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Core Purpose

Notification of the International Financial Services Centres Authority (Capital Market Intermediaries) (Amendment) Regulations, 2023, amending the 2021 Principal Regulations to introduce and define "distributor" and "registered distributor" as categories of capital market intermediary.

Detailed Summary

The International Financial Services Centres Authority (IFSCA), by notification IFSCA/2023-24/GN/REG040 dated 3rd July, 2023, issued at Gandhinagar, in exercise of powers conferred by sub-section (1) of Section 28 read with sub-section (1) of Section 12 and sub-section (1) of Section 13 of the International Financial Services Centres Authority Act, 2019, and Section 28C of the Securities and Exchange Board of India Act, 1992, makes the International Financial Services Centres Authority (Capital Market Intermediaries) (Amendment) Regulations, 2023, effective from the date of publication in the Official Gazette, further amending the International Financial Services Centres Authority (Capital Market Intermediaries) Regulations, 2021 (the Principal Regulations, published vide notification No. IFSCA/2021-22/GN/REG018 on 18th October, 2021). The amendments insert clause (ga) in sub-regulation (1) of regulation 2 defining "capital market intermediary" as an intermediary referred to in regulation 3 and registered with the Authority; insert clause (oa) defining "distributor" as a person who, for remuneration, engages with clients on behalf of an issuer or service provider to facilitate investment or subscription into capital market products or services, as defined under circular no.817/IFSCA/Distribution/2022-23 dated 21st December, 2022; insert clause (dda) defining "registered distributor"; omit the word "and" from clause (g) of sub-regulation (1) of regulation 3; and insert new clause (ga) in regulation 3(1) adding "Distributors" as a category of intermediary. The notification is signed by Injeti Srinivas, Chairperson, and bears reference ADVT.-III/4/Exty./250/2023-24.

Full Text

EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 469] NEW DELHI, TUES DAY, JULY 4, 2023/ASHADHA 13, 194 5 CG-GJ-E-04072023-247020 INTERNATIONAL FINANCIAL SERVICES CENTRES AUTHORITY NOTIFICATION Gandhinagar, the 3 rd July, 2023 INTERNATIONAL FINANCIAL SERVICES CENTRES AUTHORITY ( CAPITAL MARKET INTERMEDIARIES ) (AMENDMENT) REGULATIONS, 202 3 IFSCA/2023 -24/GN/REG040 .—In exercise of the powers conferred by sub -section (1) of Section 28 read with sub -section (1) of Section 12 and sub -section (1) of Section 13 of the International Financial Services Centres Authority Act, 2019, Section 28C of the Securities and Exchange B oard of India Act, 1992, the International Financial Services Centres Authority hereby makes the following regulations , further to amend the International Financial Services Centres Authority ( Capital Market Intermediaries ) Regulations, 202 1, (hereinafter referred to as the Principal Regulations), namely: - 1. (1) These regulations may be called the International Financial Services Centres Authority ( Capital Market Intermediaries ) (Amendment) Regulations, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In regulation 2 of the Principal Regulations, after clause (g) of sub-regulation ( 1), the following clause (ga) shall be inserted , namely :— “ “capital market intermediary” means an intermediary referred to in regulation 3 and is registered with the Authority under these regulations; ” 3. In regulation 2 of the Principal Regulations, after clause (o) of sub-regulation (1), the following clause (oa ) shall be inserted, namely: — “ “distributor” means a person who for remuneration engages with clients on behalf of an issuer or a service provider to facilitate investment or subscription into “capital market products ” or “capital market services ”, as defined under circular no.817/IFSCA/Distribution/2022 -23 dated December 21, 2022 issue d by the Authority ;” 4. In regulation 2 of the Principal Regulations, after clause (dd) of sub-regulation (1), the following clause (dda) shall be inserted, namely: — “ “registered distributor” means a distributor registered with the Authority under these regulations;” 5. In regulation 3 of the Principal Regulations, in clause (g) under sub -regulation (1), the word “and” shall be omitted. 6. In regulation 3 of the Principal Regulations, after clause (g) of sub-regulation (1), the following clause (ga) shall be inserted, namely: — “Distributors; and” INJETI SRINIVAS , Chairperson [ADVT. -III/4/Exty./ 250/2023 -24] Note: 1. The International Financial Services Centres Authority ( Capital Market Intermediaries ) Regulations, 202 1 were published in the Gazette of India : Extraordinary vide notification No. IFSCA/2021 -22/GN/REG0 18 on 18th October 2021. Uploaded by Dte . of Printing at Government of India Press, Ring Road, Mayapuri, New Del hi-110064 and Published by the Controller of Publications, Delhi -110054 .

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