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Securities and Exchange Board of India (SEBI): A brief Introduction

Securities and Exchange Board of India

Introduction

The Securities and Exchange Board of India (SEBI) is the apex regulatory authority for the securities market in India. Established to protect investor interests and ensure the orderly development and regulation of the securities market, SEBI plays a pivotal role in maintaining market integrity and transparency. Its significance makes it a frequent topic in competitive examinations.

Key Facts about SEBI

AspectDetails
Full FormSecurities and Exchange Board of India
Established1988 (Statutory powers since 1992)
Statutory StatusSEBI Act, 1992
HeadquartersMumbai, Maharashtra
Parent MinistryMinistry of Finance, Government of India
TypeStatutory, Quasi-legislative, Quasi-judicial, Quasi-executive
Current ChairmanAppointed by Government of India

Historical Background

  • Before SEBI, the Controller of Capital Issues (CCI) regulated the securities market under the Capital Issues (Control) Act, 1947.

  • The rapid growth of the securities market and several scams in the 1980s highlighted the need for a unified, empowered regulator.

  • SEBI was established in 1988 and granted statutory powers through the SEBI Act, 1992, following the Harshad Mehta scam.

Objectives of SEBI

ObjectiveDescription
Investor ProtectionSafeguard the interests of investors and ensure fair practices in the securities market.
Market DevelopmentPromote the development of a robust, efficient, and modern securities market.
Market RegulationRegulate the functioning of the securities market and its intermediaries.
Prevention of MalpracticesPrevent fraudulent and unfair trade practices, including insider trading and price rigging.
Ensuring TransparencyEnforce timely and accurate disclosures by listed companies.

Powers of SEBI

Power TypeDescription
Quasi-LegislativeDrafts regulations and guidelines for the securities market.
Quasi-JudicialConducts inquiries, passes rulings, and imposes penalties for violations.
Quasi-ExecutiveInvestigates violations, collects evidence, and enforces compliance.
Civil Court PowersCan summon individuals, inspect documents, and conduct search and seizure operations.
RegulatoryRegisters and regulates intermediaries, mutual funds, and various market participants.

Functions of SEBI

Function TypeKey Activities
RegulatoryRegulates stock exchanges, brokers, sub-brokers, mutual funds, depositories, and other intermediaries.
DevelopmentalPromotes investor education, training of intermediaries, and adoption of new technologies in the market.
ProtectiveProhibits insider trading, price rigging, and fraudulent activities; ensures investor safety and fair disclosures.
JudicialInvestigates market misconduct and takes action against violators.
AdvisoryAdvises the government on securities market policies and improvements.

SEBI Organizational Structure

Position/BodyAppointment/Role
ChairmanAppointed by the Government of India
Members– 2 from Ministry of Finance
– 1 from Reserve Bank of India
– 5 nominated by Government (at least 3 full-time)
DepartmentsOver 20 specialized departments handling various aspects of market regulation

SEBI and Investor Protection

  • SEBI ensures investor protection by enforcing strict disclosure norms, prohibiting insider trading, and acting against fraudulent practices.

  • Investor education and grievance redressal mechanisms are integral to SEBI’s mandate.

SEBI and Market Intermediaries

  • SEBI registers and regulates stock brokers, merchant bankers, portfolio managers, mutual funds, depositories, and credit rating agencies.

  • Ensures fair competition and professional standards among intermediaries.

SEBI Act, 1992: Key Features

FeatureDescription
Statutory PowersSEBI empowered to regulate and develop the securities market.
Investor Protection FundEstablished to compensate investors in case of losses due to fraud.
EnforcementSEBI can investigate, impose penalties, and initiate legal proceedings against violators.
Appellate MechanismSecurities Appellate Tribunal (SAT) hears appeals against SEBI’s orders.

Importance of SEBI in the Indian Financial System

  • Maintains market integrity and boosts investor confidence.

  • Facilitates capital formation and economic growth.

  • Aligns Indian securities market practices with global standards.

Frequently Asked Questions (FAQs)

QuestionAnswer
When was SEBI established?1988 (statutory powers since 1992 under SEBI Act, 1992)
What is the main objective of SEBI?Protecting investor interests, regulating and developing the securities market.
Who appoints the SEBI chairman?Government of India
What are SEBI’s main functions?Regulatory, developmental, and protective functions in the securities market.
What is SAT?Securities Appellate Tribunal, which hears appeals against SEBI’s decisions.