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Section 14

Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018 Last amended on June 04, 2019Central Regulations · 1956

(1) Every recognised stock exchange shall have a minimum networth of one hundred crore rupees at all times:

(2) Every applicant seeking recognition as a clearing corporation under regulation 4 shall have a minimum networth of one hundred crore rupees:

(3) (a) Every recognized clearing corporation, on commencement of operations, shall, on an ongoing basis, maintain capital including retained earnings and reserves, as may be specified by the Board from time to time, to adequately cover counterparty credit risk, business risk, legal and operational risk.

(b) Every recognized clearing corporation shall hold additional capital to cover costs required for orderly wind-down or recovery of operations.

(c) Every recognized clearing corporation shall maintain, at all times, a minimum net worth of one hundred crore rupees or capital as determined under regulation 14(3)(a) and 14(3)(b), whichever is higher.

(4) A recognised stock exchange or a recognised clearing corporation shall not distribute profits in any manner to its shareholders until the networth specified under sub-regulations (1), (2) and (3), as the case may be, is achieved.

(5) Every recognised stock exchange or recognised clearing corporation shall submit an audited networth certificate from the statutory auditor on a yearly basis by the thirtieth day of September of every year for the preceding financial year.

Explanation I.—For the purposes of this regulation, 'networth of a stock exchange' means the aggregate value of paid up equity share capital plus free reserves (excluding statutory funds, benefit funds and reserves created out of revaluation) reduced by the investments in businesses, whether related or unrelated, aggregate value of accumulated losses and deferred expenditure not written off, including miscellaneous expenses not written off.

Explanation II.—For the purposes of this regulation, 'networth of a clearing corporation' means the aggregate value of its liquid assets calculated in the manner as specified by the Board from time to time.

CHAPTER IV OWNERSHIP OF STOCK EXCHANGES AND CLEARING CORPORATIONS Definitions

15. For the purposes of this Chapter:

(1) "banking company" shall have the same meaning as assigned to it in clause (c) of section 5 of the Banking Regulation Act, 1949 (10 of 1949);

(2) "insurance company" shall have the same meaning as assigned to it in sub-section (8) of section 2 of the Insurance Act, 1938 (4 of 1938);

(3) "person resident in India" shall have the same meaning as assigned to it in clause (v) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999);

(4) "person resident outside India" shall have the same meaning as assigned to it in clause

(w) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999).

(5) “public financial institution” shall have the same meaning as assigned to it in sub-section (72) of section 2 of the Companies Act, 2013 General conditions

Where this provision sits

ActSecurities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018 Last amended on June 04, 2019
Section14
JurisdictionCentral
StatusIn force as published by the source

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