29039117 working of depositary system 111211102319 phpapp01

Upload: ravinder-banger

Post on 03-Apr-2018

219 views

Category:

Documents


0 download

TRANSCRIPT

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    1/75

    Working of Depository system

    1

    A PROJECT REPORTOn Working of

    Depository system

    A project Report submitted in partial fulfillment of the requirements

    for the award of the degree of

    MASTER OF BUSINESS ADMINISTRATIONTO

    SRI SAI COLLEGE OF ENGINEERING AND

    TECHNOLOGY

    PUNJAB TECHNICAL UNIVERSITY

    JALANDHAR

    BY

    SUSHIL KUMAR

    ROLL NO.80503317057

    Under the guidance of

    Mr. PUNEET SHARMA (H.O.D)

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    2/75

    Working of Depository system

    2

    TO WHOMSOEVER IT MAY CONCERN

    This is to certify that the project report titled Working of depositort system carried out

    by Mr.sushil kumar, S/o Shri. Rndhir singh (Fathers Name) has been accomplished under my

    guidance & supervisionas a duly registered MBA student of the Sri sai college of engineering

    and technology, Badhani. This project is being submitted by him in the partial fulfillment of the

    requirements for the award of the Master of Business Administration from Sri sai college of

    engineering and technology.

    His project work represents his original work and is worthy of consideration for the award of the

    degree of Master of Business Administration.

    ___________________________________(Name & Signature of the Faculty Advisor)

    Title: Working of depository system

    Date: ______________________________

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    3/75

    Working of Depository system

    3

    ACKNOWLEDGEMENT

    I would like to express my appreciation and gratitude to various people who have shared

    their valuable time and made possible this project ,through their direct indirect cooperation .

    My honorable Sir Mr. Puneet Sharma (HOD) and Miss Ripsy mahajan (Project in-

    charge), for allowing me to work on this project and provide necessary help.

    I thank my respected faculties, dear friend & colleagues, who help me in every possible

    ways , support me and encouraged me to explore new dimensions.

    SUSHIL KUMAR

    MBA 4nd Semester

    ROLL NO: 80503317057

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    4/75

    Working of Depository system

    4

    INDEX

    S.NO. PARTICULARS PAGE NO.

    1. Certificate 05

    2. Declaration 06

    3. Preface 07

    4. Introduction

    y Depository

    y Deposiory system

    y Leagal framework of DS

    y Functions of DS

    y Benefits of DS

    y Safety feature in the DS

    y Difference b/w Bank and Depository

    y Some important process in DS

    08

    09

    1314

    19

    21

    22

    35

    36

    5. National securitirs depository system

    y About NSDL

    y Management of NSDL

    y Fee structure of NSDL

    y Technology and connectivity in NSDL

    y Common software use in NSDL

    42-50

    43

    45

    47

    48

    50

    6. Central securitirs depository system

    About CSDL

    Shareholders of CSDL

    Board of diectors and management

    Fee structure of CSDL

    51-55

    52

    53

    54

    55

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    5/75

    Working of Depository system

    5

    7. Research methodology

    y Objectives of the study

    y Types of research

    y Methods of data collection

    y Tools of analysis

    y Research design

    56-58

    57

    57

    58

    58

    58

    8. Data analysis and interpretation 59-65

    9. Observations 66

    10. Suggestions 68

    11. Limitations 69

    12. Conclusion 70

    13. Biblography 71

    14. Orignal synopsis 72

    15. Questioneerie 74

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    6/75

    Working of Depository system

    6

    CERTIFICATE

    This to certify that SUSHIL KUMAR ,M.B.A 4 Semester ,S.S.C.E.T Badhani

    (Pathankot) under P.T.U Jalandhar has done project on Working of depositary system and has

    successfully completed his project on my guideline.

    It is only for academic purpose and is a bonfires work done by researcher .

    Project Guide

    Mr. Puneet Sharma

    Faculty

    S.S.C.E.T

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    7/75

    Working of Depository system

    7

    DECLARATION

    I am Sushil Kumar do here by declare that the project work entitle on the Working of

    depositary system is the original work done by me.

    This project report presented as a partial fulfillment requirement for the degree of Master

    of Business administration.

    Sushil kumar

    MBA 4nd semester

    S.S.C.E.T

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    8/75

    Working of Depository system

    8

    PREFACE

    The successful completion of this project was a unique experience for me because by

    visiting many place and interacting various person, I achieved a better knowledge about this

    system. The experience which I gained by doing this project was essential at this turning point of

    my carrier this project is being submitted which content detailed analysis of the research under

    taken by me.

    The research provides an opportunity to the student to devote his/her skills knowledge

    and competencies required during the technical session.

    The research is on the topic Working of Depositary system

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    9/75

    Working of Depository system

    9

    INTRODUCTION

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    10/75

    Working of Depository system

    10

    INTODUCTION

    One of the biggest problem faced by the indian capital market has been the manual

    and paper based settlement system. Under this system, the clearing and settlement of transactiontake place only with the use of paper work. The system of physical delivery of scrips poses

    many problems for the purchaser as well as the seller in the form of delayed settlements, long

    settlement periods, high level of failed trade, high cost of transaction, bad deliveries etc. In many

    cases transfer process takes much longer time then two month as stipulated in section 113 of

    companies Act, 1956 or section 22 A of the securities Contracts (Regulations) Act, 1956.

    Moreover, a large number of transactions end up as bad deliveries due to faulty compliance of

    paper work, mismatch of signatures on transfer deeds with specimen record of the issuer or other

    procedural reasons. Besides, theft, forgery, multination of certificates and other irregularities

    have also become rampant.

    However, as a consequence of implementation of reforms measures, the Indian

    capital market has shown rapid growth in the recent past with foreign investors, more stock

    exchanges and increased market intermediaries. The old manual system of settlement and

    transfer has almost failed to handle the growing volume of paper that has loaded the market.

    Thus, to eliminate paperwork, facilitate scrip less trading and electronic book entry of the

    transfer of securities, shorten settlement periods, and to improve liquidity in the stock market, it

    was found necessary to replace the old system of transfer and settlement with the new and

    modern system of depositories. Accordingly the government of India enacted the depositories

    Act in 1996 for the orderly growth and development of the Indian capital market.

    It is a system whereby the transfer and settlement of scrips take place not through

    the traditional method of transfer deeds and physical delivery of scrips but through the modern

    system of effecting transfer of ownership of securities by means of book entry on the ledgers or

    the depositary without the physical movement of scrips. The new system, thus , eliminates paperwork, facilities automatic and transparent trading in scrips, shortens the settlement period and

    ultimately contributes to the liquidity of investment in securities. The system is also known as

    scriples trading system.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    11/75

    Working of Depository system

    11

    There are essentially four player in the depository system:

    y The Depositary participant

    y The Beneficial owner/investor

    y The issuer

    y The depositary

    A depositary is a firm wherein the securities of an investor are held in electonic

    form in the same way a bank holds money. It crries out the transactions of securities by means of

    book entry, without any physical movement of securities. The depositary based settelment

    system is also called book entry transfer settelment. The depositary acts as a defecto owner of

    the securities lodged with it forn the limited purpose of transfer of ownership. It functions as a

    custodian of securities of its clients. The name of the depositary appears in the records. With

    increase in the number of transactions in the stock market, it had become difficult for the

    investors to hold share certificates and debt instruments in bulk. But now, depositary institutions

    handle this job. At present there are two depositories in india.

    Number of Depositories in India

    y National securities depositary Ltd. (NSDL)

    y Central depositary services (india) Ltd. (CDSL)

    NSDL was formed and registered under the companies act 1956 during December 1995 and

    commenced operations during november1996. NSDL was promoted by Industrial Development

    Bank of India (IDBI)-the largest development bank in India, Unit trust of India (UTI)-the largest

    mutual fund in India and National stock exchange (NSE)-the largest stock exchange in India.

    Some of the prominent banks in the country also have a stake in NSDL.

