FIM Unit-4 Notes
FIM Unit-4 Notes
AIGS
Unit-4
Security Exchange Board of India [SEBI]
Meaning of Regulators
Of or relating to a person or organization whose job is to control an activity or process or to
the regulations themselves.
Financial Regulatory Bodies in India
Financial regulators are government or non-governmental organizations responsible for
overseeing and regulating financial markets and institutions to ensure their stability, integrity,
and fair operation. They establish and enforce rules and regulations that govern various
aspects of the financial sector.
Financial Regulators in India
In India, the history of financial regulation is marked by the establishment of various
committees and regulatory bodies that have shaped the country’s financial sector. Here is a
precise description of some key milestones and committees related to financial regulation in
India:
Hilton Young Commission (1926)
The Hilton Young Commission was appointed to recommend reforms in India’s currency and
banking system. It led to the passing of the Reserve Bank of India Act in 1934, which
established the Reserve Bank of India (RBI) as the central banking institution.
Narasimham Committee I (1991)
The Narasimham Committee I was formed under the chairmanship of M. Narasimham to
assess and suggest reforms in the Indian financial system. It recommended measures to
strengthen the banking sector, including capital adequacy norms, asset classification, and
provisioning norms.
Securities and Exchange Board of India (SEBI) (1992)
SEBI was established as a statutory regulatory body under the Securities and Exchange
Board of India Act, 1992. It aimed to regulate and develop the securities market in India,
protecting the interests of investors and ensuring fair practices.
Narasimham Committee II (1998)
The Narasimham Committee II, chaired by M. Narasimham, focused on financial sector
reforms. It recommended measures such as reducing government interference, strengthening
banking supervision, encouraging consolidation, and addressing issues related to non-
performing assets.
Insurance Regulatory and Development Authority of India (IRDAI) (1999)
IRDAI was established under the Insurance Regulatory and Development Authority Act,
1999, to regulate and oversee the insurance industry. It aimed to protect the interests of
policyholders, promote insurance penetration, and ensure the stability of the insurance sector.
Pension Fund Regulatory and Development Authority (PFRDA) (2003)
PFRDA was set up under the PFRDA Act, of 2003, to regulate and develop the pension
sector in India. It aimed to promote retirement income security by introducing reforms such
as the National Pension System (NPS) and regulating pension funds and intermediaries.
Financial Sector Legislative Reforms Commission (FSLRC) (2011)
The FSLRC was constituted to review and recommend changes to the legislative framework
governing the financial sector. It proposed the creation of a unified financial regulatory
agency, the Indian Financial Code, and reforms in securities, insurance, and banking laws.
These committees and regulatory bodies played significant roles in shaping the financial
regulatory landscape in India. They brought about reforms to enhance the stability,
efficiency, and transparency of the financial sector, while also safeguarding the interests of
investors and promoting market development.
Role of Financial Regulators
Here are key points which highlight the roles performed by financial regulators:
Regulation and Supervision
Financial regulators establish and enforce rules, regulations, and standards to govern various
aspects of the financial industry.
They supervise financial institutions, including banks, insurance companies, securities firms,
and other entities, to ensure compliance with regulatory requirements.
Regulators conduct inspections, audits, and examinations to assess the financial health, risk
management practices, and compliance of regulated entities.
Licensing and Registration
Financial regulators issue licenses and registrations to financial institutions and
intermediaries to operate in the regulated sectors.
They evaluate the qualifications, competence, and integrity of applicants before granting
licenses.
Regulators maintain registers of licensed entities, ensuring transparency and accountability
in the financial system.
Investor Protection
Financial regulators enforce measures to protect the interests of investors and customers in
the financial markets.
They establish disclosure requirements, ensuring that investors receive accurate and timely
information about investment products, risks, and performance.
Regulators take action against fraudulent activities, market manipulation, and unfair trade
practices to safeguard investors’ rights.
Market Surveillance and Enforcement
Financial regulators monitor financial markets to detect and prevent market abuse, insider
trading, and other illegal activities.
