Key Announcements Aim to Enhance Governance and Ease Compliance
Key Highlights:
- Custodians required to maintain a net worth of ₹75 crore within three years.
- Introduction of a Business Continuity Plan and Disaster Recovery framework.
- Non-core activities to be hived off into separate legal entities within two years.
- Simplification of reporting requirements to eliminate duplication.
The Securities and Exchange Board of India (SEBI), at its board meeting on December 18, announced a series of measures aimed at enhancing risk management, governance, and the ease of doing business for custodians. These measures, detailed in a press release, are designed to simplify compliance requirements while bolstering the operational robustness of custodians in the financial sector.
Strengthened Net Worth Requirement
SEBI has mandated custodians to maintain a dedicated net worth of ₹75 crore. Existing custodians have been granted a three-year period to meet this requirement, ensuring a gradual transition while reinforcing the financial stability of these entities.
Business Continuity and Disaster Recovery Framework
Custodians will now adopt a comprehensive framework similar to that of Qualified Stock Brokers. This includes Business Continuity Plans (BCP), Disaster Recovery mechanisms, and provisions for orderly winding down in case of disruptions. These steps are expected to mitigate risks and ensure uninterrupted services in times of crisis.
Separation of Non-Regulated Activities
To address potential conflicts of interest, custodians will be required to hive off non-regulated activities into separate legal entities within two years. This separation ensures that activities outside the purview of financial sector regulators are clearly demarcated and do not interfere with the core operations of custodians.
Additionally, SEBI has tasked the Custodians and Depositories Standard Setting Forum (CDSSF) to classify core and non-core activities in consultation with the regulator.
Updated Vault Requirements
For custodians holding physical securities, SEBI clarified that vault requirements would only apply to such holdings. The specifications for these vaults will be established by the industry through the CDSSF, with full disclosure and consent from clients.
Simplification of Reporting
To reduce redundancy, SEBI will discontinue certain reports currently submitted by custodians. This move is expected to eliminate duplicate reporting requirements between SEBI and depositories, easing the administrative burden on custodians.
Implications for the Industry
These measures are expected to improve operational efficiency while ensuring a robust risk management framework for custodians. The changes also reflect SEBI’s commitment to aligning industry practices with global standards, fostering a more transparent and resilient financial ecosystem.
SEBI’s announcement signals a forward-looking approach to regulatory oversight, with a focus on balancing ease of doing business with rigorous risk management.