CAPITAL MARKET and REGULATORY AUTHORITIES
India
There are four main legislations governing the Indian Securities market:
There are four main legislations governing the Indian Securities market:
a. The SEBI Act, 1992 establishes SEBI to protect investors
and develop and regulate the securities market.
b. The Companies Act, 1956 sets out the code of conduct for
the corporate sector in relation to issue, allotment, and transfer of
securities, and disclosures to be made in public issues.
c. The Securities Contracts (Regulation) Act, 1956 provides
for regulation of transactions in securities through control over stock
exchanges.
d. The Depositories Act, 1996 provides for electronic
maintenance and transfers of ownership of demat securities.
In India, the responsibility of regulating the securities
market is shared by DCA (the Department of Company Affairs), DEA (the
Department of Economic Affairs), RBI (the Reserve bank of India), and SEBI (the
Securities and Exchange Board of India).
The DCA is now called the ministry of company affairs,
which is under the ministry of finance. The ministry is primarily concerned
with the administration of the Companies Act, 1956, and other allied Acts and
rules & regulations framed there-under mainly for regulating the
functioning of the corporate sector in accordance with the law.
The ministry exercises supervision over the three
professional bodies, namely Institute of Chartered Accountants of India (ICAI),
Institute of Company Secretaries of India (ICSI), and the Institute of Cost and
Works Accountants of India (ICWAI), which are constituted under three separate
Acts of Parliament for the proper and orderly growth of professions of
chartered accountants, company secretaries, and cost accountants in the country.
SEBI protects the interests of investors in securities
and promotes the development of the securities market. The board helps in
regulating the business of stock exchanges and any other securities market.
SEBI is also responsible for registering and regulating the working of stock
brokers, sub-brokers, share transfer agents, bankers to an issue, trustees of
trust deeds, registrars to an issue, merchant bankers, underwriters, portfolio
managers, investment advisers, and such other intermediaries who may be
associated with securities markets in any manner.
The board registers the venture capitalists and
collective investments like mutual funds. SEBI helps in promoting and
regulating self regulatory organizations.
RBI is also known as the banker’s bank. The central bank
has some very important objectives and functions such as:
Objectives
Objectives
- Maintain price stability and ensure adequate flow of
credit to productive sectors.
- Maintain public confidence in the system, protect
depositors' interest, and provide cost-effective banking services to the
public.
- Facilitate external trade and payment and promote
orderly development and maintenance of the foreign exchange market in
India.
- Give the public adequate quantity of supplies of
currency notes and coins in good quality.
Functions
- Formulate implements and monitor the monetary
policy.
- Prescribe broad parameters of banking operations
within which the country's banking and financial system functions.
- Manage the Foreign Exchange Management Act, 1999.
- Issue new currency and coins and exchange/destroy
currency and coins not fit for circulation.
- Perform a wide range of promotional functions to
support national objectives.
The DEA
(Department of Economic Affairs) is the nodal agency of the Union government to
formulate and monitor the country's economic policies and programs that have a
bearing on domestic and international aspects of economic management. Apart from forming the Union Budget
every year, it has other important functions like:
i.
Formulation and monitoring of macro-economic
policies, including issues relating to fiscal policy and public finance,
inflation, public debt management, and the functioning of capital market,
including stock exchanges. In this context, it looks at ways and means to raise
internal resources through taxation, market borrowings, and mobilization of
small savings.
ii.
Monitoring and raising of external resources
through multilateral and bilateral development assistance, sovereign borrowings
abroad, foreign investments, and monitoring
foreign exchange resources, including balance of payments.
iii.
Production of bank notes and coins of various denominations, postal stationery, postal stamps, cadre management, career planning,
and training of the Indian Economic Service (IES).
United
States
- U.S.
Securities and Exchange Commission (SEC)
- Financial
Industry Regulatory Authority (FINRA)
- Commodity
Futures Trading Commission (CFTC)
- Federal
Reserve System ("Fed")
- Federal
Deposit Insurance Corporation (FDIC)
- Office
of the Comptroller of the Currency (OCC)
- National
Credit Union Administration (NCUA)
- Office
of Thrift Supervision (OTS)
- Consumer
Financial Protection Bureau (CFPB)
United
Kingdom
- Financial
Conduct Authority (FCA)
- Prudential
Regulation Authority (PRA)
Japan Financial
Services Agency (FSA)Germany Federal
Financial Supervisory Authority (BaFin)France Autorité
des marchés financiers (France) (AMF)Singapore Monetary
Authority of Singapore (MAS), Switzerland Swiss
Financial Market Supervisory Authority (FINMA)Italy Commissione
Nazionale per le Società e la Borsa (CONSOB)
People's
Republic of China
Brazil
- Comissão
de Valores Mobiliários (CVM) (Securities and
Exchange Commission)
- Banco
Central do Brasil (BCB) (Central Bank of Brazil)
- Superintendência
de Seguros Privados (SUSEP) (Superintendence of
Private Insurance)
Canada
- Canada is one
of the few countries that does not have a country wide securities
regulator. Canadian
securities regulation is instead done at province level by
separate agencies coordinated through the Canadian
Securities Administrators.
- Investment
Industry Regulatory Organization of Canada (IIROC) (French: Organisme
canadien de réglementation du commerce des valeurs mobilières,
OCRCVM)
- Office
of the Superintendent of Financial Institutions (OSFI)
Unique jurisdictions In most cases, financial regulatory authorities regulate all
financial activities. But in some cases, there are specific authorities to
regulate each sector of the finance industry, mainly banking, securities, insurance and pensions
markets, but in some cases also commodities, futures, forwards, etc. For
example, in Australia, the Australian
Prudential Regulation Authority (APRA) supervises banks
and insurers, while the Australian
Securities and Investments Commission (ASIC) is responsible
for enforcing financial services and corporations laws.
Sometimes
more than one institution regulates and supervises the banking market, normally
because, apart from regulatory authorities, central banks also regulate the
banking industry. For example, in the USA banking is regulated by a lot of
regulators, such as the Federal
Reserve System, the Federal
Deposit Insurance Corporation, the Office of
the Comptroller of the Currency, the National
Credit Union Administration, the Office of
Thrift Supervision, as well as regulators at the state level.
In
addition, there are also associations of financial regulatory authorities. In
the European
Union, there are the Committee
of European Securities Regulators (CESR), the Committee
of European Banking Supervisors (CEBS) and the Committee
of European Insurance and Occupational Pensions Supervisors
(CEIOPS), which are Level-3 committees of the EU in the Lamfalussy
process. And, at a world level, we have the International
Organization of Securities Commissions (IOSCO), the International
Association of Insurance Supervisors, the Basel
Committee on Banking Supervision, the Joint
Forum, and the Financial
Stability Board.
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