The Securities and Exchange Board of India (SEBI) is the
regulatory body
A regulatory agency (regulatory body, regulator) or independent agency (independent regulatory agency) is a government authority that is responsible for exercising autonomous jurisdiction over some area of human activity in a licensing and regu ...
for
securities
A security is a tradable financial asset. The term commonly refers to any form of financial instrument, but its legal definition varies by jurisdiction. In some countries and languages people commonly use the term "security" to refer to any for ...
and
commodity market
A commodity market is a market that trades in the primary economic sector rather than manufactured products. The primary sector includes agricultural products, energy products, and metals. Soft commodities may be perishable and harvested, w ...
in
India
India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
under the
administrative domain of
Ministry of Finance
A ministry of finance is a ministry or other government agency in charge of government finance, fiscal policy, and financial regulation. It is headed by a finance minister, an executive or cabinet position .
A ministry of finance's portfoli ...
within the
Government of India
The Government of India (ISO 15919, ISO: Bhārata Sarakāra, legally the Union Government or Union of India or the Central Government) is the national authority of the Republic of India, located in South Asia, consisting of States and union t ...
. It was established on 12 April 1988 as an executive body and was given
statutory
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
powers on 30 January 1992 through the
SEBI Act, 1992.
History
The Securities and Exchange Board of India (SEBI) was first established in 1988 as a non-statutory body for regulating the
securities market
Security market is a component of the wider financial market where securities can be bought and sold between subjects of the economy, on the basis of demand and supply. Security markets encompasses stock markets, bond markets and derivatives ma ...
. Before it came into existence, the Controller of Capital Issues was the market's regulatory authority, and derived power from the Capital Issues (Control) Act, 1947. SEBI became an autonomous body on 30 January 1992 and was accorded
statutory
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
powers with the passing of the SEBI Act, 1992 by the
Parliament of India
The Parliament of India (ISO 15919, ISO: ) is the supreme legislative body of the Government of India, Government of the Republic of India. It is a bicameralism, bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok ...
. It has its headquarters at the
business district
Business is the practice of making one's living or making money by producing or buying and selling products (such as goods and services). It is also "any activity or enterprise entered into for profit."
A business entity is not necessar ...
of
Bandra Kurla Complex in
Mumbai
Mumbai ( ; ), also known as Bombay ( ; its official name until 1995), is the capital city of the Indian state of Maharashtra. Mumbai is the financial capital and the most populous city proper of India with an estimated population of 12 ...
and has Northern, Eastern, Southern and Western Regional Offices in
New Delhi
New Delhi (; ) is the Capital city, capital of India and a part of the Delhi, National Capital Territory of Delhi (NCT). New Delhi is the seat of all three branches of the Government of India, hosting the Rashtrapati Bhavan, New Parliament ...
,
Kolkata
Kolkata, also known as Calcutta ( its official name until 2001), is the capital and largest city of the Indian state of West Bengal. It lies on the eastern bank of the Hooghly River, west of the border with Bangladesh. It is the primary ...
,
Chennai
Chennai, also known as Madras (List of renamed places in India#Tamil Nadu, its official name until 1996), is the capital city, capital and List of cities in Tamil Nadu by population, largest city of Tamil Nadu, the southernmost states and ...
, and
Ahmedabad
Ahmedabad ( ), also spelled Amdavad (), is the most populous city in the Indian state of Gujarat. It is the administrative headquarters of the Ahmedabad district and the seat of the Gujarat High Court. Ahmedabad's population of 5,570,585 ...
, respectively. Up until June 2023, it also had 17 local offices spread all over India to promote investor education; however, 16 of them were closed as part of a restructuring exercise.
SEBI is managed by its board of members, which consist of the following people:
* The chairman, who is nominated by the
Union Government of India
The Government of India (ISO: Bhārata Sarakāra, legally the Union Government or Union of India or the Central Government) is the national authority of the Republic of India, located in South Asia, consisting of 36 states and union territo ...
.
* Two members from the
Union Finance Ministry.
* One member from the
Reserve Bank of India
Reserve Bank of India, abbreviated as RBI, is the central bank of the Republic of India, and regulatory body responsible for regulation of the Indian banking system and Indian rupee, Indian currency. Owned by the Ministry of Finance (India), Min ...
.
* The remaining five members are nominated by the Union Government of India, and out of them at least three should be whole-time members.
After the amendment of 1999, collective investment schemes were brought under SEBI except
nidhis, chit funds and cooperatives.
