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Features of the Depositary Structure In India.




Multi-deposit system:

The depository model adopted in India provides for a competitive multi-depositary system. The depository was to be a company formed under the Companies Act 2013 and a certificate of registration under the Securities and Exchange Board of India Act, 1992 was to be granted. There are currently two depositories registered with SEBI, namely:

  •  National Securities Depository Limited (NSDL), and
  • Central Depository Service Limited (CDSL)

 

Securities in Dematerialised Form:

The depository model adopted in India provides for the dematerialization of securities, which is more or less similar to holding funds in bank accounts. Transfer of ownership of securities is done through simple account transfers. This method does away with all the risks and hassles normally associated with paperwork.

 

Fungibility:

In a general sense, Fungibility is a good or asset’s interchangeability with other individual goods or assets of the same type. Assets possessing this fungibility property simplify the exchange and trade processes, as interchangeability assumes everyone values all goods of that class the same. Many diverse types of assets are considered to be fungible.

 In the depository system, the securities dematerialized are not identified by distinctive numbers or certificate numbers as in the physical environment. Thus, all securities in the same class are identical and interchangeable. For example, all equity shares in the class of fully paid up shares are interchangeable.

 

Registered Owner/ Beneficial Owner:

In the depository system, the ownership of securities dematerialized is bifurcated between Registered Owner and Beneficial Owner. For the securities dematerialized, NSDL is the Registered Owner in the books of the issuer; but ownership rights and liabilities rest with the Beneficial Owner. All the rights, duties, and liabilities underlying the security are on the beneficial owner of the security.

 

Free Transferability of Shares:

Transfer of securities held in dematerialized form takes place freely through an electronic book-entry system. The system dispenses with the transfer deed and other procedural requirements with respect to a transfer of securities.

 

No Stamp Duty:

No stamp duty for transfer of securities in the electronic form is payable. In the case of transfer of physical shares, a stamp duty of 0.5 percent is payable on the market value of shares transferred.

 

No-Risk:

All risks associated with physical certificates such as delays, loss in transit, theft, bad deliveries, etc. are eliminated in the depository system.

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