New Regulation 44A on “Orderly Winding Down”

New Regulation 44A on “Orderly Winding Down”

SECURITIES CONTRACTS (REGULATION) (STOCK EXCHANGES AND CLEARING CORPORATIONS) (SECOND AMENDMENT) REGULATIONS, 2022

No. SEBI/LAD-NRO/GN/2022/104.—In exercise of the powers conferred by sections 4, 8A and 31 of the Securities Contracts (Regulation) Act, 1956, read with sections 11 and 30 of the Securities and Exchange Board of India Act, 1992, the Board hereby makes the following regulations to further amend the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018, namely:—

1. These Regulations may be called the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Second Amendment) Regulations, 2022.
   
2. They shall come into force on date of their publication in the Official Gazette.
   
3. In the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2018,—
   
   I. After regulation 44, the following regulation shall be inserted, namely,—
   “Orderly Winding Down
   
   44A(1)Every clearing corporation shall devise and maintain a framework for orderly winding down of its critical operations and services covering both voluntary and involuntary scenarios.
   (2) Every clearing corporation shall ensure that the framework provides for:-
   a. the timely and orderly settlement or cessation or transfer of position(s), and/ or;
   b. the transfer of the collateral(s) or deposit(s) or margin(s) or any other asset(s) of the members to another recognized clearing corporation that would take over the operations of the clearing corporation, and/or;
   c. such other related matter.
   (3) The framework referred to in sub-regulation (1) above, shall be in accordance with the guidelines specified by the Board in this regard from time to time.”

Notification

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