    Central Depository services (India) limited which commenced operations during February

    1999.CSDL was promoted by stock exchange, Mumbai in association with Bank of Baroda,

    Bank of India, State Bank of India and HDFC Bank.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    12/75

    Working of Depository system

    12

    DEPOSITARY

    SYSTEM

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    13/75

    Working of Depository system

    13

    WHAT IS DEPOSITORY

    Electronic revolution has brought about a number of changes in the functioning of Indian

    capital market. The most revolutionary change that was brought in the entire history of the Indian

    market is the introduction of depository.The century old Indian market has been vibrant all along but its paper- based settlement

    of trades caused problems like bad delivery, delayed transfers etc., until the enhancement of

    depository act in 1996. The depository model in India is a competitive multi depository system in

    India the system of dematerialization is followed, wherein the securities will be cancelled as

    against the system of immobilization in which the securities are kept in custody.A depository is

    an organization where the securities of an investor are held in electronic form and carries out the

    securities transaction by book entry.

    A depository is a file or set of files in which data is stored for the purpose of safekeeping

    or identity authentication. A common example is the set of personal data files at a credit

    reporting agency such as Equifax. Another example is the data contained at a state motor vehicle

    department. In a biometric security system, a depository contains data about people's physical

    characteristics such as iris prints and finger images.

    Additional information may be added, including facial characteristics, voice prints, and

    hand prints. When a person's identity must be verified, one or more biometric samples is taken in

    real time, and this data is compared with the data in the depository. In general information

    storage applications, a depository is a physical site where data is kept in the form of hard copies,

    magnetic disks, magnetic tapes, compact disks (CDs), and similar media. A good example is the

    safe deposit vault in a financial institution. An ideal depository is secure, in the sense that only

    authorized persons or institutions can gain access to the data it contains. However, experience

    has shown that many depositories, no matter how secure they claim to be, can be compromised

    by a determined hacker or thief.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    14/75

    Working of Depository system

    14

    WHAT IS DEPOSTORY SYSTEM

    The erstwhile settlement system on Indian stock exchanges was also inefficient and

    increased risk, due to the time that elapsed before trades were settled. The transfer was by

    physical movement of papers. There had to be a physical delivery of securities -a process fraught

    with delays and resultant risks. The second aspect of the settlement relates to transfer of shares in

    favour of the purchaser by the company. The system of transfer of ownership was grossly

    inefficient as every transfer involves physical movement of paper securities to the issuer for

    registration, with the change of ownership being evidenced by an endorsement on the security

    certificate. In many cases the process of transfer would take much longer than the two months

    stipulated in the Companies Act, and a significant proportion of transactions would end up as bad

    delivery due to faulty compliance of paper work. Theft, forgery, mutilation of certificates and

    other irregularities were rampant. In addition, the issuer has the right to refuse the transfer of a

    security. All this added to costs and delays in settlement, restricted liquidity and made investor

    grievance redressal time consuming and, at times, intractable.

    To obviate these problems, the Depositories Act, 1996 was passed. It provides for the

    establishment of depositories in securities with the objective of ensuring free transferability of

    securities with speed, accuracy and security. It does so by (a) making securities of public limited

    companies freely transferable, subject to certain exceptions; (b) dematerialising the securities in

    the depository mode; and (c) providing for maintenance of ownership records in a book entry

    form. In order to streamline both the stages of settlement process, the Act envisages transfer

    ownership of securities electronically by book entry without making the securities move from

    person to person. The Act has made the securities of all public limited companies freely

    transferable, restricting the company's right to use discretion in effecting the transfer of

    securities, and the transfer deed and other procedural requirements under the Companies Act

    have been dispensed with. Two depositories, viz., NSDL and CDSL, have come up to provideinstantaneous electronic transfer of securities.

    In any stock exchange, trades or transactions have to be settled by either squaring up the

    carrying forward positions or settling by payment of net cash or net delivery of securities. This

    account settlement period, if it is long leads to several price distortions and allows for market

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    15/75

    Working of Depository system

    15

    manipulation. It increases the chances of speculation resulting in volatility, which hurts the small

    investors. With the application of IT in the securities market - screen-based trading and trading

    through the Internet - it has been possible to reduce this settlement period.

    Legal Framework of depositary system

    The operations of the depositories are primarily governed by the Depositories Act, 1996,

    Securities and Exchange Board of India (Depositories & Participants) Regulations, 1996, Bye-

    Laws approved by SEBI, and Business Rules framed in accordance with the Regulations and

    Bye-Laws.

    The Depositories Act passed by Parliament received the President's assent on August 10,

    1996. It was notified in a Gazette on August 12 of the same year. The Act enables the setting up

    of multiple depositories in the country. This was to see that there is competition in the service

    and there is more than one depository in operation. At present, two depositories are registered

    with SEBI - The National Securities Depository Limited (NSDL) and Central Depository

    Services (India) Limited (CDSL).

    Only a company registered under the Companies Act, 1956 and sponsored by the

    specified category of institutions can set up a depository in India. Before commencing

    operations, depositories should obtain a certificate of registration and a certificate of

    commencement of business from SEBI.The rights and obligations of depositories, depository participants, issuers and beneficial

    owners are spelt out clearly in the Depositories Act 1996.

    As per the Act :

    Section 4: DP is an agent of the Depository: A DP is an agent of the depository, who provides

    various services of the depository to investors. The DP has to enter into an agreement with the

    depository to this effect. Any investor who would like to avail the services of a depository has to

    enter into an agreement with any DP of his choice. The DP will then make the depository

    services available to the investor.

    Section 7: Free Transferability : The securities held by an investor in the depository are freely

    transferable from one beneficial owner to another.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    16/75

    Working of Depository system

    16

    Section 8: Option to hold securities in demat form : In the depository system, every investor

    subscribing to securities offered by an issuer has an option to receive the same in physical form

    or dematerialised form. If an investor opts for receiving the securities in dematerialised form, the

    issuer intimates the depository the details of allotment of security. On receipt of this information,

    the depository enters the name of the allottee as the beneficial owner of that security in its record.

    Section 9: Securities held in a depository are fungible : All securities held by the depository are

    in dematerialised and fungible form.

    Section 10: Registered Owner and Beneficial Owner : The depository is deemed to be the

    registered owner for the purpose of effecting transfer of ownership of security on behalf of a

    beneficial owner. But as a registered owner, it does not have any voting rights or any other rights

    in respect of those securities. The beneficial owner is entitled to all rights and benefits as well as

    subject to all liabilities in respect of his securities held in the depository.

    Section 14: Option to opt out of depository : A beneficial owner may opt out of a depository in

    respect of any security by requisite intimation to the depository.

    Section 16: Depository to indemnify losses : A depository shall indemnify a beneficial owner,

    any loss caused due to negligence of the depository or its participant.

    Eligibility Criteria for a Depository Any of the following may promote a depository:

    1. A public financial Institution as defined in section 4A of the Companies Act, 1956;

    2. A bank included in the Second Schedule to the Reserve Bank of India Act, 1934;

    3. A foreign bank operating in India with the approval of the Reserve Bank of India;

    4. A recognised stock exchange;

    5. An institution engaged in providing financial services where not less than 75% of the equity is

    held jointly or severally by these institutions;

    6. A custodian of securities approved by Government of India, and

    7. A foreign financial services institution approved by Government of India.

    The promoters of a depository are also known as its sponsors. A depository company

    must have a minimum net worth of Rs. 100 crore. The sponsor(s) of the depository have to hold

    at least 51% of the equity capital of the depository company. Participants of that depository, if

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    17/75

    Working of Depository system

    17

    any, can hold the balance of the equity capital. However, no single participant can hold, at any

    point of time, more than 5% of the equity capital. No foreign entity, individually or collectively

    either as a sponsor or as a DP, or as a sponsor and DP together, can hold more than 20% of the

    equity capital of the depository.

    Registration As per the provisions of the SEBI Act, a depository can deal in securities only

    after obtaining a certificate of registration from SEBI. The sponsors of the proposed depository

    should apply to SEBI for a certificate of registration in the prescribed form. On being satisfied

    with the eligibility parameters of a company to act as a depository, SEBI may grant a certificate

    of registration subject to certain conditions.

    Commencement ofBusiness A depository that has obtained registration as stated above, can

    function only if it obtains a certificate of commencement of business from SEBI. A depository

    must apply for and obtain a certificate of commencement of business from SEBI within one year

    from the date of receiving the certificate of registration from SEBI.

