Chapter V - RIGHTS AND OBLIGATIONS OF DEPOSITORIES, PARTICIPANTS, ISSUERS, MANNER OF SURRENDER OF CERTIFICATE OF SECURITY AND CREATION OF PLEDGE OR HYPOTHECATION (From Regulation 26 to Regulation 58C)
Regulation 58 - Manner of creating pledge or hypothecation
Securities And Exchange Board of India (Depositories And Participants) Regulations, 1996 Chapter V RIGHTS AND OBLIGATIONS OF DEPOSITORIES, PARTICIPANTS, ISSUERS, MANNER OF SURRENDER OF CERTIFICATE OF SECURITY AND CREATION OF PLEDGE OR HYPOTHECATION
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Pledge creation of dematerialised securities requires depository recording with pledgee concurrence and bars transfer without pledgee consent. Regulation 58 sets a procedural regime for creating, recording, cancelling and invoking a pledge or hypothecation in dematerialised securities: a beneficial owner applies through its participant which verifies availability; the depository records the pledge after pledgee concurrence and notifies participants; refusals must be reasoned; cancellations require application and pledgee concurrence; on invocation the depository registers the pledgee as beneficial owner and informs participants to amend records; hypothecation follows the same steps with prior concurrence of the hypothecator; transfers of securities subject to pledge or hypothecation require pledgee or hypothecatee 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.
Pledge creation of dematerialised securities requires depository recording with pledgee concurrence and bars transfer without pledgee consent.
Regulation 58 sets a procedural regime for creating, recording, cancelling and invoking a pledge or hypothecation in dematerialised securities: a beneficial owner applies through its participant which verifies availability; the depository records the pledge after pledgee concurrence and notifies participants; refusals must be reasoned; cancellations require application and pledgee concurrence; on invocation the depository registers the pledgee as beneficial owner and informs participants to amend records; hypothecation follows the same steps with prior concurrence of the hypothecator; transfers of securities subject to pledge or hypothecation require pledgee or hypothecatee concurrence.
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