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Circulars
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Allotment of Code to MCX Stock Exchange Limited
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Code allotment following recognition of a new stock exchange requires exchanges to notify trading and clearing members for settlement.
Recognition of a newly recognised stock exchange was followed by formal code allotment, enabling the exchange to participate in trading and settlement infrastructure. Stock exchanges are instructed to communicate the code assignment to their trading and clearing members so that trading, routing and settlement processes correctly reflect the newly allotted code.
Dissemination of further information about FII activity
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Disclosure of overseas securities lending by FIIs required daily to SEBI for consolidated public dissemination and monitoring.
FIIs must report quantities of securities lent abroad that underlie Overseas Derivative Instruments or effect short/synthetic short positions, using prescribed formats for cash and derivatives (Annexures A and B). These reports must be submitted daily to SEBI via [email protected] for collation and public dissemination; custodians are to notify their FII constituents and the circular is available on SEBI's website.
FII investments in Debt Securities
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FII debt investment limit increase allows allocations on a first come first served basis and removes the equity debt ratio restriction.
The Government increased the cumulative limit for FII investments in corporate debt, and SEBI allocated the enhanced capacity to registered FIIs on a first come first served basis with a per entity ceiling; requests were to be sent to a dedicated SEBI email mailbox opening at 23:59 IST on October 20, 2008. SEBI also removed the regulation 15(2) restriction imposing a fixed equity to debt ratio, permitting FIIs immediate flexibility to allocate between equity and debt, with formal regulatory amendments to follow and custodians instructed to notify their FII clients.
Revised Exposure Margin for Exchange Traded Equity Derivatives
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Exposure margin adjustment for equity derivatives raises minimum requirement while retaining a volatility linked margin component.
The circular revises exposure margin for exchange-traded equity derivatives so that margin for notional gross open positions in single stock futures and gross short open positions in stock options is the higher of an increased fixed minimum or 1.5 times the standard deviation of daily logarithmic returns of the stock price, altering the margin computation for those instruments as a market-safety measure under regulatory powers to protect investors.
Removal of restrictions on ODIs
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Removal of restrictions on ODIs expands permitted use and signals regulatory amendment to FII regulations and custodial notice.
SEBI lifted restrictions on ODIs, effective from the close of market hours on October 07, 2008; custodians were directed to inform their FII constituents and SEBI indicated that amendments to the FII regulations would be effected, with the circular available on its website.
Eligibility criteria for introduction of derivatives on shares
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Derivative eligibility criteria: Exchanges may list derivatives on shares meeting prescribed criteria regardless of listing date or issue size.
Exchanges may introduce derivatives on shares that satisfy the eligibility criteria in the Circular dated July 16, 2004 irrespective of the shares' date of listing or size of the issue; the earlier arrangement linking introduction at listing to a specified net public offer threshold is superseded. The circular is issued under sub section (1) of section 11 of the SEBI Act to protect investors and to promote and regulate the securities market.
Applications Supported by Blocked Amount (ASBA) facility in Rights Issues
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ASBA facility in rights issues: shareholders may apply via blocked bank funds pending registrar validation and allotment.
Extension of ASBA to rights issues allows eligible shareholders on the record date who hold dematerialised shares, have not renounced entitlements, and apply through SCSB-linked bank accounts to select ASBA on the application form; the SCSB blocks the specified application money and transmits application data to the Registrar, who validates applications, finalises the basis of allotment, and instructs release of funds to the issuer only after confirming prescribed minimum subscription under applicable guidelines.
Amendments to Equity Listing Agreement
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Rights issue notice periods and consolidated results requirement tighten listing obligations, enhancing disclosure and valuation fairness.
Amendments require shorter, specified advance notices to stock exchanges and transfer book closure for rights issues; mandate independent merchant bankers' fairness opinions for valuations in mergers to be provided to shareholders; permit filing of consolidated quarterly results within two months while standalone results remain due within one month, with publication limited to consolidated results where elected and access to standalone figures ensured; require limited review reports for last quarter unaudited submissions and board placement of limited review reports only where post review variations exceed the prescribed threshold; and update formats, accounting references and auditor report templates. Applicability is immediate, with some consolidated publication rules effective from the second quarter.
