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Core Purpose

Notification of the SEBI (Depositories and Participants) (Third Amendment) Regulations, 2024, inserting a new regulation 60A on nomination facility for beneficial owners.

Detailed Summary

By notification F. No. SEBI/LAD-NRO/GN/2024/213 dated 28th November 2024, the Securities and Exchange Board of India, exercising powers under section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) read with section 25 of the Depositories Act, 1996 (22 of 1996), made the Securities and Exchange Board of India (Depositories and Participants) (Third Amendment) Regulations, 2024, effective from the date of publication in the Official Gazette, further amending the Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018 (published 3rd October 2018 vide No. SEBI/LAD-NRO/GN/2018/40, and previously amended on 4th June 2019, 21st February 2020, 17th April 2020, 5th May 2021, 3rd August 2021, 13th August 2021, 26th October 2021, 23rd February 2022, 2nd March 2023, 22nd August 2023, 10th May 2024 and 26th August 2024); the amendment inserts a new regulation 60A in Chapter VII after regulation 60, requiring every participant to provide beneficial owners the option to nominate a person to whom securities vest upon the beneficial owner's death, and to nominate a person authorized to conduct transactions on the beneficial owner's behalf in the event of incapacitation, allows joint beneficial owners to jointly nominate a person to whom securities shall vest upon the death of all joint owners, and states that the depository and participant shall not be liable for any action taken based on such nomination; the notification was signed by Babitha Rayudu, Executive Director.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-MH-E-02122024-259089 EXTRAORDINARY PART III-Section 4 PUBLISHED BY AUTHORITY No. 959] NEW DELHI, SATURDAY, NOVEMBER 30, 2024/AGRAHAYANA 9,1946 SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai, the 28th November, 2024 SECURITIES AND EXCHANGE BOARD OF INDIA (DEPOSITORIES AND PARTICIPANTS) (THIRD AMENDMENT) REGULATIONS, 2024 F. No. SEBI/LAD-NRO/GN/2024/213.—In exercise of the powers conferred by section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) read with section 25 of the Depositories Act, 1996 (22 of 1996), the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018 namely, — 1. These regulations may be called the Securities and Exchange Board of India (Depositories and Participants) (Third Amendment) Regulations, 2024. 2. They shall come into force on the date of their publication in the Official Gazette. 3. In the Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018, — I) In Chapter VII after regulation 60 a new regulation 60A shall be inserted, namely: "Nomination 60A. (1) Every participant shall provide an option to the beneficial owner to nominate, in the manner as may be specified, a person to whom the securities held by him shall vest in the event of his death. (2) Every participant shall provide an option to the beneficial owner to nominate, in the manner as may be specified, a person who shall be authorized to conduct transactions on behalf of the beneficial owner in the event of the incapacitation of the beneficial owner. (3) Where the account is held in the name of more than one person jointly, the joint beneficial owners may together nominate, in the manner specified, a person upon whom the securities held by them shall vest, in the event of the death of all the joint beneficial owners. (4) The depository and participant shall not be liable for any action taken on the basis of nomination made by the beneficial owner." BABITHA RAYUDU, Executive Director [ADVT.-III/4/Exty./724/2024-25] Footnote: 1. The Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018 were published in the Gazette of India on October 3, 2018 vide No. No. SEBI/LAD-NRO/GN/2018/40.2. 2. The Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018 were subsequently amended on, a. 4th June, 2019 by the Securities and Exchange Board of India (Depositories and Participants) (Amendment) Regulations, 2019 vide No. SEBI/LAD-NRO/GN/2019/20. b. 21st February, 2020 by the Securities and Exchange Board of India (Depositories and Participants) (Amendment) Regulations, 2020 vide No. SEBI/LAD-NRO/GN/2020/04. c. 17th April, 2020, by the Securities and Exchange Board of India (Regulatory Sandbox) (Amendment) Regulations, 2020, vide No. SEBI/LAD-NRO/GN/2020/10. d. 5th May, 2021, by the Securities and Exchange Board of India (Payment of Fees and Mode of Payment) (Amendment) Regulations 2021, vide No. SEBI/LAD-NRO/GN/2021/23. e. 3rd August, 2021, by the Securities and Exchange Board of India (Regulatory Sandbox) (Amendment) Regulations, 2021, vide No. SEBI/LAD-NRO/GN/2021/30. f. 13th August, 2021 by the Securities and Exchange Board of India (Depositories and Participants) (Amendment) Regulations, 2021 vide No. SEBI/LAD-NRO/GN/2021/43. g. 26th October 2021 by the Securities and Exchange Board of India (Depositories and Participants) (Second Amendment) Regulations, 2021 vide No. SEBI/LAD- NRO/GN/2021/53. h. 23rd February 2022 by the Securities and Exchange Board of India (Depositories and Participants) (Amendment) Regulations, 2022 vide No. SEBI/LAD-NRO/GN/2022/74. i. 2nd March 2023 by the Securities and Exchange Board of India (Depositories and Participants) (Amendment) Regulations, 2023 vide No. SEBI/LAD-NRO/GN/2023/125. j. 22nd August, 2023 by the Securities and Exchange Board of India (Depositories and Participants) (Second Amendment) Regulations, 2023 vide No. SEBI/LAD- NRO/GN/2023/147. k. 10th May, 2024 by the Securities and Exchange Board of India (Depositories and Participants) (Amendment) Regulations, 2024 vide No. SEBI/LAD-NRO/GN/2024/173. l. 26th August, 2024 by the Securities and Exchange Board of India (Depositories and Participants) (Second Amendment) Regulations, 2024 vide No. SEBI/LAD- NRO/GN/2024/200. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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