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SEBI Plans to Revamp ‘Fit and Proper’ Framework

1 min read Source: Mint
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The Securities and Exchange Board of India (SEBI) has proposed a review and revamp of its ‘fit and proper’ framework for market intermediaries, citing concerns that some existing provisions may be overly rigid and punitive at a preliminary stage of legal proceedings.

What is the ‘Fit and Proper’ Framework?

  • A regulatory test used by SEBI to assess whether:
    • Market intermediaries,
    • Their promoters, directors, or key management personnel
      are suitable to operate in the securities market.
  • Governed by Schedule II of the SEBI (Intermediaries) Regulations.
  • Criteria include:
    • Integrity
    • Reputation
    • Competence
    • Financial soundness
Why is SEBI Reviewing It Now?
  • Five years of enforcement experience has highlighted unintended consequences.
  • Market representations flagged:
    • Onerous compliance burdens
    • Risk of irreparable reputational and business harm due to early disqualifications
  • SEBI also examined global best practices, prompting reconsideration.
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