They investigate complaints, market misconduct, and breaches of regulatory provisions.
Regulators have the authority to impose penalties, sanctions, and disciplinary actions against
violators of financial regulations.
Financial Stability and Systemic Risk Management
Financial regulators focus on maintaining overall financial stability and managing systemic
risks.
They assess and mitigate risks that could potentially disrupt the functioning of the financial
system or cause widespread economic harm.
Regulators work closely with central banks, government agencies, and international bodies
to coordinate efforts in crisis management and risk mitigation.
Policy Development and Guidance
Financial regulators contribute to the formulation and development of financial policies and
regulations.
They provide guidance, interpretations, and clarifications on regulatory matters to ensure
consistent compliance by regulated entities.
Regulators may propose reforms and recommend changes to existing laws and regulations to
adapt to evolving market conditions and challenges.
• Enforcing laws and regulations related to financial products and services, such
as consumer protection laws and anti-money laundering regulations
Financial regulators play a critical role in maintaining the stability, integrity, and efficiency
of the financial system. By establishing and enforcing rules and standards, these institutions
aim to protect consumers, promote fair competition, and prevent systemic risks.
Monetary Policy
Monetary policy is the process by which central banks manage the money supply to achieve
specific economic objectives, such as price stability, low inflation, and sustainable economic
growth.
This is typically achieved through tools such as open market operations, setting interest rates,
and reserve requirements.
Insurance Regulators
Insurance regulators oversee the insurance industry to ensure solvency and protect
policyholders.
They also establish standards for the treatment of policyholders and resolve disputes between
insurers and their customers.
The Office of the Comptroller of the Currency in the United States and the European
Banking Authority are examples of banking supervisory authorities.
What is SEBI? Structure & Functions
Introduction to SEBI
Established on April 12, 1992, the Securities and Exchange Board of India is a regulatory
body or organization operating under the umbrella of the Government of India (Ministry of
Finance).
Responsible for monitoring the national capital and the securities market, the headquarters of
SEBI or the Securities and Exchange Board of India are located in Mumbai, Maharashtra,
India. Working towards the regulation of the Indian capital and securities, this organization
has several roles and responsibilities that fall under its functions.
With a vision to protect the interests of the investors and an objective to develop the market
of securities, SEBI is headed by its chairman - Ajay Tyagi. Under the SEBI Act of 1992, the
board received its powers and roles from January 30, 1992.
6. Enforcement Department - 1
The Enforcement Department - 1 looks after appeals reported against SEBI in the
Securities Appellate Tribunal (SAT). The division operating under this department is
the Division of Regulatory Action.
7. Enforcement Department - 2
Similar to the functions of the Enforcement Department - 1, this department’s functions
too revolve around resolving matters registered with SAT.
The divisions working under the jurisdiction of this department are as follows-
• SAT Litigation Division
• Prosecution Division
• Settlement Division
• Recovery Division 1
• Recovery Division 2
• Recovery Division 3
• Special Enforcement Cell
15.Investigations Department
The Investigations Department is concerned with investigating and inspecting matters
of susceptible breach in the Securities Market. This department also provides the leads
to the Enforcement Department for further proceedings in the judicial realm.
16.Investment Management Department
This department deals with the management of financial investments in the Securities
Market.
17.Legal Affairs Department
The Legal Affairs Department is required to provide legal consultation to the board of
the organization and it handles the functions through the following divisions-
• Divisions of Policy- General
• Division of Policy and Regulatory Affairs for Commodity Derivatives.
• Division of Regulatory Assistance - General
• Division of Regulatory Assistance for Commodity Derivatives
23.Regional Offices
The regional offices are required to work along the lines of the organization’s vision
and report to the regional heads.
24.Vigilance Department
The Vigilation Department is headed by the Chief Vigilance Officer. The role of this
department is to detect mishappenings in the organization, put an end to corruption
within the organization, and take preventive measures for the same.