    SEBI grants a certificate of commencement of business if it is satisfied that the

    depository has adequate systems and safeguards to prevent manipulation of records and

    transactions. SEBI takes into account all matters relevant to the efficient and orderly functioning

    of the depository. It particularly examines whether :

    1. The depository has a net worth of not less than Rs. 100 crore;

    2. The Bye-Laws of the depository have been approved by SEBI;

    3. The automatic data processing systems of the depository have been protected against

    unauthorised access, alteration, destruction, disclosure or dissemination of records and data;

    4. The network, through which continuous electronic means of communication are established

    between the depository, participants, issuers and issuers' agents, is secure against unauthorised

    entry or access.

    5. The depository has established standard transmission and encryption formats for electronic

    communication of data between the depository, participants, issuers and issuers' agents;

    6. The physical or electronic access to the premises, facilities, automatic data processing

    systems, data storage sites and facilities including back-up sites, and to the electronic data

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    18/75

    Working of Depository system

    18

    communication network connecting the DPs, issuers and issuers' agents is controlled, monitored

    and recorded;

    7. The depository has a detailed operational manual explaining all aspects of its functioning,

    including the interface and method of transmission of information between the depository,

    issuers, issuers' agents, DPs and beneficial owners;

    8. The depository has established adequate procedures and facilities to ensure that its records are

    protected against loss or destruction and arrangements have been made for maintaining back-up

    facilities at a location different from that of the depository;

    9. The depository has made adequate arrangements including insurance for indemnifying the

    beneficial owners for any loss that may be caused to such beneficial owners by the wrongful act,

    negligence or default of the depository or its participants or of any employee of the depository or

    participant;

    10. The granting of certificate of commencement of business is in the interest of investors in

    securities market.

    Agreement between Depository and Issuers If either the issuer (a company which has

    issued securities) or the investor opts to hold his securities in a demat form, the issuer enters into

    an agreement with the depository to enable the investors to dematerialise their securities.

    No such agreement is necessary where :

    i. Depository, is the issuer of securities, or;

    ii. The State or Central Government is the issuer of government securities.

    Where the issuer has appointed a registrar to the issue or share transfer, the depository

    enters into a tripartite agreement with the Issuer and Registrar & Transfer (R&T) Agent, as the

    case may be, for the securities declared eligible for dematerialisation. At present, NSDL is

    discharging the responsibility of R&T Agent for the securities issued by State and Central

    Governments.

    Rights and Obligations of Depositories Depositories have the rights and obligations conferred

    upon them under the Depositories Act, the regulations made under the Depositories Act, Bye-

    Laws approved by SEBI, and the agreements made with the participants, issuers and their R&T

    agents.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    19/75

    Working of Depository system

    19

    Every depository must have adequate mechanisms for reviewing, monitoring and

    evaluating the depository's controls, systems, procedures and safeguards. It should conduct an

    annual inspection of these procedures and forward a copy of the inspection report to SEBI. The

    depository is also required to ensure that the integrity of the automatic data processing systems is

    maintained at all times and take all precautions necessary to ensure that the records are not lost,

    destroyed or tampered with. In the event of loss or destruction, sufficient back up of records

    should be available at a different place. Adequate measures should be taken, including insurance,

    to protect the interests of the beneficial owners against any risks.

    Every depository is required to extend all such co-operation to the beneficial owners,

    issuers, issuers' agents, custodians of securities, other depositories and clearing organisations, as

    is necessary for the effective, prompt and accurate clearance and settlement of securities

    transactions and conduct of business.

    The depository should indemnify beneficial owners of securities for any loss caused to

    them due to the negligence of the DP. However, where the loss is caused due to the negligence of

    a DP, the depository shall have the right to recover it from such DPs.

    Bye-Laws A depository is required to make Bye-Laws governing its operations. The Bye-

    Laws have to be in conformity with the Depositories Act and the regulations made thereunder,

    and need to be approved by SEBI before becoming effective.

    Depository Every depository is required to maintain the following records and documents.

    These have to be preserved for a minimum period of five years.

    1. Records of securities dematerialised and rematerialised.

    2. The names of the transferor, transferee, and the dates of transfer of securities.

    3. A register and an index of beneficial owners.

    4. Details of the holdings of the securities of beneficial owners as at the end of each day.

    5. Records of instructions received from, and sent to, participants, issuers, issuers' agents and

    beneficial owners.

    6. Records of approval, notice, entry and cancellation of pledge or hypothecation.

    7. Details of participants.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    20/75

    Working of Depository system

    20

    8. Details of securities declared to be eligible for dematerialisation in the depository.

    9. Such other records as may be specified by SEBI for carrying on the activities as a depository.

    Services of Depository A depository established under the Depositories Act can provide any

    service connected with recording of allotment of securities or transfer of ownership of securities

    in the record of a depository. Any person willing to avail the services of the depository can do so

    by entering into an agreement with the depository through any of its participants. A depository

    can provide depository services only through a DP. A depository cannot directly open accounts

    and provide services to clients. Every depository in its Bye-Laws must state which securities are

    eligible for demat holding. Generally, the following securities are eligible for dematerialisation:

    (a) Shares, scrips, stocks, bonds, debentures, debenture stock or other marketable securities of a

    like nature in or of any incorporated company or other body corporate.

    (b) Units of mutual funds, rights under collective investment schemes and venture capital funds,

    commercial paper, certificates of deposit, securitised debt, money market instruments,

    government securities, national saving certificates, kisan vikas patra and unlisted securities.

    (c) Securities admitted to NSDL depository are notified to all DPs through circulars sent by

    email. Investors are informed about these securities through NSDL's Website - www.nsdl.co.in

    and NEST Update - a monthly newsletter of NSDL.

    Functions of Depository

    Dematerialisation: One of the primary functions of depository is to eliminate or minimise

    the movement of physical securities in the market. This is achieved through dematerialisation of

    securities. Dematerialisation is the process of converting securities held in physical form into

    holdings in book entry form.

    Account Transfer: The depository gives effects to all transfers resulting from the

    settlement of trades and other transactions between various beneficial owners by recording

    entries in the accounts of such beneficial owners.

    Transfer and Registration: A transfer is the legal change of ownership of a security in the

    records of the issuer. For effecting a transfer, certain legal steps have to be taken like

    endorsement, execution of a transfer instrument and payment of stamp duty. The depository

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    21/75

    Working of Depository system

    21

    accelerates the transfer process by registering the ownership of shares in the name of the

    depository. Under a depository system, transfer of security occurs merely by passing book

    entries in the records of the depositories, on the instructions of the beneficial owners.

    Corporate Actions: A depository may handle corporate actions in two ways. In the first

    case, it merely provides information to the issuer about the persons entitled to receive corporate

    benefits. In the other case, depository itself takes the responsibility of distribution of corporate

    benefits.

    Pledge and Hypothecation: The securities held with NSDL may be used as collateral to

    secure loans and other credits by the clients. In a manual environment, borrowers are required to

    deliver pledged securities in physical form to the lender or its custodian. These securities are

    verified for authenticity and often need to be transferred in the name of lender. This has a time

    and money cost by way of transfer fees or stamp duty. If the borrower wants to substitute the

    pledged securities, these steps have to be repeated. Use of depository services for pledging/

    hypothecating the securities makes the process very simple and cost effective. The securities

    pledged/hypothecated are transferred to a segregated or collateral account through book entries

    in the records of the depository.

    Linkages with Clearing System: Whether it is a separate clearing corporation attached to

    a stock exchange or a clearing house (department) of a stock exchange, the clearing system

    performs the functions of ascertaining the pay-in (sell) or pay-out (buy) of brokers who have

    traded on the stock exchange. Actual delivery of securities to the clearing system from the selling

    brokers and delivery of securities from the clearing system to the buying broker is done by the

    depository. To achieve this, depositories and the clearing system should be electronically linked.

    Having understood the depository system, let us now look at the organisation and functions of

    National Securities Depository Limited (NSDL).

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    22/75

    Working of Depository system

    22

    BENEFITS OF DEPOSITORY SYSYEM

    y No risks associated with physical certificates such as loss of share certificate, Fake

    securities, Etc.

    y

    No bad delivery.y Faster settlement cycles.

    y Low transaction cost for purchase and sale of securities compared to physical mode.

    y Increase liquidity of securities

    y Reduction of paper work

    y Allotment of IPO, Bonus, Rights shares etc. in electronic form

    y Wavier of stamp duty on transfer of securities

    y

    Intimation like change of address, bank mandate, nomination, request of transmission,required to be given only to Depository Participant (DP) Irrespective of the number of

    companies in which shares held.

