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Core Purpose

Notification making the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Second Amendment) Regulations, 2023, extending clearing-member default provisions to participants.

Detailed Summary

Issued by the Securities and Exchange Board of India (No. SEBI/LAD-NRO/GN/2023/139, dated 24th July 2023, Mumbai, signed by Babitha Rayudu, Executive Director, ADVT.-III/4/Exty./298/2023-24), the Board, exercising powers under sections 4, 8A and 31 of the Securities Contracts (Regulation) Act, 1956, read with sections 11 and 30 of the Securities and Exchange Board of India Act, 1992, makes the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Second Amendment) Regulations, 2023, amending the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018 (originally published 3rd October 2018 vide SEBI/LAD-NRO/GN/2018/41, and previously amended in 2019, 2020 twice, 2021 twice, 2022 twice and February 2023) by inserting the word "participants" into regulation 22D alongside "clearing members" and "issuers of the debt securities", and into regulation 37(2) and 37(3), thereby extending provisions governing failure to honour obligations, previously applicable only to clearing members, to participants as well; the amendment takes effect on the date of publication in the Official Gazette.

Full Text

EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 516] NEW DELHI , MON DAY, JULY 24, 2023/ SHRAVANA 2, 1945 CG-MH-E-24072023-247576 SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Mumbai, the 24 th July, 2023 SECURITIES CONTRACTS (REGULATION) (STOCK EXCHANGES AND CLEARING CORPORATIONS) (SECOND AMENDMENT) REGULATIONS, 2023 No. SEBI/LAD -NRO/GN/2023/139 .─In exercise of the powers conferred by sections 4, 8A and 31 of the Securities Contracts (Regulation) Act, 1956, read with sections 11 and 30 of the Securities and Exchange Board of India Act, 1992, the Board hereby makes the f ollowing regulations to further amend the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018, namely: — 1. These regulations may be called the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corpora tions) (Second Amendment) Regulations, 2023. 2. They shall come into force on the date of their publication in the Official Gazette. 3. In the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018, — (1) in regulation 22D, after the words “the clearing members” and before the words “and issuers of the debt securities”, the words and symbol “, participants” shall be inserted. (2) in regulation 37, (a) in sub -regulation (2), after the words “the event of a clearing member” and before the words “failing to honour”, the words “or a participant” shall be inserted; (b) in sub -regulation (3), after the words “failure of clearing member(s)”, the words “or participant(s)” shall be inserted. BABITHA RAYUDU , Executive Director [ADVT. -III/4/Exty./2 98/2023 -24] Footnotes: 1. The Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018 were published in the Gazette of India on 3rd October 2018 vide No. SEBI/LAD -NRO/GN/2018/41. 2. The Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018 were subsequently amended on – (a) 4th June, 2019, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2019 vide No. SEBI/LAD -NRO/GN/2019/21. (b) 17th April, 2020, by the Securities and Exchange Board of India (Regulatory Sandbox) (Amendment) Regulations, 2020vide No. SEBI/LAD -NRO/GN/2020/10. (c) 8th October, 2020, by the Securities Contracts (Regulation) (Stock Ex changes and Clearing Corporations) (Amendment) Regulations, 2020 vide No. SEBI/LAD -NRO/GN/2020/32. (d) 23rd March, 2021, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2021 vide No. SEBI/LAD -NRO/GN /2021/12. (e) 13th August, 2021, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Second Amendment) Regulations, 2021 vide No. SEBI/LAD -NRO/GN/2021/44. (f) 12th August 2022, by the Securities Contracts (Regulation) (Stock Excha nges and Clearing Corporations) (Amendment) Regulations, 2022 vide No. SEBI/LAD -NRO/GN/2022/93. (g) 15th November, 2022, by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Second Amendment) Regulations, 2022 vide No. SEBI/LAD -NRO/GN/2022/104. (h) 28th February, 2023 by the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2023 vide No. SEBI/LAD -NRO/GN/2023/124. 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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