the loss that a creditor might face because of the default, and
the interest of all the stakeholders of the company so that they enjoy credit
availability.
What are the objectives of IBC?
To consolidate all existing insolvency laws in India and make amends if needed.
To make the process of Insolvency and Bankruptcy Proceedings in India simple and
fast
To help creditors who have been waiting for the payments for a long time get
necessary relief
To promote entrepreneurship
2. Regulator of Insolvency:
The Code lays down that the Insolvency and Bankruptcy Board of
India shall oversee the proceedings related to insolvency in the nation
and also regulate all the organizations that have been registered by the
board. The Insolvency and Bankruptcy Board shall consist of ten
members, which would also include the representatives of the Law and
Finance ministries as well as the RBI (Reserve Bank of India)
5. Procedure:
An insolvency plea is given to the authority that adjudicates (incorporate
debtor’s case it is NCLT) by operation or financial creditors or the corporate
debtor. The plea can be accepted or rejected in a maximum time period of
fourteen days.
Before enacting the Insolvency and Bankruptcy Code, 2016 ("Code"), the law governing
insolvency and bankruptcy was multitudinous. The erstwhile framework created ambiguity
leading to problems like multiple forums and lack of business or financial expertise. A company
may adopt a successful business model although, it may fail to repay its creditors. The
1.SECURITIES
capital in public and private markets. There are primarily three types of
Debt Securities
A debt security represents borrowed money that must be repaid, with
terms that stipulate the size of the loan, interest rate, and maturity or
renewal date.
Hybrid Securities
Hybrid securities, as the name suggests, combine some of the
characteristics of both debt and equity securities. Examples of hybrid
securities include equity
Derivative Securities
A derivative is a type of financial contract whose price is determined by the
value of some underlying asset, such as a stock, bond, or commodity.
Among the most commonly traded derivatives are call options, which gain
value if the underlying asset appreciates, and put options, which gain
value when the underlying asset loses value.
Asset-Backed Securities
An asset-backed security represents a part of a large basket of similar
assets, such as loans, leases, credit card debts, mortgages, or anything
else that generates income. Over time, the cash flow from these assets is
pooled and distributed among the different investors.
2What Is a Derivative?
The term derivative refers to a type of financial contract whose value is
dependent on an underlying asset, group of assets, or benchmark. A
derivative is set between two or more parties that can trade on an
exchange or over-the-counter (OTC).
Types of Derivatives
Derivatives today are based on a wide variety of transactions and have
many more uses. There are even derivatives based on weather data, such
as the amount of rain or the number of sunny days in a region.
Futures
A futures contract, or simply futures, is an agreement between two parties
for the purchase and delivery of an asset at an agreed-upon price at a
future date. Futures are standardized contracts that trade on an exchange.
Traders use a futures contract to hedge their risk or speculate on the price
of an underlying asset. The parties involved are obligated to fulfill a
commitment to buy or sell the underlying asset
Forwards
Forward contracts, or forwards, are similar to futures, but they do not trade
on an exchange. These contracts only trade over-the-counter. When a
forward contract is created, the buyer and seller may customize the terms,
size, and settlement process. As OTC products, forward contracts carry a
greater degree of counterparty risk for both parties.
Swaps
Swaps are another common type of derivative, often used to exchange
one kind of cash flow with another. For example, a trader might use
an interest rate swap to switch from a variable interest rate loan to a fixed
interest rate loan, or vice versa
Options
An options contract is similar to a futures contract in that it is an agreement
between two parties to buy or sell an asset at a predetermined future date
for a specific price.