Executive Summary:
SEBI circular SEBIHOMRDPoD2CIRP202493, dated July 01, 2024, modifies guidelines regarding the dispatch of Consolidated Account Statements (CAS) and holding statements. Email becomes the default mode of dispatch for CAS by Depositories, Mutual Fund Registrar and Transfer Agents (MFRTAs), and holding statements by Depository Participants (DPs). This circular takes effect on August 01, 2024.
Key Points / Main Content:
* **Default Mode of Dispatch:**
* Email is now the default mode for dispatching CAS and holding statements.
* **Investor Options:**
* Investors retain the option to receive CAS and holding statements in physical form.
* **CAS Dispatch Frequency:**
* Monthly CAS via email if there's a transaction in demat accounts or mutual fund folios.
* Half-yearly CAS via email with holding details if no transactions occur.
* **Holding Statement Frequency:**
* At least one annual holding statement via email for accounts with no transactions and nil balance.
* Annual holding statement sent via email for remaining accounts.
* **Zero Balance Accounts:**
* Annual holding statement via email for accounts with zero balance and nil transactions, even after one year in such state.
* For accounts that become zero balance, an annual holding statement will be sent via email.
* **Credit Balance Accounts:**
* For accounts with a credit balance but no transactions, a half-yearly holding statement will be sent via email.
* **Digital Signatures:**
* DPs should provide statements of demat accounts under digital signature, if the facility exists. Otherwise, physical statements should be forwarded.
* **SMS Notifications:**
* Depositories must inform investors quarterly via SMS about the email ID used for sending CAS.
* **Modified Circular Sections:**
* Paras 1.24.6, 1.24.12, 1.8.5, 1.8.6, and Paras 14 & 15 under "Statement of Account" in Annexure 3 of SEBI Master Circular on Depositories dated October 06, 2023, are modified as per Annexure A.
Impact Analysis:
* **Depositories:**
* *Impact:* Must implement email as the default dispatch mode and provide physical statement options.
* *Action Required:* Amend byelaws, rules, and regulations; implement necessary system changes; disseminate the circular on their website; and report implementation status to SEBI in the Monthly Development Report.
* **Asset Management Companies (AMCs) / Mutual Fund Registrar and Transfer Agents (MFRTAs):**
* *Impact:* Must ensure CAS is dispatched via email as the default, with options for physical copies.
* *Action Required:* Modify systems and processes to comply with the email dispatch requirements.
* **Depository Participants (DPs):**
* *Impact:* Must send holding statements via email as the default and provide physical statement options.
* *Action Required:* Adjust systems to support email dispatch and maintain options for physical statements.
* **Investors:**
* *Impact:* Will receive CAS and holding statements primarily via email but retain the option for physical copies.
* *Action Required:* No immediate action required unless they wish to opt out of email delivery and receive physical statements. Ensure their email address and postal address are updated with Depositories and AMCs/MFRTAs.
Key Entities Referenced
Securities and Exchange Board of India SEBI: The regulatory body issuing the circular, responsible for regulating the securities market in India.
Depositories: Organizations that hold securities in electronic form.
Asset Management Companies: Entities that invest pooled funds from clients, putting capital to work through different investments.
Mutual Fund Registrar and Transfer Agents MFRTAs: Agents responsible for maintaining investor records and processing transactions for mutual funds.
Depository Participants DP: Agents of depositories through which investors can access depository services.
Consolidated Account Statement CAS: A statement providing a consolidated view of an investor's holdings across different securities assets.
Securities and Exchange Board of India Act, 1992: The act of Parliament that established the Securities and Exchange Board of India (SEBI) and gave it statutory powers.
Depositories Act, 1996: The act of Parliament that provides a legal framework for the establishment and operation of depositories in India.
CIRCULAR
SEBI/HO/MRD-PoD2/CIR/P/2024/93
July 01, 2024
To,
The Depositories,
Asset Management Companies,
Mutual Fund- Registrar and Transfer Agents (MF-RTAs),
Depository Participants (DPs)
Dear Sir / Madam,
Subject: Dispatch of Consolidated Account Statement (CAS) for all securities
assets
1. Considering the increasing reach of digital technology, electronic mode now being the
preferred mode of communication and as a green initiative measure and to streamline
the regulatory guidelines on mode of dispatch of account statements, it has been
decided to revisit the regulatory provisions and provide for email as default mode of
dispatch for Consolidated Account Statement (CAS) by Depositories, Mutual Fund –
Registrar and Transfer Agents (MF-RTAs) and holding statement by Depositories
Participant (DP).
