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Securities And Exchange Board Of India - Section

Section 2 in Securities and Exchange Board of India (Custodian) Regulations, 1996

2. Definitions.

- In these regulations unless the context otherwise requires:-
(a)"Act" means the Securities and Exchange Board of India Act, 1992 (15 of 1992);
(b)"certificate" means a certificate of registration granted by the Board under these regulations;
(c)"client" means any person who has entered into an agreement with a [custodian] [Substituted 'custodian of securities' by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).] to avail of custodial services provided by the [custodian] [Substituted 'custodian of securities' by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).];
(d)[custodian] [Substituted 'custodian of securities' by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).] means any person who carries on or proposes to carry on the business of providing custodial services;
(e)[ "custodial services" in relation to securities [or goods] [Substituted by Notification No. 11/LC/GN/15/2008/130775, dated 4.7.2008.] of a client or gold or gold related instruments held by a mutual fund or title deeds of real estate assets held by a real estate mutual fund scheme in accordance with the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 means, [the] [Inserted by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).] safekeeping of such securities [or goods] [Inserted by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).] or gold or gold related instruments or title deeds of real estate assets and providing services incidental thereto, and includes -
(i)maintaining accounts of securities [or goods] [Inserted by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).] or gold or gold related instruments or title deeds of real estate assets of a client;
(ii)collecting the benefits or rights accruing to the client in respect of securities [or goods] [Inserted by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).] or gold or gold related instruments or title deeds of real estate assets;
(iii)keeping the client informed of the actions taken or to be taken by the issuer of securities, having a bearing on the benefits or rights accruing to the client; and
(iiia)[ keeping the client informed of the actions taken or to be taken with respect to the goods held on its behalf;] [Inserted by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).]
(iv)maintaining and reconciling records of the services referred to in sub-clauses (i) to [(iiia)] [Substituted by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996)].]
(f)"custody account" means an account of a client maintained by a [custodian] [Substituted 'custodian of securities' by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).] in respect of securities;
(g)"enquiry officer" means an account of a client maintained by a [custodian] [Substituted 'custodian of securities' by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).] in respect of securities;
(h)"Form" means any of the forms set out in the First Schedule;
(ha)[ "goods" means the goods notified by the Central Government under clause (bc) of section 2 of the Securities contracts (Regulation) Act, 1956 and forming the underlying of any commodity derivative contract;] [Inserted by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).]
(i)"inspecting officer" means an inspecting officer appointed by the Board under regulation 21;
(j)"Schedule" means a Schedule annexed to these regulations.
(k)[ "securities" shall have the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956.] [Inserted by Notification No. SEBI/LAD-NRO/GN/2019/01, dated 1.1.2019 (w.e.f. 16.5.1996).]