    Facilities offered by depository system

    y Dematerialisation

    y Rematerialisation

    y Electronic settlement of trades in stock exchanges connected to depositories.

    y

    Pledging/hypothecation of dematerialized securities.y Electronic credit of securities allotted in public, rights, bonus issue.

    y Nomination facility.

    y Freezing of De-mat accounts, so that the debits from the dematerialization are not

    permitted.

    y Services related to change of address, nomination, mandate, transmission, etc.

    y Other services viz.holding debt instruments in the same demat account.

    y Availing stock lending/borrowing facility, etc.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    23/75

    Working of Depository system

    23

    Safety features in the depository system

    To ensure safety to the investors the following measures exist-

    y Strict norms for becoming depository participant- Net worth criteria, SEBI approval etc.

    is mandatory.

    y DP cannot effect ant debit or credit in the demat account of the investor without the valid

    authorization of the investor.

    y Regulation reconciliation between DP and the depositories.

    y Periodic inspection by Depositories of the office of the DP and Registrar.

    y All investors have a right to receive their statements of accounts periodically from the

    DP.

    y In the depository system, the depository holds the investor accounts on trust. Therefore if

    the DP goes bankrupt the creditors of the DP will have no access to the holdings in the

    name of the clients of the DP.

    y Compulsory internal audit of operations of DP by practicing company secretary of the

    chartered accountant every quarter.

    y Various procedures for backup and safe keeping of data at all the levels.

    SEBI has made compulsory trading of shares of all the companies listed in Stock Exchange

    in demat form w.e.f 2 January 2002. Hence, if the investor wants to trade in respect of the

    companies, which have established connectivity with NSDL & CDSL, he may have to open a

    beneficiary account.

    Beneficiary account

    A beneficiary account is an account opened by the investor or a broker with a DP of his choice,

    to hold shares in dematerialized form and undertake scrip less trading.

    Investor contacting the depository

    The investor must open a demat account with a Depository Participant. Opening a demat account

    with a DP is similar to opening an account with bank. The selection of DP is to be done by the

    investor based on fee payable, proximity, service levels, etc.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    24/75

    Working of Depository system

    24

    Documents required for opening demat account

    For demat account opening the following documents are required to be given-

    y Demat account opening form duly filled.

    y Address proof.

    y Photograph

    y Identity proof

    Other formalities in Demat account opening

    Once a demat account is opened, the investor must sign an agreement with the DP. The

    investor will be allotted an account no. known as client identity. The client identity number along

    with the DP identity number forms a unique combination. Both these numbers should be quoted

    in all the future dealing with Depositories /DP /RTA /Company. However in case of CDSL there

    is no DP identity and the 16-digit Client identity itself is a unique number. The investor must

    collect forms like dematerialization request form (DRF), Delivery instruction slips etc.

    Certain points to be considered while opening Demat account

    Demat account cannot be opened in the name of the partnership firms, as a partnership

    firm is not a legal entity. However, a demat account can be opened in the name of the partners.

    Demat account cannot be opened in the name of the HUF. It has to be opened in the name of the

    Karta of the HUF.

    In the case of a minor, the depository account should be opened in the name of the minor

    and the guardians name should be mentioned. The guardian will sign as signatory on behalf of

    the minor.

    Investor can open any number of DP accounts with any number of DPs. However, investor

    has to incur cost for each of such account.Investor must open different Demat accounts for shares

    held in different combination of names. Alternatively investor can submit the certificate for

    Demat along with transposition form.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    25/75

    Working of Depository system

    25

    Minimum balance of securitiesn required to be maintained in Demat account

    There is no minimum balance required to be maintained in a Demat account and an

    investor can even maintain nil balance.

    Other steps the investor should take

    The investor should inform his DP of any change in his address, bank account,

    nomination, etc. immediately upon change thereof.

    Charges for Demat account opening and other depository trading

    The depository does not charge any fee directly from the investors. The depository

    charges only the DPs. However, the DP is free to charge its clients for the services offered. The

    charges of DPs also vary.

    Stock exchanges connected to the Depositories for Demat trading

    At present the following 10 stock exchanges are connected to the Depositories-

    y National Stock Exchange

    y The Stock Exchange Mumbai

    y Calcutta Stock Exchange

    y Delhi Stock Exchange

    y Ludhiana Stock Exchange

    y Bang lore Stock Exchange

    y Over the counter stock exchange of India

    y Madras Stock Exchange

    y Inter connected Stock Exchange

    y

    Ahmedabad Stock Exchange.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    26/75

    Working of Depository system

    26

    Market trade and off market trade

    Trade done and settled through a stock exchange and clearing corporation is market trade.

    Trade done privately without the involvement of the Stock Broker of Stock Exchange is off

    market trade.

    Buying and selling of shares by the investor

    The investor can buy and sell shares only through a stockbroker and not through a DP.

    DP helps in delivering the shares against a sale transaction or receiving the shares for a purchase

    transaction.

    Corporate benefits

    Corporate benefit is a corporate event. It can be cash corporate benefit like dividend,

    interest, etc.or non-cash corporate benefits like rights, bonus etc.

    When any corporate event such as right or bonus or dividend is announced for a

    particular security, depository will give the details of all clients having electronic holdings in that

    security as of the record date to the RTA/Company will then calculate the corporate benefits due

    to all the shareholders. The disbursements of cash benefits such as dividend/interests will be

    done by the RTA/Company directly to the shareholders. Non-cash benefits will be distributed

    through depository by crediting the entitled quantity of shares into shareholders demat account.

    Direct credit of shares in electronic form:

    In the public/Right issue application form of depository eligible companies, there will be

    a provision for the investor to indicate the manner in which he wants the securities allotted to

    him. Even in the case of bonus issue the investor is given an option for getting the shares allotted

    in physical or electric form. The investor must mention his client ID. Number and DP ID No.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    27/75

    Working of Depository system

    27

    Advantage of getting allotment in electronic form:

    y SEBI has announced that the shares of all the companies going in for public issue will

    have to be compulsorily settled in demat form by all investors. It is, therefore,

    advantageous for an investor to prefer the allotment in demat form, so that the shares

    have higher liquidity.

    y In case of Discrepancies in corporate benefits the investor can approach his DP who in

    turn will contact the RTA/Company for clarifications regarding allotment of securities.

    y Clearing members, Clearing corporations and other intermediaries cannot have voting

    rights in respects of the shares held in pool account. Further the clearing member or

    cleaning corporation is also responsible for distribution of bonus, right and other

    corporate benefits lying in his account to the investor.

    Menaing of Transfer, Transmission and Transposition

    Transfer

    Depository is electronically linked to depository participants, issuer company or Registrar &

    transfer agent and the clearing corporation/ clearing house of the stock exchange. This is done in

    order to facilitate settlement of trades and to perform a daily, reconciliation of all the account

    balances held with depository. Thus, an integrated system is set up for maintenance of investor

    accounts.

    Transmission

    In the case of transmission, the claimant will have to fill a transmission request form,

    supported by documents like death certificates, etc. The DP, after ensuring that the application is

    genuine, will transfer securities to the demat account of the claimant. For this purpose claimant

    must have a depository account. The major advantage in transmission of dematerialized holdings

    is the transmission formalities for all securities held with the DP can be completed in one go,

    unlike in the case of share certificate, where the claimant will have to interact with each

    RTA/Company.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    28/75

    Working of Depository system

    28

    Transposition

    In case of transportation-cum-dematerialization, the investor can get the securities

    dematerialized in the same account if the names appearing on the certificate match with the

    names in which the demat account has been opened but are in a different order, by

    submitting the security certificate along with the transportation form and the

    Dematerialisation request form(DRF) to the DP.

    Pledging

    y Pledging of dematerialized securities:

    y Pledging dematerialized securities is easier and more advantageous as compared to

    pledging physical securities. The procedure as follows

    y Both borrower (pledger) as well as the lender (pledgee) must have depository account.

    y The pledger must initiate the pledge by submitting to his DP the details of the securities

    to be pledged in a standard format.

    y The pledge should confirm the request through his DP.

    Once this is done the securities are pledged. All financial transactions between the pledger and

    the pledgee are handled outside the depository system.

