B] REGISTRATION AND REGULATION OF WORKING OF INTERMEDIARIES

The SEBI regulates various intermediaries in the primary and secondary markets through various regulations framed for respective intermediary. These regulations allow the SEBI to inspect the functioning of these intermediaries and collect registration/renewal fees from them. Details of the registered intermediaries and regulation of the working of intermediaries are presented in the following sub-sections.

Primary Market Intermediaries

Merchant bankers:

During 1997-98, 14 merchant bankers were granted registration. The registration of 44 merchant bankers were cancelled. The cancelled cases include those that were not renewed as they did not fulfil net-worth criteria and those cancelled on completion of enquiry proceedings. Category-wise details of registration of merchant bankers are given in Table III.1 below:

Table III.1 Categorise-wise Registration of Merchant Bankers

Cat  No. of Regn. As on 31.3.97 Regn. Given in 1997-98 Regn. Cancelled in 1997-98 Reg expired & renewal not filed No. regd as on March 31, 1998
I
440
6
26
77
343
II
107
0
1
24
82
III
172
0
11
70
91
IV
444
8
6
160
286
Total
1,163
14
44
331
802

 
Source: SEBI

Registrars to an issue and share transfer agents

Registrars to an Issue (RTI) and Share Transfer Agents (STA) are registered and regulated by the SEBI (Registrars To An Issue And Share Transfer Agents) Rules and Regulations, 1993. Under these regulations, registration commenced in 1993-94 and was granted under two categories viz., category I to act as both registrar to an issue and share transfer agent and Category II to act as either registrar to an issue or share transfer agents.

The following table III.2 gives details of registration granted to the registrars to an issue and share transfer agents.

Table III.2 : Total No. of Registered Registrars to an Issue and Share Transfer Agents

YEAR CATEGORY I  CATEGORY II TOTAL
As of 31.03.97 237 149 386
As of 31.03.98 183 151 334

 
Source: SEBI

Registrars to an issue and share transfer agents are required to submit quarterly reports in prescribed formats to SEBI, containing details of their activities. On the basis of quarterly reports as well as the inspection reports, the SEBI takes up issues such as delays on part of the registrars to an issue and share transfer agents.

Thus 35 warning letters were issued to registrars to an issue and share transfer agents for not effecting transfers within the stipulated time period of 30 days as laid down in the listing agreement.

Show-cause notices were issued to 12 registrars and share transfer agents for non payment of fees. Enquiry proceedings have been initiated against 7 RTI/STA’s.

The SEBI took action against 5 registrars to an issue and/or share transfer agents for irregularities committed by them.

For effective monitoring and control over their operations, inspection of 9 registrars to an issue and share transfer agents was carried out during the year.

Debenture trustees

Debenture Trustees are registered and regulated by the SEBI (Debenture Trustees) Rules and Regulations, 1993. Under these regulations, registration commenced in 1993-94.

As on March 31, 1998, 32 Debenture Trustees were registered with the SEBI. M/s. CRB Share Custodian Services was issued direction u/s 11B of the SEBI Act prohibiting them from undertaking any activity as a debenture trustee with effect from 28.5.1997.

Bankers to an issue

Bankers to an Issue are registered and regulated by the SEBI (Bankers to an Issue) Rules and Regulations 1994. Under these regulations, registration commenced in 1994-95. The various actions were taken against bankers to issues as on March 31, 1998 are as follows :

  • 72 Bankers to an Issue were registered with the SEBI
  • 5 warning letters were issued for delay in submission of final certificate to the registrar
  • 2 show-cause notices were sent for non compliance of the SEBI directives
  • 1 branch each of 2 bankers to an Issue was suspended for violations of the SEBI Rules and Regulations
  • 10 bankers who had not entered into agreements with the issuer/client companies as per Regulation 14(1) and (2) of the SEBI (Bankers to an Issue) Rules and Regulations 1994 were referred to adjudication in Feb. 1998.
Underwriters

The number of underwriters registered with the SEBI in terms of SEBI (Underwriters) Rules and Regulations, 1993 was 43 at the end of 1997-98 and was 38 for 1996-97 and 6 underwriters were granted registration/renewal during the year 1997-98 and one was cancelled.

Portfolio Managers

During the year 1997-98, one portfolio manager w.as granted registration and one was cancelled. Thus the number of portfolio managers. remained the same .at 16 for the year 1997-98 as well as for 1996-97.

Secondary Market Intermediaries

Stock brokers

All stock brokers are registered with the SEBI in terms of the SEBI (Stock Brokers and Sub Brokers) Regulations, 1992.