Effective date of ASBA Process and clarification on clause 2.8 of SEBI (Disclosure and Investor Protection (DIP)) Guidelines, 2000
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Firm arrangement of finance requirement relaxed for mega projects when in-principle sanctions and promoter guarantee conditions are met.
Debt funding from financial institutions/banks qualifies as a firm arrangement of finance only upon final sanction letters. For specified mega projects, clause 2.8 is treated as complied with if in-principle sanctions are obtained, promoters provide legally enforceable undertakings/guarantees limited by a capped percentage of their measurable unencumbered net worth (certified by statutory auditors), the undertaking is included among material contracts for inspection, lead merchant bankers verify promoters' adequacy and capability, and the offer document fully discloses how such verification was satisfied.
Amendments to SEBI (Disclosure and Investor Protection) Guidelines, 2000
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Qualified Institutional Buyer definition narrowed to exclude certain sub accounts, altering institutional placement eligibility and pricing.
Amendments to the SEBI (DIP) Guidelines reduce timelines for rights issues; introduce a defined Qualified Institutional Buyer category excluding foreign corporate and individual sub accounts; permit transferee companies in court sanctioned restructurings to count transferor listing history for QIP eligibility; revise QIP pricing and extend those pricing norms to preferential allotments to up to five QIBs using a two week average price; require full lock in for shares issued on exercise of preferential warrants; allow certain High Court approved restructuring shares to qualify for promoters' contribution and offer for sale; recast rules for convertible debt instruments; and raise the regional filing threshold for draft offer documents.
Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement
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Dematerialisation requirement and depository connectivity allow shifting securities from trade-for-trade to rolling settlement subject to verification.
Stock exchanges may shift securities from Trade-for-Trade Settlement to normal Rolling Settlement where the issuer has established connectivity with both depositories and there are no other grounds for TFTS continuation. Prior to shifting, at least 50% of non promoter holdings must be dematerialised, evidenced by a certificate from the Registrar and Transfer Agent or, where no RTA exists, from a practicing Company Secretary or Chartered Accountant; exchanges must report the action in their Monthly/Quarterly Development Report.
Internal Audit for stock brokers/clearing members
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Internal audit requirement: half-yearly independent audits for brokers and clearing members; exchanges must enforce compliance.
Mandates a half-yearly internal audit by independent qualified Chartered Accountants for stock brokers and clearing members covering internal control effectiveness and compliance with the SEBI Act, Securities Contracts (Regulation) Act, SEBI (Stock Brokers and Sub-Brokers) Regulations, circulars, agreements, KYC requirements, exchange bye-laws, data security and insurance. First audit period: October 1, 2008 to March 31, 2009. Exchanges must ensure compliance by amending bye-laws, notifying members, publishing on websites, and reporting implementation status in the Monthly Development Report.
Extending calendar spread treatment till expiry of the near month contract
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Calendar spread treatment extended until near month expiry to prevent abrupt margin increases for exchange traded equity derivatives.
Calendar spread positions in exchange traded equity derivatives shall receive calendar spread treatment until the expiry of the near month contract, replacing the prior rule that treated the far month as naked three trading days before expiry; this change prevents sudden margin increases and applies to exchange derivative segments and their clearing houses under the regulator's authority to protect investors and promote orderly market development.
EXCHANGE TRADED CURRENCY DERIVATIVES
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Exchange Traded Currency Derivatives framework requires SEBI approval, segment safeguards, clearing risk controls and position limits.
Establishes a regulatory framework for Exchange Traded Currency Derivatives requiring Recognized Stock Exchanges to obtain SEBI approval with specified product details and bye laws, comply with product design and surveillance standards, segregate currency segment membership, and prevent participation by persons resident outside India; mandates Clearing Corporations/Houses to secure SEBI approval and RBI permission under FEMA for clearing and settlement and to implement prescribed risk management measures; and prescribes bank participation, certification of trading personnel, and gross open position caps for Trading Members.
Amendments to SEBI (Employee Stock Option Scheme and Employee Stock Purchase Scheme) Guidelines, 1999
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Eligibility of nominated directors for ESOS clarified, and graded vesting accounting aligned with revised guidance for amortisation.