    Procedure for the closure of pledge

    After the borrower has repaid the loan, the borrower can request for a closure of pledge by

    instructing his DP in a prescribed format. The lender on receiving the repayment will instruct his

    DP confirmed the closure of the pledge.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    29/75

    Working of Depository system

    29

    Change of securities offered in a pledgeIf the pledger (lender) agrees, the investor may change the securities offered in a pledge.

    Nomination

    Shares held in physical as well as electronic form can be nominated. Nomination can be

    made only by individuals holding beneficiary accounts on their own behalf either singly or

    jointly. On individuals, society, trust, body corporate ,partnership firm, Karta or Hindu undivided

    Family, holder of power of attorney cannot nominate.

    Nomination is permitted for accounts with joint holder, but in case of death of any of the

    joint holder, the securities will be transmitted to the surviving holder(s) only in the event of death

    of all the joint holders, the securities will be transmitted to the nominee.

    Only an individual can be a nominee. A nominee shall not be a society, trust, bodycorporate, partnership firm, karta of Hindu undivided Family or a power of attorney holder.

    A minor cannot nominate either directly or through its guardian.

    A minor can be a nominee. In such a case, the guardian will sign on behalf of the

    nominee and in addition to the name and photograph of the nominee, the name, address and the

    photograph of the guardian must be given.Separate nomination cannot be made for each security.

    Nomination can be made Demat account wise and not security wise.

    The investor must fill in and submit to his DP the nomination form. The account holder,

    Nominee and two witnesses must sign this form and the name; address and photograph of the

    nominee must be submitted.

    The nomination can be changed anytime by the account holder by filling up the revised

    nomination form and submitting it to the DP. The account holder, Nominee and two witnesses

    must sign this form and the name; address and photograph of the nominee must be submitted. In

    case of joint holders, all joint holders must sign.

    Demat of debt instrument

    Debt instrument can also be held in demat form. Instruments like bond, debentures,

    commercial papers, certificates of deposit, etc. irrespective whether these instruments are

    listed/unlisted/privately placed or even issued to a single holder can be dematerialized.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    30/75

    Working of Depository system

    30

    Commercial paper can also be kept in demat form. As per RBI Monetary and credit policy

    banks, Financial Institutions, primary Dealers and satellite dealers are directed to convert their

    outstanding investment in commercial papers in script form, into Demat form. The above entities

    have also been directed to make fresh investment in commercial paper only in demat form.

    Bonds and debentures can also kept in demat form. In its midterm review of the monetary

    and credit policy RBI has mentioned that banks and financial institutions shall make investment

    in debentures and bonds only in demat form. Any new instrument can be issued directly in

    dematerialized form without recourse to printing of either letter of allotment or certificates.

    Securities will be directly credit into the demat accounts of the investor by the depositories on

    receipt of allotment details from RTA/Company.

    The investor need not open separate demat account for demat of debt instrument.

    The procedure of dematerialization of debt instrument is same as that carried out for

    equity shares. In order to dematerialized his/her certificates; an investor will have to first open a

    demat account with a DP and the a request for the dematerialization of certificates by filling up a

    dematerialization request form (DRF), which is available with DP and submitting the same along

    with the physical certificates. The investor has to ensure that before the certificates are handed

    over to the DP for demat, he marks Surrendered for Dematerialization on the face of the

    certificates.

    y Account opening

    y Demat/Remat

    y Account Maintenance

    y Custody

    y Transaction, etc.

    Knowing of securities balance in demat account

    The investor is provided with a transaction statement by his DP at regular intervals. Based on

    that the investor will know his security balances.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    31/75

    Working of Depository system

    31

    Receiving Transaction statement by investor

    The DP will send a transaction statement once in a quarter if there is no transaction during the

    quarter. If there are any transactions DP will send the statements within fifteen days of the

    transaction.

    Freezing of demat account

    The depository system provides the facility to freeze the demat account for any debits or for both

    debits and credits. In an account, which is free zed of debits, no debits will be permitted from

    the account, till the time it is defreeze. This is in additional security feature of the investors.

    Standing instruction to DP

    The investor can give one time standing instruction to his DP to receive all the credits coming to

    his depository account automatically. However, the investor cannot give standing instruction for

    any debits in his account.

    Access of investor accounts by all DPs

    A DP cannot access the investors account of any other DP.The DP can access only those

    investors accounts serviced by them.

    Furnishing of bank account particulars in DP

    Details of bank account of the client, including the 9-digit code number of the bank and branch

    appearing on the MICR cheque issued by the bank have to be given to the DP at the time of

    account opening. Companies use this information for printing them on dividend/interest warrants

    etc., to prevent its misuse. In case the client wishes to change this bank account details, he can do

    so by submitting the change in writing to the DP.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    32/75

    Working of Depository system

    32

    Procedure of closure of demat account

    An investor can close a demat account by giving an application in prescribed form. In

    case there is any balance in the demat account sought to be closed, the following steps are

    necessary-

    1. Rematerialisation of all securities standing to the credit of the demat account at the time

    of making the application for the closure.

    2. Transferring the balance to the credit of another demat account , with the same

    participant or with a different participant.

    Dematerialization

    Dematerialization is the process of conversion of shares or other securities held in physical form

    into electronic form.

    Whom to approach

    The investor must approach hid DP for Dematerialization

    The shares that an investor can dematerialize

    The investor can demat the shares of any company that has established connectivity with NSDL

    or CDSL

    Steps involved in dematerialization

    1. Investor must submit request form and share certificate to DP.2. DP will check whether security is available for Demat. Investor must deface the share

    certificate by stamping surrendered for dematerialization and DP will punch two holes on

    the name of the company and will draw two parallel lines across the face of the certificate.

    3. DP enters the Demat request in their system to be sent to the depository. DP

    dispatches the physical certificates along with the DRF to the RTA/ Company.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    33/75

    Working of Depository system

    33

    4. Depository records the details of the system and forwards the request to Registrar and

    transfer agent or issuer i.e. the company whose shares are sought to be dematerialized.

    5. RTA Company on receiving the physical documents verifies request and check them.

    Once the RTA/Company finds that shares are in order, dematerialization of the concerned

    securities is electronically confirmed to the depository

    6. Depository credits the dematerialized securities to the beneficiary account of the

    investor and intimates the DP electronically. The DP issues a statement of

    transaction to the client.

    Signing of the demat request form in case of joint holders

    All joint holders should sign the DRF.

    Company identification number for demat purposes

    Once the company is admitted in the depository system, the depository allots an ISIN. This

    number is unique for each security of the company that is admitted in the depository.

    Mentioning of the ISIN in the DRF

    The ISIN should be mentioned in the DRF.This to certain extent ensures that the security

    mentioned in the DRF is the one which the investor intends to dematerialize.

    Distinguishing between partly paid-up share and fully paid up shares in the depository

    Parties paid up shares and fully paid up shares are identified by separate ISINs (International

    security identification number). These are also traded separately at the stock exchanges. The

    company issues call notices to the beneficial holders of partly paid up securities in the electronic

    form. The details of such beneficial holders will be provided to the RTA/company will

    automatically convert the partly paid up shares to fully paid shares.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    34/75

    Working of Depository system

    34

    Rematerialisation

    Rematerialisation is conversion of electronic holdings into physical certificate form.

    Steps involved for Rematerialisation

    The investor must fill up a remat form (RRF) and give it to the DP. The DP will forward the

    request depository after verifying that the shareholder has necessary balances. Depository in turn

    will intimate the RTA/Company will print the certificate and dispatch the same to the investor.

    Electronic settlement of the Trades

    Procedure for selling dematerialization securities in the stock exchanges is similar to the

    procedure for selling physical securities Instead of delivering physical securities to the broker,

    the investor must instruct his/her DP to debit his/her demat account with the number of securities

    sold by him/her and credit brokers clearing account.