The total number of registered brokers as on March 31, 1998, stood at 9005. During the year 1997-98 there was a significant increase in the number of corporate brokers, as approximately 529 brokers corporatised their membership on the stock exchanges in order to avail of the capital gains on account of exemption on transfer of individual membership granted by the Finance Bill 1997:

The number of registered brokers at the end of the year 1996-97 and as on March 31, 1998 is given in the Table III.3:

Table III.3 : Details of Registered Brokers

Total no of Brokers  as on 31.03.97 Addition during  the year (1997-98) Total no. of Brokers  as on 31.03.98
8867 138 9005

 
Source: SEBI

The stock exchange-wise breakup of total and corporate brokers registered with SEBI as on March 31, 1998 is presented in table III.4.

Table III.4 : Exchange-wise brokers registered with SEBI



1996-97 1997-98
Sr No. Stock Exchanges Total Members Corporate Members Corporate Members as percentage of total Total Members Corporate Members Corporate Members as percentage of total
1
Mumbai
628
97
15.45
651
311
47.77
2
Ahmedabad
305
75
24.59
306
89
29.08
3
Calcutta
904
102
11.28
929
137
14.75
4
Madras
199
54
27.14
201
63
31.34
5
Delhi
382
80
20.94
390
166
42.56
6
Hyderabad
308
46
14.94
313
85
27.16
7
Madhya Pradesh
188
11
5.85
191
20
10.47
8
Bangalore
239
58
24.27
242
87
35.95
9
Cochin
489
44
9
492
57
11.58
10
Uttar Pradesh
511
20
3.91
528
67
12.69
11
Pune
198
28
14.14
201
36
17.91
12
Ludhiana
276
55
19.93
291
69
23.71
13
Gauhati
207
0
0
207
4
1.93
14
Mangalore
147
11
7.48
149
13
8.72
15
Magadh
197
7
3.55
197
10
5.07
16
Jaipur
595
7
1.18
595
8
1.34
17
Bhubaneshwar
234
14
5.98
234
15
6.41
18
Saurashtra
446
48
10.76
446
56
12.56
19
Vadodara
325
29
8.92
326
64
19.63
20
OTCEI
882
647
73.36
887
667
75.2
21
Coimbatore
198
54
27.27
201
55
27.36
22
NSEIL
1009
873
86.52
1028
897
87.26

TOTAL
8867
2360
26.62
9005
2976
33.05

Source : SEBI

An exchange-wise analysis reveals that relatively a large number of brokers registered with Mumbai, Delhi, Hyderabad, Bangalore, Vadodara and Uttar Pradesh Stock Exchanges converted into corporate broker to avail of the benefit of exemption. Maximum advantage was taken by brokers of the Stock Exchange, Mumbai, where the corporate percentage share went up to 47.77 per cent from 15.46 per cent.

Sub-Brokers

Sub-brokers are an important link between retail or small investors and the capital markets. The SEBI initiated a number of measures for bringing sub-brokers under the regulatory framework in the interest of the investors. In July 1997, the SEBI decided as a policy measure that share transfer deeds not bearing the rubber stamp of a registered sub-broker would be considered bad delivery of shares in the market. As a result there has been a substantial increase in the number of applications received for registration as sub-brokers.

Table III.5 : Stock Exchange wise Break-up of Registered Sub-Brokers

Name of Stock Exchange No of Sub-Brokers registered with SEBI during 1997-98.
Mumbai 1536
Ahmedabad 40
Calcutta 33
Madras 45 
Delhi 147 
Hyderabad 10
Madhya Pradesh nil
Bangalore 5
Cochin 8
UPSE 9
Pune 19
Ludhiana 7
Gauhati 2
Mangalore 2
Magadh nil
Jaipur 3
Bhubaneswar nil
Saurasthra Kutch nil
Vadadora 35
OTCEI 3
Coimbatore 7
NSEIL 301
Total 2212 *

*The figure includes multiple registration granted to the sub-brokers.

Source: SEBI

Table III.6 : Sub-Brokers registered with SEBI

Date / Year Number
As on March 31, 1997 1798
Registration during 1997-98 2149
Cancellation during 1997-98 187
Number of Sub Brokers as on March 31, 1998 3760

 
Source: SEBI

Broker Database

During the year a format for a comprehensive database of brokers which would be useful to the stock exchanges as well as the SEBI, was finalised and issued to the stock exchanges in February 1998. The database would give at a glance the historical profile of the brokers business, his multiple membership, the relatives and associate concerns of the brokers in the capital markets and track record of the broker’s business. The information is expected from all the stock exchanges by end of April 1998.