Organisation structure
Tuhin Kanta Pandey took charge as
Chairman
The chair, also chairman, chairwoman, or chairperson, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the gro ...
on 1 March 2025, replacing
Madhabi Puri Buch, whose term ended on 28 February 2025.
Curren
Board members
/h2>
The board comprises:
List of Chairpersons
List of Chairperson:
National Apex Bodies
*
National Institute of Securities Markets of India
Functions and responsibilities
The Preamble of the Securities and Exchange Board of India describes the basic functions of the Securities and Exchange Board of India as "...to protect the interests of investors in securities and to promote the development of, and to regulate the securities market and for matters connected there with or incidental there to".
SEBI has to be responsive to the needs of three groups, which constitute the market:
* issuers of securities
* investors
* market intermediaries
SEBI has three powers rolled into one body:
quasi-legislative,
quasi-judicial
A quasi-judicial body is a non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, which can be a public administrative agency (not part of the judicial branch of government) but also a contra ...
and quasi-executive. It drafts regulations in its legislative capacity, it conducts investigation and enforcement action in its executive function and it passes rulings and orders in its judicial capacity. Though this makes it very powerful, there is an appeal process to create accountability. There is a Securities Appellate Tribunal which is a three-member tribunal and is currently headed by Justice
Tarun Agarwala, former Chief Justice of the
Meghalaya High Court. A second appeal lies directly to the
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
. SEBI has taken a very proactive role in streamlining disclosure requirements to international standards.
Powers
For the discharge of its functions efficiently, SEBI has been vested with the following powers:
* to approve by−laws of Securities exchanges.
* to require the Securities exchange to amend their by−laws.
* inspect the books of accounts and call for periodical returns from recognised Securities exchanges.
* inspect the books of accounts of financial intermediaries.
* compel certain companies to list their shares in one or more Securities exchanges.
* registration of Brokers and sub-brokers.
* eliminate malpractices in security market.
SEBI committees
* Technical Advisory Committee
* Committee for review of structure of infrastructure institutions
* Advisory Committee for the SEBI Investor Protection and Education Fund
* Takeover Regulations Advisory Committee
* Primary Market Advisory Committee (PMAC)
* Secondary Market Advisory Committee (SMAC)
* Mutual Fund Advisory Committee
* Corporate Bonds & Securitisation Advisory Committee
There are two types of brokers:
*Discount brokers
*Merchant brokers
Major achievements
SEBI has enjoyed success as a regulator by pushing systematic reforms aggressively and successively. It is credited for quick movement towards making the markets electronic and paperless by introducing the T+5 rolling cycle in July 2001, the T+3 in April 2002, and the
T+2 in April 2003. The rolling cycle of T+2 means that
settlement is done in 2 days after
trade date.
SEBI has also been active in setting up the regulations as required under law. It did away with physical certificates that were prone to postal delays, theft and forgery, apart from making the settlement process slow and cumbersome, by passing the Depositories Act, 1996.
SEBI has also been instrumental in taking quick and effective steps in light of the global meltdown and the Satyam fiasco. In October 2011, it increased the extent and quantity of disclosures to be made by Indian corporate promoters.
In light of the global meltdown, it liberalized the takeover code to facilitate investments by removing regulatory structures. In one such move, SEBI has increased the application limit for retail investors to from at present.
On the occasion of World Investor Week 2022, SEBI Executive Director Shri G. P. Garg launched a book on Financial Literacy. This book is a joint effort between Metropolitan Stock Exchange of India Limited and CASI New York.
Criticism and controversies
Supreme Court of India
The Supreme Court of India is the supreme judiciary of India, judicial authority and the supreme court, highest court of the Republic of India. It is the final Appellate court, court of appeal for all civil and criminal cases in India. It also ...
heard a
Public Interest Litigation (PIL) filed by
India Rejuvenation Initiative that had challenged the procedure for key appointments adopted by
Govt of India. The petition alleged that, "The constitution of the search-cum-selection committee for recommending the name of chairman and every whole-time members of SEBI for appointment has been altered, which directly impacted its balance and could compromise the role of the SEBI as a watchdog."
On 21 November 2011, the court allowed petitioners to withdraw the petition and file a fresh petition pointing out constitutional issues regarding appointments of regulators and their independence. The
Chief Justice of India
The chief justice of India (CJI) is the chief judge of the Supreme Court of India and the highest-ranking officer of the Indian judiciary. The Constitution of India grants power to the President of India to appoint, as recommended by the outg ...
refused the
finance ministry's request to dismiss the
PIL and said that the court was well aware of what was going on in SEBI.