A nominated director may participate in a company's ESOS if the nominating contract permits acceptance of options, prohibits renunciation in favour of the nominating institution, and specifies conditions for accepting fees and incentives; the contract must be filed by the nominating institution with the company and by the company with its stock exchanges, and the director must furnish the contract at the first board meeting attended after nomination. Options granted to such nominated directors cannot be renounced in favour of the nominating institution. Graded vesting accounting may be amortised per separate vesting portions or over the aggregate vesting period, subject to recognition at least equal to the vested portion's value.
Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to normal Rolling Settlement
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Dematerialization requirement enables move from trade-for-trade to rolling settlement when non promoter holdings are dematerialized and no other grounds exist.
Stock exchanges may shift securities that have established connectivity with both depositories from trade for trade to normal rolling settlement if at least fifty percent of non promoter holdings are dematerialized, evidenced by a certificate from the Registrar and Transfer Agent or, if none exists, from a practicing company secretary or chartered accountant, and provided there are no other grounds for continuation of trade for trade; exchanges must report action taken in the Monthly/Quarterly Development Report.
Additional mode of payment through Applications Supported by Blocked Amount (hereinafter referred to as “ASBA”)- Registrars to an Issue
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Applications Supported by Blocked Amount (ASBA) enables blocking of investor funds until allotment in book built issues.
ASBA permits resident retail investors bidding at cut off to authorise SCSBs to block application funds in their bank accounts until allotment finalisation or withdrawal. Certified SCSBs must block/unblock funds, upload applicant data to stock exchange electronic bidding systems, designate Controlling and Designated Branches, and retain records; Registrars reconcile and verify bid data against depository records, finalise basis of allotment, instruct SCSBs to transfer funds, and maintain electronic records and complaint redressal. Merchant bankers and stock exchanges must enable disclosures, forms, timelines, secure data interfaces and accurate transmission of bid files.
Additional mode of payment through Applications Supported by Blocked Amount (hereinafter referred to as “ASBA”)- Merchant Bankers
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ASBA process: blocked account application method enabling certified banks to hold funds and facilitate allotment in book built issues.
SEBI introduces Applications Supported by Blocked Amount (ASBA) as an alternate payment mechanism for book built public issues whereby eligible resident retail investors submit ASBAs to certified Self Certified Syndicate Banks (SCSBs) which block the application money in the investor's bank account, upload bid details to the stock exchanges, and on instructions from the Registrar unblock or transfer funds after finalisation of allotment; lead merchant bankers, registrars and stock exchanges have specified disclosure, reconciliation and system obligations and timelines.
Circular on Applications Supported by Blocked Amount - Bankers to an Issue
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Applications Supported by Blocked Amount introduced as alternate payment method for retail book-built public issues, shifting blocking responsibility to banks.
Introduction of Applications Supported by Blocked Amount (ASBA) as an alternate payment mechanism for book-built public issues permitting eligible resident retail investors to apply by authorising an SCSB to block application monies in a specified bank account until allotment finalisation, withdrawal, rejection or issue failure. SCSBs must certify systems, designate Controlling and Designated Branches, block funds, upload prescribed bid data to the Stock Exchange electronic bidding system, act on Registrar instructions to unblock or transfer funds, maintain records, and are liable for omissions or commissions; Registrars, Merchant Bankers and Stock Exchanges have specified reconciliatory, disclosure and system roles and timelines for processing ASBAs.
Circular on Applications Supported by Blocked Amount - Stock Exchanges
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Applications Supported by Blocked Amount lets retail investors apply by blocking bank funds, streamlining book-built public issue subscriptions.
Introduction of Applications Supported by Blocked Amount (ASBA) as a supplementary method for retail investors to subscribe in book-built public issues by authorising SCSBs to block application money in the investor's bank account until allotment finalisation, withdrawal or issue failure, with defined roles and obligations for Self Certified Syndicate Banks, Stock Exchanges, Registrars to the Issue and Merchant Bankers for data upload, reconciliation, fund blocking/unblocking, transfer on allotment, recordkeeping and investor redressal.

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