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CS Executive · Capital Market and Securities Laws · Securities Market Intermediaries

SEBI proposes to cancel the certificate of registration of a registered merchant banker. Under Section 12(3) of the SEBI Act, 1992, which condition applies?

SEBI may suspend or cancel a certificate of registration by order, but only after giving the person concerned a reasonable opportunity of being heard. Section 12(3) makes the hearing a mandatory proviso, and it does not require any prior court order.

  1. ASEBI may suspend or cancel by order, but only after giving the person a reasonable opportunity of being heardCorrect
  2. BSEBI may cancel without any hearing if the order is recorded in writing
  3. CSEBI may suspend but never cancel a certificate
  4. DSEBI must first obtain a court order before cancelling

Explanation

Section 12(3) allows the Board to suspend or cancel a certificate by order in the manner determined by regulations, with the proviso that no such order shall be made unless the person has been given a reasonable opportunity of being heard. No court order is required.

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