Presentation On Custodian and Custodial Services
Presentation On Custodian and Custodial Services
Presentation On Custodian and Custodial Services
DARSHAN-964 VIREESH-985
INTRODUCTION
The custodians of securities who provide custodial
services play a critical role in the secondary market. According to the SEBI regulations, custodial services in relation to securities mean (i) safe-keeping of the securities of a client who enters into an agreement to avail of these securities and (ii) providing services incidental thereto, including:
respect of securities; Keeping him informed of the actions taken/ to be taken by the issuer of securities, having a bearing on the benefits/ rights accruing to him; Maintaining and reconciling records of the services referred to above
Registration
Registration with SEBI is mandatory Application in prescribed form must be filed along
with application fee of Rs. 1,00,000 Requirements: Applicant must have net worth of Rs.50crores Applicant must be a body corporate Has to pay an annual fee of Rs.10 crores or 0.01%of the net worth
any such accruals of income received / collected by him on behalf of his clients, on the securities held in custody. Be continuously accountable for the movement of securities in/out of custody account, deposit and withdrawal of cash from the clients accounts and provide complete audit trail whenever called by the client/SEBI
affairs. Take precautions to ensure that, where records are electronically maintained, continuity in record keeping is not lost / destroyed, and sufficient backup of the records is available.
of systems/ controls Prohibition of assignment Separate custody account and agreement with clients Internal controls Maintenance of records Appointment of compliance officer Information to SEBI
investigation, including inspection by an auditor of the books, of accounts /records /documents /of custodians for any of the following purposes: To ensure that they are being maintained in the manner specified in these regulations. To investigate into complaints received from the investors/clients/any other person on any matter having a bearing on his activities To ascertain compliance with the provisions of the SEBI Act and these regulations.
Suspension of Registration:
Failure to furnish any information required by the
SEBI/furnishing false/ misleading information in material particular. Non-submission of periodic returns / reports required by the SEBI. Non-cooperation in any enquiry / inspection by the SEBI. Failure to update its systems/ procedures as recommended by the SEBI. Failure to pay annual fees Guilty of misconduct / breach of code of conduct
Cancellation of Registration:
The SEBI can cancel the Registration of a
custodian when 1. It is guilty of fraud or has been found convicted of an offence involving moral turpitude, and 2. It has been guilty of repeated default of the nature, leading to suspension.
Contd..
4. Advise all other clients about the facility to settle
a) b) c) d)
their trades through the clearing house/ clearing corporation, stressing on advantages such as Time bound rectification of objections No shortages Reduction of risk Cost efficiency
Thank You