Hearing a similar petition filed by Bengaluru-based advocate Anil Kumar Agarwal, a two judge Supreme Court bench of Justice
Surinder Singh Nijjar and Justice
HL Gokhale issued a notice to the Govt of India, SEBI chief
UK Sinha and Omita Paul, Secretary to the President of India.
Further, it came into light that
Dr. K. M. Abraham(the then whole time member of SEBI Board) had written to the
Prime Minister
A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...
about malaise in SEBI. He said, "The regulatory institution is under duress and under severe attack from powerful corporate interests operating concertedly to undermine SEBI". He specifically said that Finance Minister's office, and especially his advisor Omita Paul, were trying to influence many cases before SEBI, including those relating to Sahara Group, Reliance, Bank of Rajasthan and MCX.
Regulatory failure, inaction, and incompetence
Several major financial scams have shaken the Indian market, like the
Satyam scam,
IL&FS crisis,
Punjab National Bank Scam, and
NSE co-location scam Critics argue that SEBI failed to properly monitor these companies or take timely action when irregularities were noticed.
There have been instances where market intermediaries engaged in fraudulent activities, which resulted in significant losses for investors.
SEBI’s monitoring of these intermediaries has been called into question. SEBI has been criticized for its inability to effectively regulate and prevent insider trading, despite having regulations in place. There have been numerous cases where
insider trading
Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider informati ...
went undetected for long periods.
Some believe SEBI hasn't done enough to prevent companies from issuing IPOs (
Initial Public Offerings) at inflated prices, which hurts regular investors.
Market manipulation
In economics and finance, market manipulation occurs when someone intentionally alters the supply or demand of a security to influence its price. This can involve spreading misleading information, executing misleading trades, or manipulating ...
is an ongoing concern in the Indian stock market, particularly with small-cap and mid-cap stocks, which are more susceptible due to lower trading volumes, less liquidity, and limited market analyst coverage.
Pump and dump
Pump and dump (P&D) is a form of securities fraud that involves artificially inflating the price of an owned stock through false and misleading positive statements (pump), in order to sell the cheaply purchased stock at a higher price (dump). O ...
schemes are a prevalent form of manipulation, where false or misleading statements are used to inflate a stock’s price before the manipulators sell off their shares at a profit, leading to significant losses for unsuspecting investors.
The Securities and Exchange Board of India (SEBI) has been criticized for not being able to prevent such manipulations effectively. Reasons include limited resources, reliance on stock exchanges for market data, a lack of a comprehensive legal framework with stringent penalties, slow response times, and a lack of coordination with other regulatory bodies.
Hindenburg allegations
In August 2024,
Hindenburg Research, a
short-selling activist firm, accused SEBI Chief
Madhabi Puri Buch and her husband of having a stake in offshore entities which invested money into India. They alleged that these same funds, managed by
IIFL Wealth, were used by
Vinod Adani to
artificially inflate shares of companies owned by the
Adani Group
Adani Group (, ) is an Indian Multinational corporation, multinational Conglomerate (company), conglomerate, headquartered in Ahmedabad. Founded by Gautam Adani in 1988 as a commodity trading business, the Group's businesses include port, sea ...
.
This put Buch into the spotlight, since SEBI had previously faced difficulties in finding out the
beneficial owners of similar
off-shore funds that had invested in Adani companies.
Adani Group calls the claims "malicious, mischievous". India's
Leader of the Opposition in the Lok Sabha,
Rahul Gandhi, asked Buch to resign.
Commentators say that while Hindenburg Research did not have compelling evidence of malfeasance, Puri Buch didn't do enough to avoid entirely foreseeable conflict of interest allegations.
Regional Securities exchanges
SEBI in its circular dated 30 May 2012 gave exit – guidelines for Securities exchanges. This was mainly due to illiquid nature of trade on many of 20+ regional Securities exchanges. It had asked many of these exchanges to either meet the required criteria or take a graceful exit. SEBI's new norms for Securities exchanges mandates that it should have minimum net-worth of 1 billion and an annual trading of 10 billion. The Indian Securities market regulator SEBI had given the recognized Securities exchanges two years to comply or exit the business.
SEBI is cracking down on virtual stock gaming apps popular among retail investors for creating virtual portfolios and competing on real-time stock prices.
In May, 2024 Sebi started to allow Foreign Portfolio Investors (FPIs) established in GIFT City to accept unlimited investments from Non-Resident Indians (NRIs) and Persons of Indian Origin (PIOs). After this initiative, NRIs could own100% of a global fund set up at GIFT city which is a special economic zone in Gujrat.
