Page 96 - DCOM304_INDIAN_FINANCIAL_SYSTEM
P. 96

Unit 5: Primary Market




          Tasks and Responsibilities of Bankers to an Issue                                     Notes

          The following guidelines with respect to duties and responsibilities of bankers to an issue have
          been laid down by the SEBI:
          1.   A banker intending to act as banker to an issue can do so by getting itself registered with
               the SEBI and obtaining a certificate of registration to that effect. The SEBI issues the certificate
               on being satisfied about the availability of the necessary infrastructure, communication
               and data  processing facilities  with the  applicant and  the adequacy  of manpower  to
               effectively perform activities relating to the issue.

          2.   An annual  registration fee of  ` 2.5 lakh for the first two years from the  date of initial
               registration and ` 1 lakh for the third year has to be paid by the banker to an issue to the
               SEBI. The renewal fees are ` 1 lakh annually for the first two years and ` 20,000 for the third
               year.
          3.   A banker is required to enter into an agreement with the issuing company, specifying
               number of centres at which applicants from investors will be collected and the time within
               which statements regarding applications and money received will be sent to the registrars
               to the issue by the designated branches of the banker to the issue.
          4.   A banker to the issue has to maintain books of accounts, records and documents for a
               minimum period of at least 3 years regarding number of applications, names of investors,
               time within which applications received were forwarded to the issuing company/registrar
               to the issue and dates and amount of refund to investors.
          5.   A banker to the issue is required to furnish to the SEBI detailed information pertaining to
               number of applications received, number of issues for which he acted as banker to the
               issue, the  dates on  which applications from investors  were forwarded  to the  issuing
               company/registrar to the issue and amount of refund to investors.

          6.   A banker to the issue has to observe all the codes of conduct ordained by the SEBI for the
               merchant bankers and underwriters. Besides, it has to adhere to the following norms laid
               down by the SEBI:
               (a)  Make all efforts to protect the interests of investors;
               (b)  Observe high standards of integrity and fairness in the conduct of the business;
               (c)  Exercise due diligence, ensure proper care and exercise independent professional
                    judgement;
               (d)  Not to keep blank application forms bearing broker's stamp at the bank premises or
                    at the entrance of the bank;
               (e)  Not to accept applications after office hours, on bank holidays or after the date of the
                    closure of the issue;

               (f)  Not to act any time in collusion with other agents in a manner detrimental to the
                    interest of small investors; and
               (g)  Abide by all acts, rules, regulations, notifications, directions, circulars, instructions
                    and guidelines issued by the Government, the RBI, Indian Banks' Association and
                    SEBI that are relevant to his operation as banker to an issue.

          Brokers to an Issue

          Brokers to an issue represent intermediaries who are concerned with procuring the subscription
          to the issue from prospective investors across the country. In this way, they serve as a vital link



                                           LOVELY PROFESSIONAL UNIVERSITY                                    91
   91   92   93   94   95   96   97   98   99   100   101