CS Executive · Capital Market and Securities Laws · Laws Governing Depositories and Depository Participants
SEBI finds that a depository's bye-laws lack a procedure for resolving disputes involving the depository, issuer, company or a beneficial owner. SEBI directs it by written order to amend its bye-laws within 60 days, but the depository does nothing. What may SEBI do under the Depositories Act, 1996?
SEBI may itself make or amend the bye-laws. When a depository fails or neglects to comply with a written order within the specified period, the Board can make, amend or revoke the bye-laws in the form specified or with modifications it thinks fit.
- AOnly impose a penalty and wait for the depository to act
- BMake or amend the bye-laws itself, in the form specified in the order or with such modifications as it thinks fitCorrect
- CRefer the matter to the issuer to amend the bye-laws
- DCancel the depository's securities admitted without any further step
Explanation
The Board may direct a depository by written order to make, amend or revoke bye-laws within a specified period. If the depository fails or neglects to comply, the Board may itself make, amend or revoke the bye-laws, in the form in the order or with modifications it thinks fit. The penalty-only option ignores this express power.
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