2. Accordingly, para 1.24.6, para 1.24.12, para 1.8.5, para 1.8.6 and Para 14 & 15 under
the head ‘Statement of Account’ in Annexure 3 of SEBI Master Circular on
Depositories dated October 06, 2023 stands modified as given in Annexure-A.
3. The circular shall be effective from August 01, 2024
4. The Depositories are directed to:
i. make amendments to the relevant bye-laws, rules and regulations for the
implementation of the above decision, as may be applicable/necessary;
ii. to carry out system changes, if any, to implement the above;
iii. disseminate the provisions of this circular on their website;
Page 1 of 4iv. communicate to SEBI, the status of implementation of the provisions of this
circular in their Monthly Development Report.
5. This circular is issued in exercise of powers conferred under Section 11 (1) of the
Securities and Exchange Board of India Act, 1992 read with Section 19 of the
Depositories Act,1996 to protect the interests of investors in securities and to promote
the development of, and to regulate the securities market.
6. This circular is issued with the approval of competent authority.
7. This circular is available on SEBI website at www.sebi.gov.in under the category
“Circulars”.
Yours faithfully,
Vishal Shukla
General Manager
Market Regulation Department
Email: vishals@sebi.gov.in
Phone number:022-26449959
Page 2 of 4Annexure-A
Modifications in paras of SEBI Master Circular on Depositories dated October
06, 2023.
Para 1.24.6
The CAS shall be dispatched by email to all the investors whose email addresses
are registered with the Depositories and AMCs/MF-RTAs. However, where an
investor does not wish to receive CAS through email, option shall be given to the
investor to receive the CAS in physical form at the address registered with the
Depositories and the AMCs/MF-RTAs. The depositories shall also intimate the
investor on quarterly basis through the SMS mode specifying the email id on which
the CAS is being sent.
Para 1.24.12
If there is any transaction in any of the demat accounts of the investor or in any of
his mutual fund folios, then CAS shall be sent to that investor through email on
monthly basis. In case there is no transaction in any of the mutual fund and demat
accounts then CAS with holding details shall be sent to the investors by email on
half yearly basis. However, where an investor does not wish to receive CAS through
email, option shall be given to the investor to receive the CAS in physical form at
the address registered with the Depositories and the AMCs/MF-RTAs.
Para 1.8.5 (ii)
a. DP shall send at least one annual statement of holding through email in
respect of accounts with no transaction and nil balance even after the account
has remained in such state for one year. However, where an investor does
not wish to receive the holding statement through email, option shall be given
to the investor to receive the same in physical form at the registered address.
b. One annual statement of holding shall be sent in respect of remaining
accounts through email unless specifically opted by the investor to receive
the same in physical form.
Para 1.8.6
i. Accounts with zero balance and nil transactions during the year: DP shall
send at least one annual statement of holding through email in respect of
accounts with no transaction and nil balance even after the account has
remained in such state for one year.
Page 3 of 4ii. Accounts which become zero balance during the year: For such accounts, no
transaction statement may be sent for the duration when the balance remains
nil. However, an annual statement of holding shall be sent to the BO through
email.
iii. Accounts with credit balance: For accounts with credit balance but no
transactions during the year, half yearly statement of holding for the year shall
be sent to the BO through email.
In all above three scenarios, the BO shall be given the option to receive the
statements in physical form.
Modifications to the Annexure 3 of the Master Circular on Depositories dated October 06,
2023 are as follows:
Para 14:
However, if the balance has become Nil during the year, the DP shall send one holding
statement annually to such BOs through email and shall resume sending the transaction
statement as and when there is a transaction in the account. In case of accounts with
credit balance but no transactions during the year, half yearly statement of holding for the
year shall be sent to the BO through email.
Para 15:
The DP shall provide the services of issuing the statement of demat accounts in an
electronic mode. The DP will furnish to the BO the statement of demat accounts under its
digital signature, as governed under the Information Technology Act, 2000. However, if
the DP does not have the facility of providing the statement of demat account in the
electronic mode, then the DP shall be obliged to forward the statement of demat accounts
in physical form.
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