Date: 2022-04-04Category: Not ApplicableState: Union GovernmentCountry: India
Execution of ‘Demat Debit and Pledge Instruction’ (DDPI) for transfer of securities towards deliveries / settlement obligations and pledging / re-pledging of securities
Executive Summary:
This circular introduces the Demat Debit and Pledge Instruction (DDPI) to simplify and increase transparency in securities transfers and pledging. The DDPI allows brokers to access client BO accounts for trade settlements and margin requirements with explicit client consent. Existing PoAs remain valid until revoked, and the circular is effective from July 1, 2022. Stock Exchanges and Depositories must notify members and amend regulations.
Key Points / Main Content:
* **Introduction of DDPI:**
* DDPI is introduced as an alternative to Power of Attorney (PoA) for specific purposes.
* DDPI authorizes stock brokers/depository participants to access client BO accounts for:
* Transferring securities for stock exchange deliveries/settlements.
* Pledging/re-pledging securities for client margin requirements.
* DDPI usage is limited to these two purposes.
* **Implementation and Usage:**
* Clients can choose DDPI, physical Delivery Instruction Slip (DIS), or electronic DIS (eDIS).
* After implementation, PoAs will no longer be executed for the purposes covered by DDPI.
* DDPI is a voluntary document requiring explicit client consent, including for internet-based trading.
* DDPI must be adequately stamped and can be digitally signed.
* **Existing PoAs and Client Rights:**
* Existing PoAs remain valid until revoked by the client.
* Stock brokers/depository participants cannot compel clients to execute DDPI or deny services if they refuse.
* This condition will be added to the Rights and Obligations document.
* **Settlement Obligations and Security Transfers:**
* Depositories must match and confirm security transfers with client-wise net delivery obligations.
* Securities transferred via DDPI must be credited to the client's trading member pool account.
* Stock Exchanges and Depositories must ensure clients can revoke/cancel DDPI.
* **Replacement of PoA References:**
* References to PoA in specified paragraphs of earlier SEBI circulars are replaced with DDPI, effective July 1, 2022.
* **Continuity of Other Provisions:**
* All other provisions in specified SEBI circulars remain applicable.
* The term "Power of Attorney (PoA)" will be substituted with "Power of Attorney (PoA) for the existing PoAs or Demat Debit and Pledge Instruction (DDPI)" in specified SEBI circulars.
Impact Analysis:
Stock Exchanges and Depositories:
* Impact: Required to implement the DDPI framework, amend rules, and disseminate information.
* Action Required:
* Notify members/participants about the circular's provisions.
* Disseminate information on their websites.
* Ensure existing clients are aware of the DDPI facility.
* Amend relevant Byelaws, Rules, and Regulations for implementation.
Stock Brokers and Depository Participants:
* Impact: Need to implement DDPI, ensure compliance, and respect client choices regarding PoA/DDPI.
* Action Required:
* Offer DDPI to clients for trade settlements and margin requirements.
* Do not compel clients to execute DDPI or deny services for refusal.
* Enable clients to revoke/cancel DDPI.
Clients:
* Impact: Given a new option (DDPI) for authorizing securities transfers and pledging, enhancing transparency.
* Action Required:
* Understand the DDPI and its implications.
* Choose between DDPI, physical DIS, or eDIS for settlements.
* Review existing PoAs if desired.
Key Entities Referenced
Securities and Exchange Board of India (SEBI): Regulatory body for the securities market in India, issuing the circular.
Demat Debit and Pledge Instruction (DDPI): A document allowing stock brokers/depository participants to access a client's Beneficial Owner account for settlement and pledging purposes, introduced to replace certain functions of the Power of Attorney (PoA).
Power of Attorney (PoA): A document previously used to authorize stock brokers/depository participants to manage a client's securities for settlement and pledging, being replaced by DDPI for specific functions.
Stock Exchanges: Recognized stock exchanges that are directed to implement the provisions of the circular.
Depositories: Entities holding securities in dematerialized form, directed to implement the circular's provisions and ensure security transfers align with clearing corporation data.
