Depository system
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Transcript of Depository system
PROBLEMS FACED BY INVESTORS
• Bad deliveries
• Fake certificates
• Loss of certificates in transit
• Mutilation of certificates
• Delays in transfer
• Long settlement cycles
• Mismatch of signatures
• Delay in refund and remission of dividend etc
MEANING
• In India, the Depositories Act, 1996, defines a depository to mean “A company formed and registered under the Companies Act, 1956 and which has been granted a certificate of registration under sub-section (1A) of section 12 of the Securities and Exchange Board of India Act,1992”.
• As per German Depository it is defined as “A Depository is a file or a set of files in which data is stored for the purpose of safe keeping or identity authentication”.
• The term Depository means a place where a deposit of money, securities, property etc is deposited for safekeeping under the terms of depository agreement
• A depository is an organisation, which assists in the allotment and transfer of securities and securities lending.
• The shares here are held in the form of electronic accounts i.e. dematerialised form and the depository system revolves around the concept of paper-less or scrip-less trading
LEGAL FRAMEWORK
• Depository Act in August, 1996- dematerialisation route to book entry based transfer of securities and settlement of securities trade.
• ByeLaws:- scope of the functioning of NSDL and its business partners.
• Business Rules:- outline the operational procedures to be followed by NSDL and its Business Partners
• SEBI(Depositories and Participant) (Amendment) Regulation, 2012:- Adoption of CODE OF CONDUCT for its Directors and CODE OF ETHICS for Directors and Key Management Personnel of NSDL to create better investor integrity of the market.
• The Companies Act, 1956
FACILITIES OFFERED BY DEPOSITORY SYSTEM
• Opening of depository account
• Dematerialisation
• Rematerialisation
• Settlement of trades in dematerialised securities
• Account transfer
• Transfer ,transmission and transposition
• Pledge and hypothecation
• Redemption or repurchase
• Stock lending and borrowing
• Corporate action
• Account freezing
• Nomination
• Demat of debt instruments
• Dealing in govt securities
CONSTITUENTS OF A DEPOSITORY SYSTEM
• Depository
• Depository Participant (DP)
• Issuers and Registrars and Share Transfer Agents
• Stock Exchanges and Stock Brokers
• Clearing Corporation/ Clearing House and Clearing Members
• Banking system
• Investors
DEPOSITORY SYSTEM-BUSINESS PARTNERS
Depository Participants
A depository Participant is an
agent of the depository who is
authorized to offer depository
services to investors. Some of
them are Financial Institutions,
Banks, Custodians and
Stockbrokers complying with the
requirements prescribed by SEBI/
Depositories can be registered as
Depository Participant.
Issuing companies and their Registrars
and Share Transfer Agents"Registrar to an Issue" means the
person appointed by a body corporate
or any person or group of persons to
carry on the following
collecting applications from investors
in respect of an issue;
Keeping a proper record of
applications and monies received from
investors or paid to the seller of the
securities. and
3)Assisting body corporate or person
or group of persons
Clearing Corporations or Clearing Houses
of Stock Exchanges
A clearing corporation is a
financial institution which
provides the services as
clearing and settlement for
commodities and financial
derivatives and securities
transactions.
SERVICES BY NSDL
Basic Services• A/c Maintenance
• Dematerialisation
• Rematerialisation
• Market Transfers
• Off Market Transfers
• Inter-Depository Transfer
• Transmission/Nomination
• Corporate Action
Value Added Services• Auto Delivery Out
• Dividend Distribution
• Lending & Borrowing
• Pledge
• Public Issue
• SMS Alert
SERVICES BY CDSL
• Account Opening
• Dematerialisation
• Processing Delivery & Receipt Instructions
• Account Statement
• Rematerialisation
• Pledging
• Nomination
• Transmission of Securities
• Change of Address
• Bank Account Details
• SMS
NSDL CDSL
DP
Entry Fee 25000(non-refundable)
20000(non-refundable)
Custody Fee Nil Nil
Pledge Fee 25 Pledge acceptance-12Unpledged acceptance-12
Demat Charges Nil Nil
Remat Charges •a fee of Rs.10 for every hundred securities or part thereof ; or•a flat fee of Rs.10 per certificate,whichever is higher.No rematerialisation fee shall be charged for Government Securities.
•10 (INR) for every 100 securities or part thereof; subject to maximum fee of 5,00,000 (INR) or• a flat fee of 10 (INR) per certificate whichever is higher.
COMPARISON OF CHARGES
COMPARISON BETWEEN NSDL & CDSL
BASIS NSDL CDSL
Abbreviation National Securities Depository Limited
Central Depository Securities Limited
Founded Nov 1996 Feb 1999
Headquarters Trade World, A wing, 4th & 5th Floors, Kamala Mills Compound, Lower Parel, Mumbai-400013
Phiroze Jeejeebhoy Towers, 16th Floor, Dalal Street Mumbai-400001
Promoters IDBI, UTI, NSE BoI, BoB, SBI, HDFC, BSE
Market NSE BSE
BENEFITS OF DEPOSITORY SYSTEM
Reduced workload & manpower requirements due to paperless settlement
Instantaneous transfer of ownership
No risk of damaged, lost, forged or duplicate certificates
No impact in case of sudden increase in settlement volumes
Instant credit of bonus, rights and new issues (IPO)
Convenient pledging of securities
Particulars NSDL CDSL
Investor Accounts 1 30,67,581 87,29,972
DP 279 580
Companies 12,013 14,349
DP Service Centers 14,428 11,639
Custody Quantity (In millions) 7,63,036 1,69,940
Custody Value(Rs in millions) 8,46,33,020 96,02,860
Equity 12,141 7,365
Others 10,596 6,683
CONCLUSION
• Depository system in India is suffering from awareness problem. people are not aware of this system. People are not participating in this system. people are confused about these two major depositories. There is a rivalry between these two depositories. Formulation and promulgation of necessary laws –Depository has set of different challenges e.g. authentication and non-repudiation of transaction should have legal backing, paperless share holding etc. Lack of Developing a well trained Trainer & Support staff for giving training and customer support to all the relevant parties.
REFERENCES
• www.nsdl.co.in
• www.cdslindia.com
• “Capital Market” by N Gopalsamy – Macmillan India Ltd, Delhi
• “Capital Markets” by Dr S Gurusamy - Vijay Nicole Imprints Private Limited, Chennai
• “Capital Markets” by Frank J. Fabozzi and Franco Modigliani – Prentice Hall of India pvt. Ltd., New Delhi
• “Financial Market & Institutions” by Dr K. Venugopalan - Calicut University Central Co-op Stores Ltd No 4347, Calicut University