{"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

Depositories Act 1996 notes : Definitions under depositories act and salient features of depositories act 1996, dematerialization of securities.<\/h4>\n\n\n\n

QUESTION: Discuss the main features of Depositories Act, 1996?<\/h3>\n\n\n\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

SALIENT FEATURES OF DEPOSITORIES ACT 1996<\/strong><\/h4>\n\n\n\n
\"DEPOSITORIES
DEPOSITORIES ACT 1996 NOTES<\/figcaption><\/figure>\n\n\n\n

DEFINITIONS UNDER THE ACT: <\/strong>This act defines the following terms:<\/p>\n\n\n\n

    \n
  • Beneficial owner: <\/strong>Means a person whose name is recorded as such with a depository.<\/li>\n\n\n\n
  • Depository: <\/strong>Means a company formed and registered under the Companies Act 2013 and which has been granted the certificate of registration under section 12(1A) of SEBI Act,1992.<\/li>\n\n\n\n
  • Issuer: <\/strong>means any person making any issue of securities.<\/li>\n\n\n\n
  • Participant:<\/strong> Means a person registered under section 12(1A) of SEBI Act 1992.<\/li>\n<\/ul>\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

      \n
    • Agreement between depository and participant must be there.<\/li>\n\n\n\n
    • Services of depositories can be availed as per the bye-laws of the company.<\/li>\n\n\n\n
    • Surrender of certificate of security.<\/li>\n\n\n\n
    • Registration of transfer of securities with depository.<\/li>\n\n\n\n
    • Options to receive security certificate or hold securities with depository.<\/li>\n\n\n\n
    • Securities in depositories are to be in fungible form.<\/li>\n\n\n\n
    • Maintenance of register of index of beneficial owners by depository.<\/li>\n\n\n\n
    • Pledge or hypothecation of securities held in depository.<\/li>\n\n\n\n
    • Furnishing of information and records by depository and issuer.<\/li>\n\n\n\n
    • Depository to indemnify the loss in certain cases.<\/li>\n<\/ul>\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