Clearing Corporation: An organization that is responsible for managing and settling trading transactions. Provides data to depositories for each settlement date.
Depositories Act, 1996: An act of the parliament of India that provides a legal framework for the establishment and operation of depositories in India.
Securities and Exchange Board of India Act, 1992: An act of the parliament of India that established the Securities and Exchange Board of India (SEBI).
CIRCULAR
SEBI/HO/MIRSD/DoP/P/CIR/2022/44 April 04, 2022
To,
All Depositories
All Recognised Stock Exchanges
Dear Sir/Madam,
Sub: Execution of ‘Demat Debit and Pledge Instruction’ (DDPI) for transfer of
securities towards deliveries / settlement obligations and pledging / re-
pledging of securities
1. SEBI vide circular no. CIR/MRD/DMS/13/2010 dated April 23, 2010 issued
guidelines regarding execution of Power of Attorney (PoA) by the client in favor of
Stock Broker / Stock Broker and Depository Participant (“POA Guidelines, 2010”).
Certain clarifications were issued vide circular no. CIR/MRD/DMS/28/2010 dated
August 31, 2010. Vide SEBI circular no. SEBI/HO/MIRSD/DOP/CIR/P/2020/158
dated August 27, 2020 (“PoA Guidelines, 2020”), it was inter-alia reiterated that:
1.1. PoA is optional and should not be insisted upon by the stock broker / stock
broker depository participant for opening of the client account.
1.2. PoA executed in favour of stock broker / stock broker depository participant by
the client shall be utilized
1.2.1. For transfer of securities held in the beneficial owner account of the client
towards Stock Exchange related deliveries / settlement obligations
arising out of trades executed by such a client on the Stock Exchange
through the same stock broker.
1.2.2. For pledging / re-pledging of securities in favour of the trading member
(TM) / clearing member (CM) for the purpose of meeting margin
requirements of the client in connection with the trades executed by such
a client on the Stock Exchange.
1.2.3. For the limited purposes as specified in paragraph 1(iii) and 2 of the
Enclosure to the POA Guidelines, 2010.
Page 1 of 52. While executing a PoA, authorization is given by client to the stock broker / stock
broker and depository participant, to access the Beneficial Owner (BO) account of
the client to meet settlement obligations of the trade executed by the client.
3. In order to make the process more transparent and simpler, the two conditions as
specified in paragraphs 1.2.1 and 1.2.2 shall be made part of a separate document
viz. ‘Demat Debit and Pledge Instruction’ (DDPI) (Annexure-A), under which
the clients shall explicitly agree to authorize the stock broker/stock broker and
depository participant to access their BO account for the limited purpose of meeting
pay-in obligations for settlement of trades executed by them. The DDPI shall serve
the same purpose of PoA and significantly mitigate the misuse of PoA. The use of
DDPI shall be limited only for the two purposes as mentioned in paragraph 1.2.1
and 1.2.2.
4. The client may use the DDPI or opt to complete the settlement by issuing physical
Delivery Instruction Slip (DIS) or electronic Delivery Instruction Slip (eDIS)
themselves. Hence, with the implementation of this circular, PoA shall no longer
be executed for the conditions specified in paragraph 1.2.1 and 1.2.2.
5. The DDPI shall be indexed as part of the Voluntary Documents in Annexure-1 of
SEBI circular no. CIR/MIRSD/16/2011 dated August 22, 2011 and shall be
executed only if the client provides his/her explicit consent for the same, including
internet based trading. The DDPI shall also be adequately stamped. The DDPI can
be digitally signed by the clients.
6. The existing PoAs shall continue to remain valid till the time client revokes the
same. Thus, the stock broker/stock broker and depository participant shall not
directly / indirectly compel the clients to execute the DDPI or deny services to the
client if the client refuses to execute the DDPI. Also, as mentioned in point no. 1.1
above, PoA is optional and should not be insisted upon by the stock broker / stock
broker depository participant for opening of the client account. A clause in this
regard shall be incorporated under the sub-heading ‘Additional Rights And
Page 2 of 5Obligations’ of the Rights and Obligations Document (Annexure-4 of SEBI circular
no. CIR/MIRSD/16/2011 dated August 22, 2011) and shall read as under:
“The stock broker / stock broker and depository participant shall not directly /
indirectly compel the clients to execute Power of Attorney (PoA) or Demat Debit
and Pledge Instruction (DDPI) or deny services to the client if the client refuses to
execute PoA or DDPI.”
