1. Compliances Penalties Opportunities Securities Laws & Pavan Kumar Vijay

2. Laws Regulating Capital Markets Companies Act, 1956 SCR Act, 1956 SEBI Act, 1992 Public Ltd Co’s Stock Exchanges Intermediaries Listed Co’s Listed Co’s Self Regulatory Org Depositories Act 1996 NSDL CDSL DP’s/ RTA Listed Co’s

22. 15 A Penalities under SEBI Act, 1992 Listed Companies / Intermediaries / Any other person Applicability To maintain books of account or records File any return or furnish any information, books or other documents within the time specified therefore in the regulations Penalty of Rs.1 Lakh Per Day during which such failure continues or Rs. 1 Crore, whichever is less Failure to furnish any document, return or report to the Board Penalty Contravention

25. 15 B Penalities under SEBI Act, 1992 Intermediaries Applicability Penalty of Rs.1 lakh per day during which such failure continues or Rs. 1 crore, whichever is less Failure to enter into an agreement with his client Penalty Contravention

26. 15 C Penalities under SEBI Act, 1992 Listed Company / Intermediaries Applicability Penalty of Rs.1 lakh per day during which such failure continues or Rs. 1 crore, whichever is less Failure to redress the grievances of investors , after having been called upon by the Board in writing to redress the grievances of investors. Penalty Contravention

29. 15 D Penalities under SEBI Act, 1992 Mutual Funds / Collective Investment Scheme (CIS) Applicability Penalty of Rs.1 lakh per day during which such failure continues or Rs. 1 crore, whichever is less Doing such activity without obtaining certificate of registration , OR fails to comply the conditions specified in the governing regulations Penalty Contravention

30. 15 E Penalities under SEBI Act, 1992 Asset Management Company Applicability Penalty of Rs.1 lakh per day during which such failure continues or Rs. 1 crore, whichever is less Fails to comply with any of the regulations providing for restrictions on the activities of the asset management companies Penalty Contravention

31. 15 F Penalities under SEBI Act, 1992 Stock Broker Applicability Penalty of Rs. 1 Lakh or 5 times the amount of brokerage excess charged, whichever is higher. Charges excess brokerage Penalty of Rs. 1 lakh per day during which such failure continues or Rs. 1 crore , whichever is less Fails to deliver any security Penalty not exceeding 5 times the amount of contract note . Fails to issue contract notes Penalty Contravention

32. 15 G Penalities under SEBI Act, 1992 Any Insider Applicability Penalty of Rs. 25 crore or 3 times the amount of profits made out of such insider trading, whichever is higher. Contravention of provisions of Insider Trading Regulations Penalty Contravention

34. 15 H Penalities under SEBI Act, 1992 Any Acquirer / Person Acting in Concert (PAC) Applicability Penalty of Rs. 25 crore or 3 times the amount of profits made out of such failure, whichever is higher. Contravention of provisions of Takeover Code Regulations Penalty Contravention

39. 15 HA Penalities under SEBI Act, 1992 Listed Companies / Intermediaries / Any Other Person Applicability Penalty of Rs. 25 crore or 3 times the amount of profits made out of such practices, whichever is higher. Indulgence in any Fraudulent and Unfair Trade Practices. Penalty Contravention

40. 15 HB Penalities under SEBI Act, 1992 Listed Companies / Intermediaries / Any Other Person Applicability penalty which may be extend to Rs. 1 Crore Contravention of any of the provision of the Act where no specific penalty is specified Penalty Contravention

43. 23 A Penalities under SCR Act, 1956 Any Person Applicability (b) Failure by any person to maintain books of accounts or records as per listing agreement or conditions. Rs. 1 lakh for each day during which such failure continues OR Rs. 1 crore Whichever is LESS (a) Failure by any person to furnish any information, document, books, returns or report to a stock exchange within specified time Penalty Contravention

44. 23 C Penalities under SCR Act, 1956 Broker/ Listed Company/Proposed Listed Co. Applicability Rs. 1 lakh for each day during which such failure continues OR Rs. 1 crore Whichever is LESS Failure to redress the grievances of investors after having been called upon by SEBI to do so Penalty Contravention

45. 23 E Penalities under SCR Act, 1956 Listed Company/Collective Investment Scheme/ Mutual Funds Applicability Penalty not exceeding Rs. 25 crore Failure by a company or any person managing collective investment scheme or mutual fund to comply with Listing / Delisting Conditions Penalty Contravention

46. 23 F Penalities under SCR Act, 1956 Any Person Applicability Penalty not exceeding Rs. 25 crore Any person dematerialized securities more than the issued securities OR delivers unlisted securities in the exchange Penalty Contravention

47. 23 G Penalities under SCR Act, 1956 Stock Exchange Applicability Penalty not exceeding Rs. 25 crore Failure or neglect by an exchange to furnish periodical returns to SEBI OR make or amend its rules/byelaws as directed by SEBI OR comply with directions of SEBI Penalty Contravention

48. 19 A Penalities under Depositories Act, 1996 Any Person Applicability Rs. 1 lakh for each day during which such failure continues OR Rs. 1crore, whichever is LESS a). Failure to furnish any information, document, books, returns or report to SEBI b). Failure to file any return or furnish any information, books or other documents under the Act c). Failure to maintain books of accounts or records Penalty Contravention

49. 19 G Penalities under Depositories Act, 1996 Any Person Applicability Penalty not exceeding Rs. 1 crore Failure to comply with any provision of the Act, the rules or regulations or byelaws made or directions issued by SEBI there under for which no separate penalty has been provided Penalty Contravention

55. 20 Offences under DP Act, 1996 Offences for which prosecution can be launched Imprisonment up to 10 years (not less than one month) OR fine up to Rs. 25 crore OR BOTH Failure to pay the penalty imposed by adjudicating officer or to comply with any of his directions or orders Imprisonment up to 10 years OR Fine up to Rs. 25 crore OR BOTH Contravenes or attempts to contravene or abets the contravention of the provisions of the Act or of any rules or regulations or byelaws made there under Punishment Offence

58. Holding Enquiry & Imposing Penality Contravention Noticed Exparte decision If no response SCN to Party Party to file Reply Appointment of Enquiry Officer Notice Issued Reply within 15 days Hearing Date Fixed Enquiry Report by EO Representation Before EO Order by Chairman Impose Minor or Major Penalty For contravention of the provision of regulations mentioned in Reg 4

60. Comparison Between Enquiry Officer & Adjudicating Officer

81. Development in the securities laws has bought up new avenues for the professionals

82. Opportunities in securities laws for Professionals

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