(a) The registration of the depository, its participant and the custodian is mandatory with SEBI;
(b) Requisite fees must also be paid to SEBI in respect of the registration;
(c) The proper agreement must be entered into by all the parties;
(d) Drafts of these agreements are to be included in the bye – laws and to be approved by SEBI.
Rights and Obligations of Depositories and its Constituents
Every depository is required to maintain following records & documents which are as follows:-
(i) Records of securities dematerialized; (ii) The names of the transferor, transferee, and the dates of the transfer of securities;
(iii) A register and index of beneficial owner;
(iv) The details of holding of securities of the beneficial owner at the end of each day;
(v) Records of approvals, notices, entries; (vi) Details of participants;
(vii) Details of securities declared to be eligible for dematerialization.
The Participants have to maintain the following Documents for a Period of 5 years:
(i) Records of all transactions entered into;
(ii) Details of the securities dematerialized;
(iii) Records of instructions received from beneficial owners;
(iv) Records of approvals, notices, entries.
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