The regulatory framework governing demat accounts in India
Demat accounts have become an essential part of the Indian securities market, providing investors with a secure and efficient way to hold and trade securities. The regulatory framework governing demat accounts in India is governed by the Securities and Exchange Board of India (SEBI), the regulatory body for the securities market in India. SEBI has issued several regulations and guidelines to ensure the demat account system’s proper functioning.
SEBI has issued the Depositories Act, 1996, which governs depositories and the demat account system. Depositories are institutions that hold electronic securities on behalf of investors. The Depositories Act requires depositories to be registered with SEBI and sets out guidelines for their functioning. In addition to the Depositories Act, the Act provides for the establishment of Depository Participants (DPs), which act as intermediaries between the depository and the investors. The DPs open and maintain demat-based accounts for investors.
SEBI has also issued several guidelines for demat accounts. One such guideline is the SEBI (Depositories and Participants) Regulations, 2018. These regulations set out the eligibility criteria for becoming a DP, the responsibilities of DPs, and the procedures for opening and closing demat accounts. The regulations also specify the requirements for securities transfer and the procedure for pledging securities held in demat accounts.
In addition to SEBI regulations, the Reserve Bank of India (RBI) has also published guidelines for demat accounts. The RBI has issued a Master Circular on Know Your Customer (KYC) norms for Anti-Money Laundering (AML) standards and prevention of money laundering. This circular provides guidelines for KYC norms followed by DPs while opening demat accounts. The RBI has also issued guidelines for reporting suspicious transactions to the Financial Intelligence Unit (FIU) of India.
SEBI has also set up a system for monitoring and enforcing compliance with demat account regulations. SEBI has appointed Registrars to Depositories (RTAs) to monitor DPs and depositories. The RTAs ensure that DPs comply with demat account regulations. SEBI also inspects depositories and DPs to ensure compliance with regulations.
SEBI has also set up a grievance redress mechanism for investors. The SEBI has appointed the National Securities Depository Limited (NSDL) and the Central Depository Services (India) Limited (CDSL) as depositories to provide demat account services. These depositories have set up a system for handling investor complaints and grievances related to demat accounts. The depositories have also put up a system for resolving disputes between investors and DPs.
In conclusion, the regulatory framework governing demat accounts in India is governed by SEBI, which has issued several regulations and guidelines for depositories and DPs. The SEBI regulations specify the eligibility criteria for becoming a DP, the responsibilities of DPs, and the procedures for opening and closing demat-based accounts.