SEBI: Functions, Challenges & Recommendations

Table of contents

Context (TH | TH): The integrity of SEBI is under scrutiny following allegations by New York-based Hindenburg Research of a conflict of interest involving the SEBI Chairperson, potentially compromising the ongoing investigation into the Adani Group.

Allegations claim that the SEBI Chairperson had hidden stakes in offshore funds in Bermuda and Mauritius, which were reportedly used for stock manipulation by Adani Group.
Her husband’s role at an Alternative Investment Management company is also scrutinized for potential benefits from SEBI’s regulatory changes favouring REITs.
With the Indian stock market now a $5.3 trillion powerhouse, concerns about regulatory impartiality and market integrity are heightened.

Offshore funds are investment funds managed outside an investor’s country of residence, often used for tax benefits, regulatory advantages, and diversification.
Real Estate Investment Trusts (REITs) are companies that own, operate, or finance income-generating real estate and allow investors to buy shares and earn a portion of the income from the properties.

About Securities and Exchange Board of India

Established in April 1988 as a non-statutory body, SEBI became statutory on April 12, 1992, under the SEBI Act, 1992.
It acts as the principal regulator of the securities market, and watchdog of the Indian capital market functioning under the Ministry of Finance.
Its headquarters is in Mumbai, with regional offices in Ahmedabad, Kolkata, Chennai, and Delhi.
The Board of Directors has 9 members including chairperson nominated by the Government of India, 2 members from the Union Ministry of Finance, 1 member from the Reserve Bank of India and 5 other members appointed by the Government, including at least 3 full-time Members.

Current Chairperson Madhabi Puri Buch is the first woman to hold the position, while D. R. Mehta is the longest-serving Chairperson.
Appointment: Appointed by the Government of India for a maximum period of 5 years or till 65 years, whichever is earlier.
Procedure for Appointment:
- Candidates are shortlisted by the Financial Sector Regulatory Appointments Search Committee (FSRASC) headed by the Cabinet Secretary.
- Shortlisted candidates are interviewed by a panel comprising the Economic Affairs Secretary and three external members with domain knowledge.
- The Appointments Committee of Cabinet, headed by the Prime Minister, considers the panel’s recommendations and appoints the Chairperson.

Market Regulation: Sets capital-raising rules, and ensures compliance through inspections and investigations.
Market Development: Expand the market with electronic trading and demat systems.
Investor Protection: Educates investors, provides compensation, and combats fraudulent practices.
Regulatory Actions: Drafts regulations, conducts inquiries and imposes penalties.
Operational Powers: Manages money pooling schemes, conducts searches, and oversees mutual and venture capital funds.

Investor Education and Protection Fund (IEPF): Promotes investor awareness and protection.
SCORES Portal: A web-based system for lodging and tracking complaints.
Investor Education and Financial Literacy: Initiatives like awareness campaigns and counseling centers.

Balancing market conduct regulation with prudential oversight is increasingly challenging.
SEBI’s broad enforcement power can severely impact the economy, placing the burden on parties to disprove allegations.
Limited market consultation and lack of regulation reviews create widespread fear of SEBI.
Insider trading is a major issue and disclosure regulations often lack quality and substance.
SEBI’s expansive statutory powers grant significant discretion in subordinate legislation.
SEBI’s smaller staff, compared to its global counterparts, affects its market oversight effectiveness.

Strengthen regulatory approach by drawing lessons from responses to scandals like Wirecard’s misappropriation (E.g., Germany’s BaFin reformed its financial regulations and oversight mechanisms).
Increase staff and attract top talent, similar to the UK’s Financial Conduct Authority (FCA).
Create a unified financial regulator to tackle overlaps, mirroring the UK’s FCA model.
Shift focus to prudential oversight with enhanced intelligence, as seen in the US post-2008 crisis.
Regularly review policies and act promptly on allegations, following the example of global regulators like the European Securities and Markets Authority (ESMA).