{"id":6115,"date":"2022-11-08T12:17:53","date_gmt":"2022-11-08T12:17:53","guid":{"rendered":"https:\/\/commerceiets.com\/?p=6115"},"modified":"2022-11-08T12:17:53","modified_gmt":"2022-11-08T12:17:53","slug":"depositories-act-1996-notes-for-bcom","status":"publish","type":"post","link":"https:\/\/commerceiets.com\/depositories-act-1996-notes-for-bcom\/","title":{"rendered":"DEPOSITORIES ACT 1996 NOTES"},"content":{"rendered":"\n
OR<\/strong><\/p>\n\n\n\n Write a note on Depositories Act, 1996.<\/strong><\/p>\n\n\n\n Answer: DEPOSITORIES ACT 1996: <\/strong>This Act came into force on September 20th<\/sup>, 1995 and extends to the whole of India. It is an act to provide for regulation of depositories in and for matters connected therewith and incidental thereto.<\/p>\n\n\n\n DEFINITIONS UNDER THE ACT: <\/strong>This act defines the following terms:<\/p>\n\n\n\n RIGHTS AND OBLIGATIONS OF DEPOSITORIES, PARTICIPANTS, ISSUERS AND BENEFICIAL OWNERS:<\/strong><\/p>\n\n\n\n The depositories Act 1996 features the following rights, obligations, participants and issuers and beneficial owners:<\/p>\n\n\n\n ENQUIRY AND INSPECTION PROCEDURES:<\/strong> This Act empowers the Board to call for information or enquiry or inspection in relation to the affairs of the issuer, beneficial owner, depository or participant to ensure no harm to public interest or interest of investors.<\/p>\n\n\n\n PENALITIES: <\/strong>Depositories Act 1996, also describes penalities for various offences. Some of them are:<\/p>\n\n\n\n OFFENCES: <\/strong>Failure to pay the penalty imposed by the adjudicating officer or failure to comply with his directions or orders will be considered as an offence.<\/p>\n\n\n\n This offence is punishable with the imprisonment of one month which may extend to 10 years or with a fine which may extend to 25crore rupees or with the both.<\/p>\n\n\n\n Where any offence is committed by the company every person who was in-charge at the time of commitment of offence will be found guilty.<\/p>\n\n\n\n APPEALS: <\/strong>Depositories Act 1996 provides for the appeals to securities appellate tribunal against the order Board.<\/p>\n\n\n\n Any person aggrieved by the order of the Board can make an appeal to the Securities Appellate Tribunal within prescribed time, along with copy of the order of the Board and fee prescribed.<\/p>\n\n\n\n POWER OF CENTRAL GOVERNMENT TO MAKE RULES: <\/strong>The central government may by notification in official Gazette, makes rules for carrying out the provisions of this Act. The rules may be made for any matter namely:<\/p>\n\n\n\n POWER OF BOARD TO MAKE REGULATIONS: <\/strong>Board has been granted the powers under the Depositories Act, 1996 which may provide for or exercised in relation to the matters namely:<\/p>\n\n\n\n POWER OF DEPOSITORIES TO MAKE BYE-LAWS: <\/strong>Depository shall have powers to make bye-laws regarding:<\/p>\n\n\n\n ANSWER:<\/strong><\/p>\n\n\n\n 2. SERVICES OF DEPOSITORY:<\/strong> Any person, through a participant, may enter into an agreement, in such form as may be specified by the bye-laws, with any depository for availing its services.<\/p>\n\n\n\n 3. SURRENDER OF CERTIFICATE OF SECURITY: <\/strong>Any person who has entered into an agreement shall surrender the certificate of security for which he seeks to avail the services of the depository.<\/p>\n\n\n\n The issuer on the receipt of certificate of Security, shall cancel the certificate of security and substitute in its books\/records, the name of the depository as a registered owner in inform the depositor accordingly.<\/p>\n\n\n\n 4. REGISTRATION OF TRANSFER OF SECURITIES WITH DEPOSITORY: <\/strong>Every depository shall on the receipt of intimation from a participant, register the transfer of security in the name of the transferee.<\/p>\n\n\n\n If a beneficial owner or a transferee of any security seeks to have custody of such security, the depository shall inform the issuer accordingly.