Evolution of SEBI
Primarily established as a non-statutory body in the year 1988, the Securities and Exchange
Board of India became independent on January 30, 1992, when the SEBI Act (1992) came
into existence.
Officially established in its present nature on April 12, 1992, SEBI is a government
organization that operates under the jurisdiction of the Ministry of Finance. Over time, the
organization has worked towards its vision of protecting the investors’ interests and
regulating the Securities Market.
Powers of SEBI
When it comes to the powers of SEBI, there are 3 main powers of the organization. They are
as follows-
1. Quasi-Judicial - The first and foremost power of this organization is that it has partial
judicial powers in declaring judgments in fraudulent matters or misconduct in the
Securities Market.
2. Quasi-Executive -The organization also has the power to incorporate rules and
implement legal actions in order to establish an environment of fairness and
transparency in the market. It can also take steps against violators.
3. Quasi-Legislative - The third power of SEBI falls in the legislative domain. The
organization has the power to formulate laws and regulations and frame guidelines in
order to protect the rights of investors and keep violations at bay.
What’s more, the operations of SEBI are overlooked by the Supreme Court of India and the
Securities Appellate Tribunal (SAT).
In this segment, we will discuss the various roles that the organization has in order to gain a
better insight into the same. Let’s get started! Here is a brief introduction to the roles and
responsibilities of the Securities and Exchange Board of India and various objectives of
SEBI.
1. The primary role of SEBI is to preserve the rights of investors in the Securities Market
and promote the development of securities in the domain.
2. It is responsible for providing a fair and transparent platform to share brokers, sub-
brokers, bankers, agents, merchants, advisers, and other professionals to take part in
the market and regulate its operations. One of the functions of SEBI is also to regulate
the functioning of securities, custodians of securities, and foreign investors.
3. SEBI is responsible for the prevention of frauds and misconducts in the Securities
market. It is also responsible for the prohibition of insider trading in the sphere.
4. The organization is required to impart investor education, trading regulations , and
educate investors about investment mediators too
5. It is responsible for the surveillance of shareholding and take-over of companies, or
even mergers in the corporate sphere. Another role of SEBI in the capital market is to
take care of research and development of the market round the clock.
Summing Up
To sum up, the Securities and Exchange Board of India is a statutory body that has its
headquarters located in Mumbai, Maharashtra, India. One of the most reputed and dignitary
set-ups from worldwide, SEBI is known for its preventive actions and regulations in order to
maintain vigil across the securities market.
Established on April 12, 1988, this body has been in function for over several decades and
continues to possess a visionary attitude in order to maintain discipline in the realm of the
securities market and related domains.
With more than 20 departments to conduct its operations around the country, SEBI holds a
firm position in the eyes of its people.
Insider Trading
Insider trading refers to the buying or selling of securities by individuals who have access to
non-public information about a company or its securities.
This information can be about financial performance, strategic plans, or other material events
that can significantly impact the price of the company's securities.
Such practice is illegal and considered a form of securities fraud. It weakens the integrity of
financial markets and harms other investors who do not have access to the same information.
Understanding insider trading is crucial for investors, traders, legal professionals, business
executives, students, and the general public.
Insider trading can have a significant impact on the financial markets, leading to a distortion of
market prices, discouraging other investors from trading, and reducing liquidity.
Ethical considerations for investors and traders include the importance of transparency,
IDEAL CLIENTS:
Business Owners, Executives & Medical Professionals
FOCUS:
Strategic Planning, Alternative Investments, Stock Options & Wealth Preservation
IDEAL CLIENTS:
Retirees, Immigrants & Sudden Wealth / Inheritance
FOCUS:
Retirement Planning, Personal finance, Goals-based Planning & Community Impact
Several regulations and laws govern insider trading, including the Securities Exchange Act of
1934, the Insider Trading and Securities Fraud Enforcement Act of 1988, the Sarbanes-
Oxley Act of 2002, and Dodd-Frank Wall Street Reform and Consumer Protection Act of
2010.