    Procedure for selling securities is given below:

    y Investor sells securities in any of the stock exchange linked to depository through a

    broker.

    y Investor gives instruction to DP to debit his account and credit the brokers (clearing

    account pool) account.y Before the pay-in-day. Investors broker transfers the securities to clearing

    corporation.

    y The broker receives payment from the stock exchange (Clearing Corporation).

    y The investor receives payment from the broker for the sale in the same manner

    payment is received for a sale in the physical mode.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    35/75

    Working of Depository system

    35

    Procedure for purchase of dematerialized shares

    y The procedure or buying dematerialized securities in stock exchanges is similar to

    the procedure for buying physical securities. Investor may give a one time standing

    instruction to receive credits into his /her account or may give separate instruction each time

    in he prescribed format.

    y The transaction relating to purchase of securities are summarized below.

    y Investor purchases securities in any of the stock exchanges connected to depository

    through a broker.

    y Broker receives payment from investors.

    y Broker arranges payment to clearing corporation.

    y Broker receives credit of securities in clearing account on the payout day.

    y Broker gives instruction to DP to debit clearing account and credit clients account.

    y Investor receives shares in his account.

    y The investor should ensure that the broker transfer the securities purchased to his

    account, before the book closure. If the securities remain in the clearing account of the

    broker, the company may give corporate benefits to the broker. Therefore, the investor has to

    collect benefits from the broker.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    36/75

    Working of Depository system

    36

    DIFFERENCE BETWEEN BANKAND DEPOSITORY

    BANK DEPOSITORY

    y

    Allocates account number.y Holds funds in accounts

    y Minimum balance required.

    y Functions through branches.

    y Issues account statement & pass

    book.

    y Charges commission/ service

    charges.

    y Provides interest to the account

    holders.

    y

    Allocates client ID number.y Holds securities in accounts.

    y Normally no minimum balance

    required.

    y Functions through depository

    participants.

    y Issues account statement i.e.

    statement of holding and statement

    of transactions.

    y Depository Participant charges:

    o Account opening and

    closing fee

    o Demat and Remat fee

    o Transaction fee (buy, sell,

    off market)

    o Custody charges

    y In future, through stock lending, it

    will be possible to earn income on

    Depository Account.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    37/75

    Working of Depository system

    37

    Some important Processes in depositary system

    y Dematerialization

    y Rematerialization

    y Initial public offers

    y Trading & settlements.

    On Market transactions Off market transactions InterDepository transactions

    Dematerialization Process

    Physical Securities Electronic Form.

    Pre-requisites:

    Demat Account with any DP of the Depository. ISIN for the securities available with the Depository.

    Investor should be registered holder for the securities in the books of the company.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    38/75

    Working of Depository system

    38

    Rematerialization

    Rematerialization or remat is a compiler optimization which saves time by recomputing a value

    instead of loading it from memory. It is typically tightly integrated with register allocation,

    where it is used as an alternative to spilling registers to memory. It was conceived by PrestonBriggs, Keith D. Cooper, and Linda Torczon in 1992.Rematerialization works by keeping track

    of the expression used to compute each variable, using the concept of available expressions.

    Sometimes the variables used to compute a value are modified, and so can no longer be used to

    rematerialize that value. The expression is then said to no longer be available. Other criteria must

    also be fulfilled, for example a maximum complexity on the expression used to rematerialize the

    value; it would do no good to rematerialize a value using a complex computation that takes more

    time than a load. Usally the expression must also have no effects.

    Rematerialization process

    Electronic Form Physical Securities

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    39/75

    Working of Depository system

    39

    Initial public offers

    An initial public stock offering (IPO) referred to simply as an "offering" or "flotation," is

    when a company (called the issuer) issues common stock or shares to the public for the first time.

    They are often issued by smaller, younger companies seeking capital to expand, but can also be

    done by large privately-owned companies looking to become publicly traded.

    In an IPO the issuer may obtain the assistance of an underwriting firm, which helps it

    determine what type of security to issue (common or preferred), best offering price and time to

    bring it to market.

    An IPO can be a risky investment. For the individual investor, it is tough to predict what the

    stock or shares will do on its initial day of trading and in the near future since there is often little

    historical data with which to analyze the company. Also, most IPOs are of companies going

    through a transitory growth period, and they are therefore subject to additional uncertainty

    regarding their future value.

    The first sale of stock by a private company to the public. IPOs are often issued by

    smaller, younger companies seeking the capital to expand, but can also be done by large

    privately owned companies looking to become publicly traded. In an IPO, the issuer obtains the

    assistance of an underwriting firm, which helps it determine what type of security to issue

    (common or preferred), the best offering price and the time to bring it to market.Also referred to

    as a "public offering".

    IPOs can be a risky investment. For the individual investor, it is tough to predict what the

    stock will do on its initial day of trading and in the near future because there is often little

    historical data with which to analyze the company. Also, most IPOs are of companies going

    through a transitory growth period, which are subject to additional uncertainty regarding their

    future values.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    40/75

    Working of Depository system

    40

    Initial public offers process

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    41/75

    Working of Depository system

    41

    Trading & settlements

    Transfer of securities in/ out of the Demat A/c can arise in the following instances:

    y For execution of Off Market Transactions.

    y For settling On Market Transactions.

    y For Inter depository transactions.

    Off Market TransactionsTransaction done on person to person basis without going through stock exchange mechanism.Pre-requisites:

    y Transfer of securities from one BO A/c to another BO A/c.

    y Both A/cs are with same Depository though with differentDPs.

    y Neither buyers A/c nor sellers A/c is with clearing house/clearing corporation.

    Off market transaction process

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    42/75

    Working of Depository system

    42

    On Market Transaction

    Trades done by investors through stock exchange mechanism and settled using same stockexchange mechanism.

    y seller as well as buyer account is with CH/CC

    Inter Depository Transactions.

    y SEBI (Depository and participants) Regulations, 1996 requires depositories to be interconnected.

    y Securities available for dematerialization on both depositories.

    y Debit/ credit instructions have to given on inter-depository delivery or receipts forms tothe DPs of seller and the buyer.

    y These instructions are exchanged online for each day between the depositories.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    43/75

    Working of Depository system

    43

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    44/75

    Working of Depository system

    44

    National Securities Depository Limited

    In a span of about nine years, investors have switched over to electronic [demat]

    settlement and National Securities Depository Limited (NSDL) stands at the centre of this

    change. In order to provide quality service to the users of depository, NSDL launched a

    certification programme in depository operations in May 1999. This certification is conducted

    using NCFM infrastructure created by NSE and is called "NSDL - Depository Operations

    Module". The programme is aimed at certifying whether an individual has adequate knowledge

    of depository operations, to be able to service investors. Depository Participants are required to

    appoint at least one person who has qualified in the certification programme at each of their

    service centres. This handbook is meant to help the candidates in their preparation for the

    certification programme.This handbook has been divided into four volumes for readers' convenience. The first

    volumegives an overview of the Indian capital market and NSDL depository system. The second

    volume deals with admission procedure for different business partners of NSDL, their

    obligations, practices, systems and procedures to be followed by them and benefits and safety of

    depository system. The third volume helps in acquiring a working level understanding of certain

    basic services offered by NSDL like account opening, dematerialisation, and transfer of

    securities and related operations. The last volume deals with special services offered by NSDL

    like Pledge, Stock Lending and Borrowings, Corporate Actions, National Savings Certificates /

    Kisan Vikas Patra (NSC/KVP) in demat form, Warehouse Receipts, Market Participants and

    Investor Database (MAPIN) and Tax Information Network (TIN).

    The procedures explained in the handbook are based on the Depositories Act, Securities

    and Exchange Board of India (Depositories & Participants) Regulations and Byelaws & Business

    Rules of NSDL. The book contains illustrations, flow charts and checklists for better

    understanding of various concepts and procedures. A sample test paper is given at the end of the

    fourth volume to help the candidates appearing for NCFM test form an assessment of their

    preparedness. A thorough understanding of this handbook will form a good base for qualifying

    the certification test.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    45/75

    Working of Depository system

    45

    Readers may like to visit NSDL website www.nsdl.co.in for updates and to know the new

    procedures introduced or changes brought about in the existing procedures. A feedback form is

    given at the end of the fourth volume. Readers may give their feedback, which will be of great

    help in enhancing the value of this Handbook in its subsequent editions.

    National Securities Depository Limited

    National Securities Depository Limited is the first depository to be set-up in India. It was

    incorporated on December 12, 1995. The Industrial Development Bank of India (IDBI) - the

    largest development bank in India, Unit Trust of India (UTI) - the largest Indian mutual fund and

    the National Stock Exchange (NSE) - the largest stock exchange in India, sponsored the setting

    up of NSDL and subscribed to the initial capital. NSDL commenced operations on November 8,

    1996.