<\/p>\n\n\n\n 5. OPTIONS TO RECEIVE SECURITY CERTIFICATE OR HOLD SECURITIES WITH DEPOSITORY: <\/strong>Every depository shall on receipt of intimation from a participant, register the transfer of security in the name of the transferee.<\/p>\n\n\n\n Where person opts to hold a security with the depository, the issuer shall intimate such depository the details of allotment of security and receipt of such information shall enter in the records of the depository.<\/p>\n\n\n\n 6. SECURITIES IN DEPOSITORIES IN FUNGIBLE FORM: <\/strong>All the securities held by the depository shall be in the fungible or dematerialized form which is an electronic mode to keep the records of the securities.<\/p>\n\n\n\n 7. RIGHTS OF DEPOSITORIES AND BENEFICIAL OWNER: <\/strong>Depository has the right to act as deemed registered owner of the security for the purpose of transfer of ownership of security on behalf of beneficial owner.<\/p>\n\n\n\n Depository shall not have any voting rights as a registered owner on behalf of beneficial owner. Beneficial owner shall be entitled to all the rights and benefits and subject to all liabilities in respect of his securities held by depository.<\/p>\n\n\n\n 8. REGISTER OF BENEFICIAL OWNER: <\/strong>Every depository shall maintain a register and index of beneficial owners in the manner provided in Section 150,151 and 152 of the Companies Act,2013.<\/p>\n\n\n\n 9. PLEDGE OR HYPOTHECATION OF SECURITIES HELD IN DEPOSITORY: <\/strong>In case approval is granted by the owner to the depository regarding pledge of securities, he can hypothecate the security.<\/p>\n\n\n\n Beneficial owner shall give intimation of such pledge to the depository and then depository make entries in its records accordingly.<\/p>\n\n\n\n 10. FURNISHING OF INFORMATION AND RECORDS BY DEPOSITORY AND ISSUER: <\/strong>Every depositor shall furnish to the issuer the information about the transfer of securities in the name of beneficial owners.<\/p>\n\n\n\n Every issuer shall make available to the depository copies of the relevant records in respect of securities held by such depository.<\/p>\n\n\n\n 11. OPTION TO OPT OUT IN RESPECT OF ANY SECURITY: <\/strong>If a beneficial owner seeks to opt out of a depository in respect of any security, he shall inform the depository accordingly. The depository shall on receipt of intimation make appropriate enteries in its records and shall inform the issuer.<\/p>\n\n\n\n Every issuer shall grant the certificate of security to the beneficial owner within the 30 days of intimation received from the depository provided that all the conditions are fulfilled and fees is provided.<\/p>\n\n\n\n 12. DEPOSITORY TO INDEMNIFY LOSS IN CERTAIN CASES: <\/strong>Any loss caused to the beneficial owner due to the negligence of the depository of the participant, the depository shall indemnify such loss to the beneficial owner.<\/p>\n\n\n\n Where the loss due to the negligence of the participant is indemnified by the depository, shall have the right to recover the same from the participant.<\/p>\n\n\n\n 13. RIGHTS AND OBLIGATIONS OF DEPOSITORIES, ETC.: <\/strong>The rights and obligations of depositories, participants and the issuers whose securities are dealt with by a depository shall be specified by the regulations.<\/p>\n\n\n\n The eligibility criteria for admission of securities into the depository shall be specified by the regulations.<\/p>\n\n\n\n\n\n\n\n ANSWER: DEPOSITORY: <\/strong>Depository in a firm wherein the securities of an investor are held in electronic form in the same way a bank holds money. It carries out the transactions of securities by means of book entry, without any physical movement of the securities. The depository based settlement system is also called \u2018book entry transfer settlement\u2019<\/p>\n\n\n\n Depository acts as a defact owner of the securities logged with it for the limited purpose of transfer of ownership. It functions as the custodian of securities of its clients.