These laws provide a legal framework to ensure that investors have access to material
information and prevent insiders from taking advantage of non-public information.
The act also requires companies to file periodic reports with the SEC and disclose material
information to the public.
Insider Trading and Securities Fraud Enforcement Act of 1988
The Insider Trading and Securities Fraud Enforcement Act of 1988 amended the Securities
Exchange Act of 1934 to provide additional enforcement tools for insider trading violations.
The act increased penalties for insider trading, including fines, imprisonment, disgorgement of
profits, and civil penalties. It also extended the statute of limitations for insider trading from two
to five years.
The act provides additional protections for investors and requires companies to establish and
maintain internal controls and financial reporting procedures. It also mandates that CEOs and
CFOs certify the accuracy of financial statements.
The act requires companies to establish whistleblower programs and provides protections for
whistleblowers who report insider trading violations.
This section will explore the types of illegal trading activities, the penalties and consequences of
insider trading, and the exceptions to insider trading.
Illegal Trading
Illegal trading activities can include tipping off others, misappropriating information, and
trading based on material non-public information. Tipping off others involves disclosing non-
public information to another party, who then uses that information to buy or sell securities.
Trades based on public information are trades that are made based on information that is
available to the general public. However, even with these exceptions, individuals must still
ensure that their trading activities comply with all applicable regulations and laws governing
insider trading.
Companies may have additional policies and procedures in place to prevent insider trading, and
individuals should seek advice from legal professionals if they are unsure about the legality of
their trading activities.
It can also harm market efficiency by discouraging other investors from trading and reducing
liquidity.
It can affect the stock price of a company. When insiders buy or sell shares based on privileged
information, the market may interpret this as a signal of the company's future prospects, leading
to a change in the stock's value.
This can cause fluctuations in the market and create uncertainty for investors.
Lastly, insider trading can lead to illegal activity and be harmful to investors. The Securities and
Exchange Commission (SEC) has established regulations to prevent insider trading and to
ensure that all investors have equal access to information.
Violations of these regulations can result in fines, penalties, and even imprisonment.
Investors and traders have a responsibility to act ethically and avoid engaging in illegal activities
such as insider trading. Ethical considerations include the importance of transparency, fairness,
and ensuring a level playing field for all investors.
They should be aware of the regulations and laws governing insider trading and seek advice
from legal professionals if they are unsure about the legality of their trading activities.
When insider trading occurs, prices may not reflect all available information, leading to
distortions in the market. This can lead to a misallocation of resources and harm market
efficiency.
Companies also provide training and education on insider trading to ensure that their employees
understand the legal and ethical implications of insider trading. Monitoring and reporting
suspected insider trading is essential to prevent illegal activities.
The training should cover the regulations and laws governing insider trading, the penalties for
violating insider trading laws, and ethical considerations for investors and traders.
Other remedies
Conduct Due Diligence .
Take extra care out side of the office .
Clearly define Sensitive non public Information.
Never disclose non-public information to out siders.
Don’t Recommend or induce based on inside information.
Be cautious in Informal or Social Settings.
Promptly report any concerns.
Watch out for irregular trading patterns.
Organise back out periods.
Famous Cases of Insider Trading
Insider trading has been a focus of law enforcement for many years, and several high-profile
cases have made headlines.
These cases have involved well-known individuals and companies, highlighting the importance
of upholding the law and the potential consequences of violating insider trading regulations.
She was found guilty of selling shares of a company called ImClone Systems after receiving
non-public information about an FDA decision that was expected to negatively affect
the company's stock price.
He was sentenced to 11 years in prison and ordered to pay a fine of $92.8 million. Rajaratnam
was found to have made over $50 million in illegal profits by trading on non-public information
about companies such as Goldman Sachs and Intel.
Cohen was not charged with a crime, but the case highlighted the importance of
upholding ethical standards in the financial markets and the potential consequences of insider
trading violations