Applicability and classification
Identify the persons, entity, transaction, instrument or proceeding to which section 15JB applies. Do not rely on internal labels where the Act or a linked instrument uses a different test.
Indian Laws › Securities and Exchange Board of India Act, 1992 › Section 15JB
Section 15JB: Settlement of administrative and civil proceedings
Section 15JB of Securities and Exchange Board of India Act, 1992: paragraph-wise source map, Finin2min interpretation, implementation controls, example and practical Q&A.
Paragraph-wise controlsSubordinate-law bridgeExamples + Q&A
Dedicated Finin2min Summary — Section in 2 Minutes
- This provision governs a transaction, instrument or payment event. Legal effect must be mapped to authority, form, value, timing, delivery, acceptance, stamping, registration and evidence.
- Section 15JB must be read with its current amendments and the subordinate instruments linked to Securities and Exchange Board of India Act, 1992.
- The operating decision is not complete until applicability, authority, event date, evidence, deadline, remedy and cross-law overlays are documented.
Current statutory text / controlled source map
Exact-text gate: This conversion page does not reproduce unverified statutory wording. Read the signed/current official text, amendments, provisos, explanations, schedules and commencement instruments before reliance.
Official gateway: Open primary source
Source status: Official India Code / authority source controls; local exact text not certified in this patch · Title available in retained/official index
Paragraph-wise provision map and Finin2min interpretation
Operative trigger
Record the event, decision, threshold, default, filing, transaction or conduct that activates the provision on the relevant date.
Actor and authority
Separate the duty-holder, decision-maker, regulator, tribunal, court, authorised signatory and evidence owner. Confirm delegation and jurisdiction.
Subordinate-law bridge
Check every Rule, Regulation, notification, circular, direction, form and authority instruction enabled by or connected with this provision.
Evidence and consequence
Preserve source text, facts, approvals, computations, filings, service and outcome. Map non-compliance to cure, remedy, penalty, appeal and limitation.
Closing control
Block execution, release of funds/securities/property or regulated activity until legal, authority, filing, stamp/registration and evidence gates are satisfied.
Practical example and implementation
Illustrative fact pattern.
Parties agree commercial terms by email and later sign an instrument. The reviewer reconciles the final terms, authority, consideration, statutory form, stamp/registration position and payment trail before completion.
Section-specific action: apply the exact wording of section 15JB, document each statutory element and link the conclusion to the current instrument/source pack.
Authority, consent and execution controls
- Confirm legal identity, capacity, beneficial ownership and regulated status.
- Confirm board, partner, trustee, office-holder, attorney or delegated authority.
- Preserve the final approved version, incorporated schedules, signatures and timestamps.
- Separate legal approval, business approval, regulator approval and portal acceptance.
Evidence and document-retention checklist
- Official Act text, amendment and commencement snapshot used.
- Linked Rule, Regulation, notification, circular, direction and prescribed form.
- Facts, chronology, classification memo and legal authority.
- Approvals, calculations, filing/service acknowledgements and correspondence.
- Exception, breach, remediation, appeal and closure evidence.
Performance, payment, loss and remedy framework
Performance/payment
Reconcile milestones, due dates, acceptance, consideration, tax, withholding, interest, security and accounting evidence where relevant.
Breach/loss
Separate statutory breach, causation, quantification, mitigation, penalty, restitution, compensation and professional exposure.
Forum/limitation
Confirm the competent authority, tribunal or court and calculate every filing, appeal, review and enforcement date from the controlling event.
Company, LLP, partnership, GST, tax, IBC, FEMA and data overlays
Test entity authority, related-party and disclosure rules; GST supply/invoice/credit-note treatment; income-tax/TDS and accounting treatment; insolvency moratorium/claims; FEMA for cross-border elements; stamp/registration; and data/privacy controls. Apply only overlays relevant to the facts.
Practical Q&A
What is the first practical test under section 15JB of Securities and Exchange Board of India Act, 1992?
Classify the facts and confirm that section 15JB is the operative provision on the relevant date. Then identify the responsible actor, authority, linked instrument and required evidence.
Can a portal filing or internal approval by itself prove compliance with section 15JB?
No. It is evidence of one step only. The underlying statutory classification, authority, computation, disclosure, timing and retained records must also be correct.
Which subordinate materials should be checked for section 15JB?
Check the enabling Rules or Regulations, commencement and amendment notifications, current circulars or directions, prescribed forms, authority guidance and any State or sector overlay relevant to Securities and Exchange Board of India Act, 1992.
What should be retained in the section 15JB working paper?
The official text snapshot, amendment/effective-date note, facts, authority, calculations, approvals, filings, service proof, correspondence, exceptions, decision and review sign-off.
Section-specific decision flow
Facts and event date → statutory classification → exact text and subordinate instruments → authority and evidence → computation/workflow → exception or breach → remedy/forum → review and retention.