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The issues raised in these representations have become all the more significant in view of the requirement for greenfield software closely held companies to raise money from the public.
It has further been decided that stock brokers/clearing house members shall give instructions to clearing house/clearing corporations for transferring the securities lying in the broker’s pool accounts/transit accounts to the respective beneficiary accounts immediately after the pay-out of each settlement.
It has therefore been decided that henceforth delivery of underlying shares of GDRs/ADRs shall compulsorily be in dematerialised form. Stock Exchanges shall not accept delivery of underlying shares of GDRs/ADRs in physical form.
RBI has further clarified that there would not be any obstacle from FERA angle in the process of dematerialisation as the above mentioned notifications have issued to take care of the same. Copies of the notifications are enclosed herewith.
It has been observed that different stock exchanges treat this profit in different ways. While some stock exchanges credit the difference to the selling member, the other exchanges credit the same to the Investor Protection Fund.
A recent phenomena has been noticed that a large number of companies are changing their names to suggest that they have entered in software/information technology business.
In terms of the powers conferred on it under Section 11 of SEBI Act , 1992 as also in implementation of the Securities and Exchange Board of India.
Dematerialised trading in the eligible securities, by eliminating physical paper has helped in reducing the work on the clearing houses and on the Registrar to an Issue & Share Transfer Agents. This would help the market and the investors, as it is now possible to bring about a reduction in the no-delivery period during book-closure and record date.
Listing agreement entered into between companies and the stock exchanges is an important instrument for investor protection and corporate governance.
The custodians shall be required to keep hard copies of all the current records of their own and their clients operations as on December 30, 1999 so as to ensure continuity of the operations in the event of the systems failure/breakdown.