Accordingly, SEBI circular no. CIR/MIRSD/16/2011 dated August 22, 2011 stands
amended to this extent.
7. For the execution of the DDPI for fulfilling delivery / settlement obligations, prior to
executing actual transfer of securities based on details provided by stock
broker/stock broker and depository participant, the Depositories shall ensure
matching and confirming the transfer of securities with client-wise net delivery
obligation arising from the trade executed on the exchange, as provided by the
Clearing Corporation to Depositories for each settlement date.
8. Securities transferred on the basis of the DDPI provided by the client shall be
credited only to client’s trading member pool account. The DDPI provided by the
client shall be registered in the demat account of the client by TM /CM. Stock
Exchanges and Depositories shall ensure that stock broker/stock broker and
depository participant providing DDPI facility, has enabled its clients to revoke /
cancel the DDPI provided by them.
9. For the clients who issue the DDPI to stock broker/stock broker and depository
participant, the following provisions of the SEBI circulars issued with respect to
PoA shall stand replaced with DDPI with effect from July 01, 2022:
9.1. Paragraphs 4.2.1 and 4.2.2 of SEBI circular no.
SEBI/HO/MIRSD/DOP/CIR/P/2020/158 dated August 27, 2020, and
9.2. Paragraphs 1(i) and 1(ii) of Enclosure to the SEBI circular no.
CIR/MRD/DMS/13/2010 dated April 23, 2010.
10. All other provisions specified in SEBI circular no. CIR/MRD/DMS/13/2010 dated
April 23, 2010 read with SEBI circular no. CIR/MRD/DMS/28/2010 dated August
Page 3 of 531, 2010 and SEBI circular no. SEBI/HO/MIRSD/DOP/CIR/P/2020/158 dated
August 27, 2020 shall continue to remain applicable.
11. The word “Power of Attorney (PoA)” in the SEBI circular no.
SEBI/HO/MIRSD/DOP/CIR/P/2020/28 dated February 25, 2020 and
SEBI/HO/MIRSD/DOP/P/CIR/2021/595 dated July 16, 2021 shall be substituted as
“Power of Attorney (PoA) (for the existing PoAs) or Demat Debit and Pledge
Instruction (DDPI), as the case maybe”.
12. All other provisions specified in SEBI circular dated February 25, 2020 and July 16,
2021 shall continue to remain applicable.
13. Stock Exchanges and Depositories are directed to:
13.1. bring the provisions of this circular to the notice of their members /
participants and also disseminate the same on their websites;
13.2. ensure that existing clients are made aware of the availability of facility for
execution of DDPI, through letters / SMS / emails; and
13.3. make necessary amendments to the relevant Bye-laws, Rules and
Regulations for the implementation of the above decision.
14. This circular shall be applicable with effect from July 01, 2022.
15. This circular is issued in exercise of the powers conferred under Section 11(1) of
the Securities and Exchange Board of India Act, 1992 and 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 markets.
Yours faithfully
Narendra Rawat
General Manager
Tel. No: 022 26449383
narendrar@sebi.gov.in
Page 4 of 5Annexure-A
Demat Debit and Pledge Instruction
S.No. Purpose Signature of Client *
1. Transfer of securities held in the beneficial
owner accounts of the client towards Stock
Exchange related deliveries / settlement
obligations arising out of trades executed by
clients on the Stock Exchange through the
same stock broker
2. Pledging / re-pledging of securities in favour
of trading member (TM) / clearing member
(CM) for the purpose of meeting margin
requirements of the clients in connection with
the trades executed by the clients on the
Stock Exchange.
* the same may be eSigned or signed physically
Page 5 of 5