From Regulation to Enforcement: Understanding SEBI’s Role in India’s Economy
What is SEBI?
The Securities and Exchange Board of India (SEBI) is the regulatory authority for the securities market in India. It was established to protect investors' interests, ensure fair trading practices, and regulate the stock market.
When and Why was SEBI Founded?
SEBI was originally set up in 1988 as a non-statutory body to oversee and regulate India’s securities market. However, after realizing the need for a stronger regulatory framework to prevent market malpractices, the Indian government granted SEBI statutory powers through the SEBI Act, 1992.
The primary reasons for SEBI’s establishment include:
- Curbing market manipulation and fraud
- Protecting investors from unethical practices
- Ensuring transparency and fair trading
- Regulating intermediaries like stock exchanges, brokers, and mutual funds
Functions of SEBI
SEBI operates with the following key functions:
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Regulatory Functions:
- Formulating guidelines and rules for stock market operations.
- Regulating stock exchanges, brokers, and other financial intermediaries.
- Monitoring mergers, acquisitions, and takeovers.
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Developmental Functions:
- Promoting fair and transparent trade practices.
- Conducting investor education and awareness programs.
- Encouraging new financial instruments and investment vehicles.
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Protective Functions:
- Preventing insider trading and unfair trade practices.
- Imposing penalties on violators.
- Investigating frauds and market manipulations.
How Does SEBI Regulate the Securities Market?
SEBI follows a three-pronged approach to regulation:
- Investor Protection: SEBI ensures that companies provide complete and fair disclosures before issuing securities.
- Fair Trading Practices: It enforces strict rules against fraudulent activities, market manipulations, and insider trading.
- Market Development: SEBI introduces reforms to promote financial growth and strengthen India’s capital markets.
Legal Provisions Governing SEBI
SEBI derives its powers from multiple legal frameworks, including:
- SEBI Act, 1992 – Empowers SEBI with regulatory authority over the securities market.
- Securities Contracts (Regulation) Act, 1956 – Governs stock exchanges and securities transactions.
- Depositories Act, 1996 – Regulates depositories and securities depositories.
- Prevention of Money Laundering Act, 2002 – Helps prevent financial crimes in stock markets.
- Companies Act, 2013 – Works with SEBI to regulate corporate governance and company disclosures.
Conclusion
SEBI plays a crucial role in maintaining the integrity of India’s financial markets. By ensuring transparency, investor protection, and fair trade practices, SEBI strengthens the trust of investors and fosters economic growth. As India’s capital markets continue to expand, SEBI’s role remains pivotal in shaping a robust and secure investment environment.
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