SEBI Notifies SCRA (Stock Exchanges & Clearing Corporations) Regulations 2021

SEBI Notifies SCRA (Stock Exchanges & Clearing Corporations) Regulations 2021
Shivani Jain
| Updated: Apr 17, 2021 | Category: SEBI Advisory

The Securities and Exchange Board of India, on 23.03.2021, has passed a Notification No SEBI/LAD-NRO/GN/2021/12, prescribing the Stock Exchanges & Clearing Corporations Regulations 2021. The said rules seek to amend the provisions of SCRA (Stock Exchanges and Clearing Corporations) Regulations 2018.

These regulations are passed under the ambit of the powers provided by sections 4, 8A, and 31 of the Securities Contracts (Regulation) Act 1956, together with

Also, it shall be noted that these amended regulations will come into force from the date of publication in the Official Gazette.

In this learning blog, we will cover the key changes and amendments bought by way of SCRA (Stock Exchanges & Clearing Corporations) Regulations 2021.

Key Provisions of SCRA (Stock Exchanges & Clearing Corporations) Regulations 2021

The key provisions or amendments are as follows:

Insertion of Clause (hb)

It shall be noted that after the provisions of clause (ha), the following clause will be inserted, namely, (hb). The said clause states that ‘financial year’ denotes the period of twelve months starting on the first day of April every year.

Insertion of Clause (oa)

It shall be noted that after the provisions of clause (o), the following clause will be inserted, namely, (oa). The said clause states that ‘quarter’ denotes the period of three months starting on the first day of April, July, October, and January of each financial year.

Renumbering of Clause (ra), (rb), (rc)

Clause (ra), (rb), and (rc) will respectively be renumbered now as clause (rb), (rc), and (rd), and it shall be noted that prior to the clauses so renumbered, the following new clause will be inserted, namely, (ra).

Further, the said newly inserted clause states that ‘regulatory fee’ denotes fees imposed by the SEBI under these regulations for carrying out the operations and functions under the Act and the SEBI Act 1992[1].

Substitution of Sub regulation (1) Regulation 11

The sub regulation (1) of Rule 11 will now be substituted with the new one, which is as follows:

  • Every RSE (Recognised Stock Exchange) will be charged with a regulatory fee payable to the SEBI at such rates and time as is prescribed in sub regulation (2) and subregulation (3).

Also, it shall be noteworthy to note that after sub regulation (1), the new sub regulation, namely (2),shall be inserted. Moreover, the existing sub regulation (2) will now be renumbered as sub regulation (9).

Substitutions in Regulation 52

In sub regulation (2), the word ‘referred in sub regulation 1’ will be inserted after the words ‘and circulars’ and before the words ‘before the’.

Also, it shall be taken into consideration that new sub regulation (4) and (5) will be inserted after sub regulation (3).

Insertion of Annexure III

After Annexure II, a new annexure named Annexure III will be inserted, which is as follows:

Schedule III

Part A

See Regulation 11 (1)

Rate of the Charged Regulatory Fees

Sr. No (1) Annual Turnover (Rupees in Crores) (2) Amount of Fees (in Rs) (3)
 1. Less than or equal to Rs 10, 000 Rs 1, 00, 000
  2. More than Rs 10, 000 but less than or equal to Rs 1, 00, 000 Rs 10, 00, 000
  3. More than Rs 1, 00, 000 but less than or equal to Rs 5, 00, 000 Rs 50, 00, 000
 4. More than Rs 5, 00, 000 but less than or equal to Rs 10, 00, 000 Rs 1, 00, 00, 000
  5. More than Rs 10, 00, 000 Rs 1, 00, 00, 000 plus 0.000012 percent of the total annual turnover in excess of Rs 10, 00, 000 crores.

Conclusion

In a nutshell, on 23.03.2021, the apex market regulator, i.e., SEBI, has passed the SCRA (Stock Exchanges & Clearing Corporations) Regulations 2021, which seek to amend the provisions of SCRA (Stock Exchanges and Clearing Corporations) Regulations 2018.

Further, the amended provisions will come into effect from the date of publication in the official gazette.

Also, Read: SEBI (Investment Advisers) (Second Amendment) Regulations 2021: A Guide

Official SCRA (Stock Exchange & Clearing Corporations) Regulations 2021

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Shivani Jain

Shivani has completed her B com LLB (Hons) and has the experience of writing various research papers during her college time. Earlier she was working as an Associate in a Delhi based Law Firm, but her interest in writing made her pursue Legal Content Writing as a career. Her core area of interest is in writing about various legal enactments, tax, and finance.

 

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