Chapter VII - RIGHTS AND OBLIGATIONS OF DEPOSITORIES, PARTICIPANTS, ISSUERS, MANNER OF SURRENDER OF CERTIFICATE OF SECURITY AND CREATION OF PLEDGE OR HYPOTHECATION (From Regulation 40 to Regulation 82AA)
Regulation 79 - Manner of creating pledge or hypothecation
Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018 Chapter VII RIGHTS AND OBLIGATIONS OF DEPOSITORIES, PARTICIPANTS, ISSUERS, MANNER OF SURRENDER OF CERTIFICATE OF SECURITY AND CREATION OF PLEDGE OR HYPOTHECATION
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Creation of pledge or hypothecation requires depository registration and pledgee concurrence before transfer. Creation of a pledge or hypothecation requires a beneficial owner's application through the participant, participant verification and forwarding, and depository registration after concurrence of the pledgee or hypothecatee. The depository must notify participants of registration or refusal with reasons. Cancellation of entries requires prior concurrence of the pledgee. Upon invocation, the pledgee or, with required concurrence, the hypothecatee is to be registered as beneficial owner and participants must update records. Transfers of securities subject to a notice or entry of pledge or hypothecation are prohibited without the pledgee's or hypothecatee's concurrence.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Creation of pledge or hypothecation requires depository registration and pledgee concurrence before transfer.
Creation of a pledge or hypothecation requires a beneficial owner's application through the participant, participant verification and forwarding, and depository registration after concurrence of the pledgee or hypothecatee. The depository must notify participants of registration or refusal with reasons. Cancellation of entries requires prior concurrence of the pledgee. Upon invocation, the pledgee or, with required concurrence, the hypothecatee is to be registered as beneficial owner and participants must update records. Transfers of securities subject to a notice or entry of pledge or hypothecation are prohibited without the pledgee's or hypothecatee's concurrence.
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