As per the requirement of the Regulation 19(1) of Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2012 (SECC Regulations), and Regulation 6(B) of SEBI (Depositories and Participants) Regulations, 2012, no person shall, directly or indirectly, acquire or hold equity shares of a recognised Stock Exchange or recognised Clearing Corporation or securities issued by listed depositories unless he is a fit and proper person in terms of Regulation 20 of the said SECC Regulations & Schedule II of the SEBI (Intermediaries) Regulations, 2008.
(1)For the purposes of these regulations, a person shall be deemed to be a fit and proper person if—
(a)Such person has a general reputation and record of fairness and integrity, ncluding but not limited to—
(i)Financial integrity; (ii)Good reputation and character; and (iii)Honesty;
(b)Such person has not incurred any of the following disqualifications—
(i)The person, or any of its whole time directors or managing partners, has been convicted by a court for any offence involving moral turpitude or any economic offence or any offence against the securities laws;
(ii)An order for winding up has been passed against the person;
(iii)The person, or any of its whole time directors or managing partners, has been declared insolvent and has not been discharged;
(iv)An order, restraining, prohibiting or debarring the person, or any of its whole time directors or managing partners, from dealing in securities or from accessing the securities market, has been passed by the Board or any other regulatory authority, and a period of three years from the date of the expiry of the period specified in the order has not elapsed;
(v)Any other order against the person, or any of its whole time directors or managing partners, which has a bearing on the securities market, has been passed by the Board or any other regulatory authority, and a period of three years from the date of the order has not elapsed;
(vi)The person has been found to be of unsound mind by a court of competent jurisdiction and the finding is in force; and
(vii)The person is financially not sound.