Process of de-recognition and exit
Following is an excerpt from the circular:
# Exchanges may seek exit through voluntary surrender of recognition.
# Securities where the annual trading turnover on its own platform is less than 10 billion can apply to SEBI for voluntary surrender of recognition and exit, at any time before the expiry of two years from the date of issuance of this Circular.
# If the Securities exchange is not able to achieve the prescribed turnover of 10 billion on continuous basis or does not apply for voluntary surrender of recognition and exit before the expiry of two years from the date of this Circular, SEBI shall proceed with compulsory de-recognition and exit of such Securities exchanges, in terms of the conditions as may be specified by SEBI.
# Securities Exchanges which are already de-recognised as on date, shall make an application for exit within two months from the date of this circular. Upon failure to do so, the de-recognised exchange shall be subject to compulsory exit process.
Departments
SEBI regulates Indian financial market through its 20 departments.
See also
*
2008 financial crisis
The 2008 financial crisis, also known as the global financial crisis (GFC), was a major worldwide financial crisis centered in the United States. The causes of the 2008 crisis included excessive speculation on housing values by both homeowners ...
*
U.S. Securities and Exchange Commission
*
Commodity Futures Trading Commission
The Commodity Futures Trading Commission (CFTC) is an Independent agencies of the United States government, independent agency of the US government created in 1974 that regulates the U.S. derivatives markets, which includes futures contract, fut ...
*
Financial Conduct Authority
The Financial Conduct Authority (FCA) is a financial regulatory body in the United Kingdom. It operates independently of the UK Government and is financed by charging fees to members of the financial services industry. The FCA regulates financi ...
*
Federal Financial Supervisory Authority
The Federal Financial Supervisory Authority (), better known by its abbreviation BaFin, is Germany's integrated financial regulatory authority. Since 2014, it has been Germany's national competent authority within European Banking Supervision. ...
*
1992 Indian stock market scam
*
Ketan Parekh
*
Accounting scandals
Accounting scandals are business scandals that arise from intentional manipulation of financial statements with the disclosure of financial misdeeds by trusted executives of corporations or governments. Such misdeeds typically involve complex ...
*
Dot-com bubble
The dot-com bubble (or dot-com boom) was a stock market bubble that ballooned during the late-1990s and peaked on Friday, March 10, 2000. This period of market growth coincided with the widespread adoption of the World Wide Web and the Interne ...
*
Financial regulation
Financial regulation is a broad set of policies that apply to the financial sector in most jurisdictions, justified by two main features of finance: systemic risk, which implies that the failure of financial firms involves public interest consi ...
*
Financial risk management
Financial risk management is the practice of protecting Value (economics), economic value in a business, firm by managing exposure to financial risk - principally credit risk and market risk, with more specific variants as listed aside - as well ...
*
Forward Markets Commission
*
Insider trading
Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider informati ...
*
Institute of Chartered Accountants of India
The Institute of Chartered Accountants of India, Abbreviation, abbreviated as ICAI, is India's largest professional accounting body under the administrative control of Ministry of Corporate Affairs, Government of India. It was established on ...
*
Institute of Company Secretaries of India
*
List of financial regulatory authorities by jurisdiction
*
List of stock exchanges in the Commonwealth of Nations
*
Market manipulation
In economics and finance, market manipulation occurs when someone intentionally alters the supply or demand of a security to influence its price. This can involve spreading misleading information, executing misleading trades, or manipulating ...
*
Regulation D (SEC)
In the United States under the Securities Act of 1933, any offer to sell securities must either be registered with the United States Securities and Exchange Commission (SEC) or meet certain qualifications to exempt them from such registration. Re ...
*
Risk management
Risk management is the identification, evaluation, and prioritization of risks, followed by the minimization, monitoring, and control of the impact or probability of those risks occurring. Risks can come from various sources (i.e, Threat (sec ...
*
Satyam scandal
*
Securities commission
A securities commission, securities regulator or capital market authority is a government department or agency responsible for financial regulation of securities products within a particular country. Its powers and responsibilities vary greatly ...
*
Securities exchange
References
External links
Securities and Exchange Board of IndiaSEBI Latest CircularsSEBI Annual Reports
{{Authority control
Executive branch of the government of India
Regulatory agencies of India
Organisations based in Mumbai
India
India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
Government agencies established in 1992
Government agencies of India
Economic history of India (1947–present)
Financial services companies based in Mumbai
1988 establishments in Maharashtra