    Ownership

    NSDL is a public limited company incorporated under the Companies Act, 1956. NSDL

    had a paidup equity capital of Rs. 105 crore. The paid up capital has been reduced to Rs. 80 crore

    since NSDL has bought back its shares of the face value of Rs. 25 crore in the year 2000.

    However, its net worth is above the Rs. 100 crore, as required by SEBI regulations.

    The following organisations are shareholders of NSDL as on March 31, 2005.

    1. Industrial Development Bank of India

    2. Administrator of the Specified Undertaking of the Unit Trust of India - DRF

    3. National Stock Exchange

    4. State Bank of India

    5. Oriental Bank of Commerce

    6. Citibank N.A.

    7. Standard Chartered Bank

    8. HDFC Bank Limited

    9. The Hongkong and Shanghai Banking Corporation Limited

    10. Deutsche Bank A.G.

    11. Dena Bank

    12. Canara Bank

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    46/75

    Working of Depository system

    46

    Management of NSDL

    NSDL is a public limited company managed by a professional Board of Directors. The day-today

    operations are conducted by the Chairman & Managing Director (CMD). To assist the CMD in

    his functions, the Board appoints an Executive Committee (EC) of not more than 15 members.

    The eligibility criteria and period of nomination, etc. are governed by the Bye-Laws of NSDL in

    this regard.

    Bye-Laws of NSDL

    Bye-Laws of National Securities Depository Limited have been framed under powers

    conferred under section 26 of the Depositories Act, 1996 and approved by Securities and

    Exchange Board of India. The Bye-Laws contain fourteen chapters and pertain to the areas listed

    below :

    1. Short title and commencement

    2. Definitions

    3. Board of Directors

    4. Executive Committee

    5. Business Rules

    6. Participants

    7. Safeguards to protect interest of clients and participants.

    8. Securities

    9. Accounts/transactions by book entry

    10. Reconciliation, accounts and audit

    11. Disciplinary action

    12. Appeals

    13. Conciliation

    14. Arbitration

    Amendments to NSDL Bye-Laws require the approval of the Board of Directors of NSDL and

    SEBI.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    47/75

    Working of Depository system

    47

    Business Rules of NSDL

    Amendments to NSDL Business Rules require the approval of NSDL Executive Committee and

    filing of the same with SEBI at least a day before the effective date for the amendments.

    Functions.

    NSDL performs the following functions through depository participants :

    _ Enables the surrender and withdrawal of securities to and from the depository

    (dematerialisation and rematerialisation).

    _ Maintains investor holdings in the electronic form.

    _ Effects settlement of securities traded on the exchanges.

    _ Carries out settlement of trades not done on the stock exchange (off-market trades).

    _ Transfer of securities.

    _ Pledging/hypothecation of dematerialised securities.

    _ Electronic credit in public offerings of companies or corporate actions.

    _ Receipt of non-cash corporate benefits like bonus rights, etc. in electronic form.

    _ Stock Lending and Borrowing.

    Services Offered by NSDL

    NSDL offers a host of services to the investors through its network of DPs:

    _ Maintenance of beneficiary holdings through DPs

    _ Dematerialisation

    _ Off-market Trades

    _ Settlement in dematerialised securities

    _ Receipt of allotment in the dematerialised form

    _ Distribution of corporate benefits

    _ Rematerialisation

    _ Pledging and hypothecation facilities

    _ Freezing/locking of investor's account

    _ Stock lending and borrowing facilities

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    48/75

    Working of Depository system

    48

    Fee Structure of NSDL

    NSDL charges the DPs and not the investors directly. These charges are fixed. The DPs

    in turn, are free to charge their clients, i.e., the investors for their services. Thus, there is a

    twotier fee structure.

    Inspection, Accounting and Internal Audit

    NSDL obtains audited financial reports from all its DPs once every year. NSDL also

    carries out periodic visits to the offices of its constituents - R&T agents, DPs and clearing

    corporations to review the operating procedures, systems maintenance and compliance with the

    Bye-Laws, Business Rules and SEBI Regulations.

    Additionally, DPs are required to submit to NSDL, internal audit reports every quarter.

    Internal audit has to be conducted by a chartered accountant or a company secretary in practice.

    The Board of Directors appoints a Disciplinary Action Committee (DAC) to deal with any matter

    relating to DPs clients, Issuers and R&T agents. The DAC is empowered to suspend or expel a

    DP, declare a security as ineligible on the NSDL system, freeze a DP account and conduct

    inspection or call for records and issue notices.

    If a DP is aggrieved by the action of the DAC, it has the right to appeal to the EC against

    the action of the DAC. This has to be done within 30 days of the action by DAC. The EC has to

    hear the appeal within two months from the date of filing the appeal. The EC has the power to

    stay the operation of the orders passed by the DAC. The information on all such actions has to be

    furnished to SEBI.

    Settlement of Disputes

    All disputes, differences and claims arising out of any dealings on the NSDL, irrespective

    of whether NSDL is a party to it or not, have to be settled under the Arbitration and Conciliation

    Act 1996.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    49/75

    Working of Depository system

    49

    Technology and Connectivity in NSDL

    System View of NSDL Depository System

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    50/75

    Working of Depository system

    50

    Account holders (investors) open account with the DPs. The account details, entered in a

    computer system maintained by Depository Participants called DPM, are electronically conveyed

    to the central system of NSDL called DM. Companies who have agreed to offer demat facility to

    their shareholders use a computer system called DPM (SHR) to connect to the NSDL central

    system. DPM (SHR) may be installed by the company itself or through its R&T Agent. This

    system is used to electronically receive demat requests, confirm such requests or to receive

    beneficial owner data (Benpos) from the depository. Stock exchanges receive pay-in (receiving

    securities against sales made by brokers) or to payout (giving securities to brokers against their

    purchases) using a computer system connected to NSDL called DPM (CC).

    All the computer systems installed by DPs (DPM-DP), companies (DPM-SHRs), and

    stock exchanges (DPM-CC) are connected to NSDL central system (DM) through V-SAT (very

    small aperture terminal) or leased lines. These are collectively called Business Partner Systems.

    Any transaction conducted by any computer system in the NSDL depository system which is

    targetted to reach any other computer system first gets recorded in DM and then will reach the

    target. No two business partners' systems can communicate to each other without passing

    through the DM.

    Maintenance of Accounts at the Central System

    The NSDL central system known as DM maintains accounts of all account holders in the

    depository system. All the transactions entered at any point in the computer system connected to

    it are first effected in the central system and subsequently at these computers. Thus, the central

    system of NSDL has the records of all details of every transaction conducted in the depository

    system.

    Distributed Database

    Each of the computer systems connected to NSDL system has its own database relating to

    its clients. This helps in giving prompt and accurate service to the clients. However each of the

    databases is reconciled with the data at the central system everyday in order to ensure that the

    data in the distributed database tallies with the central database.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    51/75

    Working of Depository system

    51

    Common Software

    NSDL develops software required by depository participants, companies, R&T Agents

    and clearing corporations for conducting depository operations. Thus, the computer systems used

    by all the entities will have common software given by NSDL. However, depending on the

    business potential, branch networks and any other specific features, DPs may develop software

    of their own for co-ordination, communication and control and provide service to their clients.

    Such exclusive software is called "back office software". DPM system given by NSDL gives

    "export and import" facility to take out the transaction details to be used by back office software

    and to feed in transaction details generated from the back office software.

    Connectivity

    The computer system used by DPs, companies, R&T Agents and stock exchanges may be

    connected to NSDL central system through V-SAT network or leased line network. NSDL uses

    NSE's V-SAT network for the connectivity purposes. Thus, V-SATs used by NSE brokers can

    connect to NSDL if the software supplied by NSDL is used. V-SAT uses satellites for

    communication purposes. Some business partners may connect using leased lines provided by

    MTNL/ BSNL. V-SAT or leased line connections are called primary connectivity. If primary

    connectivity fails for any reason, BPs must have the ability to connect through other means. Such

    other means are PSTN lines, ISDN lines, POP lines(normal telephone lines) through which they

    can dial in to the NSDL system and conduct their transactions.

