Business Standard

BSE wants Sebi to raise ceiling on depository holding CAUGHT IN A BIND

- SHRIMI CHOUDHARY & SAMIE MODAK Mumbai, 6 March

BSE wants regulator Securities and Exchange Board of India (Sebi) to increase investment ceiling for stock exchanges in depositori­es. The move comes less than a month ahead of the deadline for the exchange to divest its holding in Central Depository Services Ltd (CDSL) from 50 per cent at present to 24 per cent, the maximum permissibl­e limit.

BSE was in the process of selling its 26 per cent stake in CDSL's initial public offering (IPO) of shares, for which it has obtained Sebi’s approval. Meanwhile, rules for market infrastruc­ture institutio­ns (MIIs) such as stock exchanges, clearing corporatio­ns, and depositori­es have come under review by Sebi after five years.

Sources say BSE wants the market regulator to consider allowing higher shareholdi­ng in depositori­es and extend the deadline till the review is complete.

"We want Sebi to review shareholdi­ng in depositori­es. The ownership should be increased to 50 per cent. Our internal committee is working on a detailed presentati­on in this regard and will soon submit it, along with other recommenda­tions, to Sebi," said an exchange official.

BSE declined comment on the issue. "BSE has made representa­tion before Sebi and is believed to have sought An exchange cannot own more than 24% in a depository BSE owns 50% in depository arm CDSL Deadline to bring down stake to 24% is Mar 31 BSE was to divest stake some extension to decide on the issue," said a CDSL spokespers­on. The deadline for Sebi to divest its holding in CDSL is March 31. BSE's stake in CDSL is worth ~600 crore to ~750 crore. Sources say depending on Sebi's view on the issue, CDSL and BSE will decide on the timing of the IPO.

"Under current regulation­s, BSE will have to divest its holding in CDSL. The law has not changed yet. The exchange can't pre-judge what is going to happen. BSE runs the risk of default unless Sebi gives it a relaxation," said J N Gupta, former executive director, Sebi, and founder of proxy advisory firm SES. Gupta was part of the Bimal Jalan committee, set up to review ownership and governance norms for MIIs.

Last month, the Sebi board had approved the review of rules for MIIs in line with the Jalan committee recommenda­tion that the workings of the MII should be reviewed every five years to keep up with evolving markets.

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