(1) On and from such date as may be notified by the Board in the official gazette, no specified intermediary or other entity shall act as such, unless—
(a) it has obtained a unique identification number from the Designated Service Provider; and
(b) the following related persons have been allotted unique identification numbers by the Designated Service Provider :
(i) its principal officer and personnel engaged in the operational activities of the intermediary for which a certificate of registration is required or taken from the Board;
(ii) its promoters, other than the Central or State Government or any statutory authority;
(iii) its directors, in case it is a body corporate;
(iv) its partners, in case it is a partnership firm;
1[(v) in case of a stock broker, any approved user of the terminals allotted to him by the stock exchange, including terminals installed through Computer to Computer Link (CTCL) connectivity or any other means of connectivity approved by the stock exchange, which facilitates access to trading system of the exchange, except his sub-broker;]
(vi) the sponsors, trustees, asset management companies and asset managers, where applicable;
2[(vi-a)the directors and personnel engaged in the operational activities of asset management companies; and] (vii) its proprietor, where applicable; 3[***] 1 Substituted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004. Prior to its substitution, sub-clause (v) read as under :- “(v) its associates and their directors;” 2 Inserted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O.
No. 854(E) dated 21-7-2004.
3 Word “and” omitted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004.
Page 7 of 13
(viii) 1[***].
2[Explanation.—For the purposes of sub-clauses (i) and (vi-a), the words ‘personnel engaged in the operational activities’ shall mean the employees comprising the top three tiers of management excluding the Board of Directors engaged in the operational activities of the specified intermediary and such other employees as may be identified by the intermediary:]
Provided that such person may continue to act as an intermediary or other entity if it has made applications for allotment of unique identification number under regulation 7 before the notified date and where such application has been rejected by the Board, an appeal has been filed and such appeal is pending for disposal.
(2) Every certificate of registration issued to a specified intermediary by the Board after commencement of these regulations shall be subject to the condition that prior to commencement of its activities, the intermediary shall obtain a unique identification number for itself and for the persons mentioned in clause (b) of sub-regulation (1) in accordance with these regulations.
Specified listed company to obtain unique identification number
5. On and from such date as may be notified by the Board in the official gazette, no specified listed company or a company which intends to get its securities listed shall issue any securities which are proposed to be listed on a recognized stock exchange, unless—
(a) it has obtained a unique identification number from the Designated Service Provider; and
(b) the following related persons have been allotted unique identification numbers by the Designated Service Provider:
(i) its promoters, other than the Central or State Government or any statutory authority;
(ii) its directors and officers;
(iii) its designated employees;
(iv) its subsidiaries, its holding company and the holding company’s subsidiaries, if any;
(v) its associates and their directors; and
(vi) relatives of the natural persons mentioned in sub-clauses (i) to (iii) and (v) above :
1 Sub-clause (viii) omitted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O. No. 854(E) dated 21-7-2004. Prior to omission, it read as under: “(viii) relatives of the natural persons mentioned in sub-clauses (i) to (vii) above:” 2 Inserted by the SEBI (Central Database of Market Participants) (Amendment) Regulations, 2004, vide S.O.
No. 854(E) dated 21-7-2004 Page 8 of 13
Provided that a specified listed company may, make an issue of securities which are proposed to be listed in any recognized stock exchange if it has made an application for allotment of unique identification number before the notified date, till the disposal of the application and where an appeal has been filed, till such appeal is disposed of.
1[Power of the Board to extend time in respect of related persons
5A.(1) Where the Board is satisfied that it is necessary, in order to prevent genuine hardship, that the time for obtaining unique identification numbers has to be extended beyond the date notified under regulations 4 or 5, as the case may be, in respect of any class of related persons of specified intermediaries or specified listed companies, it may by notification in the Official Gazette, specify a date within which such class of related persons ought to obtain unique identification numbers.
(2) Where any person belonging to such class of related persons does not obtain unique identification number within the date notified under sub-regulation (1), the prohibitions contained in sub-regulation (1) of regulation 4 or regulation 5, as the case may be, shall apply to the concerned specified intermediary or specified listed company.]
Specified investors to obtain unique identification numbers