<\/p>\n\n\n\n At present there are two depositories in India:<\/p>\n\n\n\n SIGNIFICANCE OF DEPOSITORIES: <\/strong>Depositories are significant for investors, issuers as well as for intermediaries.<\/p>\n\n\n\n SIGNIFICANCE TO INVESTORS<\/u><\/strong>:<\/strong><\/p>\n\n\n\n SIGNIFICANCE OF DEPOSITORIES TO ISSUERS<\/u><\/strong>:<\/strong><\/p>\n\n\n\n SIGNIFICANCE TO INTERMEDIARIES<\/u><\/strong>:<\/strong><\/p>\n\n\n\n SECURITIES THE DEPOSITORIES PROVIDE:<\/strong><\/p>\n\n\n\n ANSWER: DEPOSITORY: <\/strong>Depository in a firm wherein the securities of an investor are held in electronic form in the same way a bank holds money. It carries out the transactions of securities by means of book entry, without any physical movement of the securities. The depository based settlement system is also called \u2018book entry transfer settlement\u2019<\/p>\n\n\n\n Depository acts as a defact owner of the securities logged with it for the limited purpose of transfer of ownership. It functions as the custodian of securities of its clients.<\/p>\n\n\n\n At present there are two depositories in India:<\/p>\n\n\n\n DEMATERIALIZATION: <\/strong>Dematerialization is a process by which the physical share certificates of an investor are taken back by the Company and an equivalent number of securities are credited in electronic form at the request of the investor. An investor will have to first open an account with a Depository Participant and then request for the dematerialization of his share certificates through the Depository Participant so that the dematerialized holdings can be credited into that account.<\/p>\n\n\n\n PROCEDURE OF DEMATERIALIZATION OF SECURITIES:<\/strong><\/p>\n\n\n\n The following steps are involved in dematerialization of securities:<\/p>\n\n\n\n Step: 1<\/strong><\/p>\n\n\n\n Client\/Investor submits the DRF (Demat Request Form) and physical certificates (to be dematted) to the DP.<\/p>\n\n\n\n DP checks whether the securities are available for demat.<\/p>\n\n\n\n Client defaces the certificate by stamping “Surrendered for Dematerialization”.<\/p>\n\n\n\n DP punches two holes on the name of the company and draws two parallel lines across the face of the certificate. This ensures that your shares are not lost in transit or misused till credit is received by you in your demat account. The DP upon receipt of the shares and the DRF, will issue the client an acknowledgement and will send an electronic request to the company.<\/p>\n\n\n\n Step: 2<\/strong><\/p>\n\n\n\n DP enters the demat request in his system to be sent to NSDL DP dispatches the physical certificates along with the DRF to the R&T<\/p>\n\n\n\n Step: 3:<\/strong><\/p>\n\n\n\n DP dispatches the physical certificates along with the DRF to the R & T Agent.<\/p>\n\n\n\n Step: 4<\/strong><\/p>\n\n\n\n NSDL records the details of the electronic request in the system and forwards the request to the R&T Agent.<\/p>\n\n\n\n Step: 5<\/strong><\/p>\n\n\n\n R&T Agent, on receiving the physical documents and the electronic request, verify and check them. Once the R&T Agent is satisfied. dematerialization of the concerned securities is electronically confirmed to NSDL.<\/p>\n\n\n\n Step: 6<\/strong><\/p>\n\n\n\n NSDL credits the dematerialized securities to the beneficiary account of the investor and intimates the DP electronically.<\/p>\n\n\n\n Step: 7<\/strong><\/p>\n\n\n\n The DP issues a statement of transaction to the client.<\/p>\n\n\n\nSALIENT FEATURES OF DEPOSITORIES ACT 1996<\/strong><\/h4>\n\n\n\n
\n
\n
\n
\n
\n
\n
QUESTION: What are the rights and obligations of Depositories, Participants, Issuers and beneficial owners as given under Depositories Act 1996?<\/strong><\/h3>\n\n\n\n
\n
QUESTION: Explain the meaning and significance of term \u2018depositories\u2019. What type of securities the depositories provide?<\/strong><\/h3>\n\n\n\n
\n
\n
\n
\n
\n
QUESTION: What do you mean by depository and dematerialization? Also explain the procedure of dematerialization of securities?<\/strong><\/h3>\n\n\n\n
\n