Hubs / SEBI securities / Custodian
SEBI regulation control

Custodian - Registration or eligibility

Registration gateway, eligibility criteria, continuing conditions and refusal/surrender risks under SEBI Custodian of Securities Regulations, 1996.

CustodianOfficial source date: 1 January 2019, with later amendments to be checked in the legal listingRegistration or eligibility

Finin2min Summary

Bare Law and Source Map

InstrumentSEBI Custodian of Securities Regulations, 1996
Audiencecustodians, clients, FPIs, mutual funds, depositories, compliance officers and operations teams
Page focusregistration gateway, eligibility criteria, continuing conditions and refusal/surrender risks
Provision familyapplication, eligibility, certificate, renewal/continuation, fit-and-proper and fee clauses
Official sourcehttps://www.sebi.gov.in/legal/regulations/apr-2017/sebi-custodian-of-securities-regulations-1996-last-amended-on-january-01-2019-_34729.html

Section-wise / Para-wise Decode

Linked Rules, Circulars and Notifications

Before filing or issuing advice, check the SEBI regulations listing, the family source page, applicable master circulars, exchange or depository specifications and any SEBI order affecting the same fact pattern.

Workflow / Flow Chart

  1. Step 1Confirm applicability of SEBI Custodian of Securities Regulations, 1996 to the entity, role, security, investor/client and event date before using Custodian - Registration or eligibility.
  2. Step 2Open the official source dated 1 January 2019, with later amendments to be checked in the legal listing and locate the exact clause family for application, eligibility, certificate, renewal/continuation, fit-and-proper and fee clauses.
  3. Step 3Freeze the facts: parties, transaction, approval date, amount, security, investor/client class, filing channel and responsible officer.
  4. Step 4Build the Custodian - Registration or eligibility evidence file using custody agreement, asset register, reconciliation, corporate action file, client report, system audit and exception log; mark each item as available, pending or not applicable.
  5. Step 5Translate the legal requirement into one owner, one due date, one approval trail and one acknowledgement or retention record.
  6. Step 6Check linked circulars, master circulars, exchange/depository specifications and enforcement orders before closing the advice.
  7. Step 7Record deviations, board or trustee escalation, client/investor communication and remediation status in the working paper.

Practical Examples

  • corporate-action credit delay: use Custodian - Registration or eligibility to decide the legal trigger, evidence owner and corrective filing before the transaction proceeds.
  • custody asset reconciliation mismatch: map the facts to Registration or eligibility and test whether the record supports every field in the compliance conclusion.
  • client reporting exception after settlement failure: if the fact pattern changes after approval, rerun applicability, investor/client communication and reporting checks.

Highlighted Points

  • Do not treat Custodian commercial wording as enough; the official regulation source controls the legal label.
  • Registration or eligibility should end in a dated working paper, not only a verbal compliance clearance.
  • Portal acceptance, exchange acknowledgement or trustee sign-off does not cure a wrong legal classification.
  • Every Custodian - Registration or eligibility advice note should quote the provision family for application, eligibility, certificate, renewal/continuation, fit-and-proper and fee clauses and keep the official SEBI source link beside it.
  • Where a circular or master circular changes implementation, preserve both the regulation text and the circular instruction.

Exam and Advisory Case Studies

Case study: A compliance officer is asked to approve a Custodian action involving corporate-action credit delay. The short answer should not say only that SEBI Custodian of Securities Regulations, 1996 applies. It should classify the party and transaction, locate application, eligibility, certificate, renewal/continuation, fit-and-proper and fee clauses, test the evidence pack against custody agreement, asset register, reconciliation, corporate action file, client report, system audit and exception log, identify the responsible officer and decide whether a filing, investor/client notice, trustee or board approval, or remediation note is needed.

Advisory build-out for Custodian - Registration or eligibility: prepare a one-page control sheet with columns for legal source, clause, fact proved, document reference, owner, due date, exception and closure evidence. Use the 1 January 2019, with later amendments to be checked in the legal listing source link for the current text and keep the SEBI regulations listing in the file for later source-currentness checks.

Q&A

What is the first source to open?

Open the official SEBI source for SEBI Custodian of Securities Regulations, 1996 and then the current SEBI regulations listing before relying on any implementation note.

Is this page a substitute for the bare regulation?

No. It is a practitioner map. The official regulation, schedule, circular and filing system remain the controlling source.

What makes the working paper defensible?

For Custodian - Registration or eligibility, use a clause-to-evidence link covering custody agreement, asset register, reconciliation, corporate action file, client report, system audit and exception log, plus approval, filing and exception records.

When should enforcement risk be considered?

For Custodian - Registration or eligibility, consider enforcement risk as soon as the fact pattern shows asset segregation failure, delayed income distribution, inadequate reconciliation, weak disaster recovery or incomplete client agreement, or when an inspection, investor complaint, SEBI letter or exchange query is received.

Working Checklist

Primary Official Sources

Related Inter / Intra Links