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    52/75

    Working of Depository system

    52

    CentralDepositoryServices(India)

    Limited

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    53/75

    Working of Depository system

    53

    Central Depositary Securities Limited

    A Depository facilitates holding of securities in the electronic form and enables securities

    transactions to be processed by book entry by a Depository Participant (DP), who as an agent of

    the depository, offers depository services to investors. According to SEBI guidelines, financial

    institutions, banks, custodians, stockbrokers, etc. are eligible to act as DPs. The investor who is

    known as beneficial owner (BO) has to open a demat account through any DP for

    dematerialisation of his holdings and transferring securities.

    The balances in the investors account recorded and maintained with CDSL can be

    obtained through the DP. The DP is required to provide the investor, at regular intervals, a

    statement of account which gives the details of the securities holdings and transactions. Thedepository system has effectively eliminated paper-based certificates which were prone to be

    fake, forged, counterfeit resulting in bad deliveries. CDSL offers an efficient and instantaneous

    transfer of securities.

    CDSL was promoted by Bombay Stock Exchange Limited (BSE) jointly with leading

    banks such as State Bank of India, Bank of India, Bank of Baroda, HDFC Bank, Standard

    Chartered Bank, Union Bank of India and Centurion Bank.

    CDSL was set up with the objective of providing convenient, dependable and secure depository

    services at affordable cost to all market participants. Some of the important milestones of CDSL

    system are:

    CDSL received the certificate of commencement of business from SEBI in February, 1999

    1) Honourable Union Finance Minister, Shri Yashwant Sinha flagged off the operations o

    CDSL on july 15,1999.

    2) Settlement of trades in the demat mode through BOI Shareholding Limited, the clearing

    house of BSE, started in july 1999.

    3) All leading stock exchanges like the National Stock Exchange, Calcutta Stock Exchange,

    Delhi stock Exchange, The Stock Exchange, Ahmedabad, etc have established

    connectivity with CDSL.

    4) As at the end of Dec 2007, over 5000 issuers have admitted their securities (equities,

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    54/75

    Working of Depository system

    54

    bonds, debentures, commercial papers), units of mutual funds, certificate of deposits etc.

    into the CDSL system.

    Shareholders of CDSL

    CDSL was promoted by Bombay Stock Exchange Limited (BSE) in association with

    Bank of India, Bank of Baroda, State Bank of India and HDFC Bank. BSE has been involved

    with this venture right from the inception and has contributed overwhelmingly to the fruition of

    the project. The initial capital of the company is Rs.104.50 crores. The list of shareholders with

    effect from 11th December, 2008 is as under.

    Sr.

    No.

    Name of shareholders Value of

    holding (inRupees Lacs)

    % terms to total equity

    1 Bombay Stock Exchange Limited 3,825.46 36.61

    2 Bank of India 1,000.00 9.57

    3 Bank of Baroda 1,000.00 9.57

    4 State Bank of India 1,000.00 9.57

    5 HDFC Bank Limited 1,500.00 14.36

    6 Standard Chartered Bank 750.00 7.18

    7 Canara Bank 674.46 6.45

    8 Union Bank of India 200.00 1.91

    9 Bank of Maharashtra 200.00 1.91

    10 The Jammu and Kashmir Bank Limited 200.00 1.91

    11 The Calcutta Stock ExchangeAssociation Limited

    100.00 0.96

    12 Others 0.08 --

    TOTAL 10,450.00 100.00

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    55/75

    Working of Depository system

    55

    A professional Board of Directors with vast and varied experience in capital markets andbanking is at the helm of affairs at CDSL.

    Board of Directors

    Mr. S S Thakur Chairman

    Mr. V V Raut Managing Director and Chief Executive Officer

    Mr. P S Reddy Executive Director

    Mr. M. R. Mayya Independent Director

    Mr. Madhu Kannan Sponsor Director Bombay Stock Exchange Limited

    Mr. L. P. Aggarwal Sponsor Director Bombay Stock Exchange Limited

    Mr. Prakash R. Kacholia Sponsor Director Bombay Stock Exchange Limited

    Mr. Anjan Barua Sponsor Director - State Bank of India

    Mr. A. D. M. Chavali Sponsor Director - Bank of Baroda

    Mr. A. R. Kuppuswamy Sponsor Director - Bank of India

    Management Team

    Mr. V V Raut Managing Director and Chief Executive Officer

    Mr. P S Reddy Executive Director

    Mr. Pramod Deshpande Chief Technology Officer

    Mr. Cyrus Khambata Sr.Vice President.

    Business Development(Currently on deputation to CDSLVentures Ltd. as CEO with effect from 7-12-2006)

    Mr. Jitendra Chad Vice President.Information Technology

    Ms. Nayana Ovalekar Vice President.Audit, Inspection & Compliance

    Mr. Bharat Sheth Vice President.Accounts & Administration

    Mr. Sunil Alvares Vice President.Business Development

    Mr. Ramkumar K. Vice President.Operations

    Mr. Jignesh Gandhi Vice President.New Projects

    Mr. Satish Budhakar Vice President.Legal & Company Secretary

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    56/75

    Working of Depository system

    56

    FEE STRUCTURE OF CDSL

    CDSL fees structure to its depository participants is as follows:

    SR.NO. Details of Charges CDSL

    1 Account Opening Charges NIL

    2 AccountMaintenance Charges NIL for individualsRs.500/- p.a. to Corporates

    3 Transaction ChargesMarket & Off-Market

    Rs.6/-**

    4 Transaction Charges ClearingMember Accounts

    Flat charge of Rs.500/- per month on CM accounts forpay-in and pay-outs received from CH

    5 Custody Charges NIL

    6 Demat Charges NIL

    7 Remat Charges Rs.10/- per 100 securities or part quantity orRs. 10/- per cert. whichever is higher.

    8 Pledge/Hypothecation Charges Pledge acceptance - Rs.12/- per request.Unpledge acceptance - Rs.12/- per request.

    Pledge Invocation Acceptance -Nil

    9 Internet Facility 'easi' Rs.20,000/- one time for registration

    10 Internet Facility 'easiest' Rs.30,000/- one time for registration Rs.1,150/-p.a.forrenewal of digital signature

    Monthly charges for DPs or its branches w.e.f. 1st May, 2006 For Main DPs: Rs.3,000/- per month or the amount of the actual bill for a given month

    whichever is higher.

    For DP-Branches: Rs.2,000/- per month or the amount of the actual bill for a given monthwhichever is higher.

    Fees for Clearing MembersCDSL collects only Rs. 500/ - per month from its DPs for a CM except for CM Investors

    Securities Account.

    The following tariff structure will be effective from Wednesday, April 01, 2009.

    Monthly Transaction bill amount

    (@Rs.6/-per transaction)

    (in Rs.)

    Rate per

    Debit Transaction

    (in Rs.)

    More than Rs.15 lakhs 4.75

    More than Rs.4 lakhs and upto Rs.15 lakhs 5.00

    More than Rs.1 lakh and upto Rs.4 lakhs 5.50

    Upto Rs.1 lakh 6.00

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    57/75

    Working of Depository system

    57

    RESEARCH

    METHODOLOGY

  • 7/29/2019 29039117 Working of Depositary System 111211102319 Phpapp01

    58/75

    Working of Depository system

    58

    RESEARCH METHODOLOGY

    Research Methodology refers to search of knowledge .one can also define reseach

    methodology as a scientific and systematic search for required information on aspecific topic.

    The word research methodology comes from the word advance learner s dictionary

    meaning of research as a careful investigation or inquiry especially through research for new

    facts in my branch of knowledge for example some author have define research methodology as

    systemstized effort to gain new knowledge.

    OBJECTIVES OF THE STUDY

    y To understand the basic term and process in depositary system.

    y Get specific knowledge about NSDL and CSDL and its investor pattners.

    y Provide aducate and desirable information for the readers.

    y To find out that factors or speculations those are responsible for creating a negative

    image of DS in the mind of investor.

    y Getiting the information about the awareness of depository system.

    y Find out the satisfactory level of the investors regarding this system.

    TYPES OF RESEARCH

    ANALYTICAL RESEARCH: It has to used facts or information already available and analyze

    these to make a critical evaluation of material.

    SAMPLE SIZE: Considering the constraints it was decided to conduct the study based on

    sample size of 50 people in specific age groups.

  • 7/29/2019 29039117 Working of Depositary System