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Sebi plans to give up powers to regulate ponzi schemes

Mumbai: India’s market regulator wants to relinquish powers to regulate collective investment schemes (CIS) which involve illegitimate pooling of public money after failing to successfully close even a single case, although the very presence of a regulator to investigate such schemes has to some extent acted as a deterrent to their launch.

Four years ago, the Securities and Exchange Board of India (Sebi) was empowered to act against Ponzi schemes and other illegal money pooling and deposit-taking activity.

“Sebi has been actively passing orders against illegal money-pooling activities,” said a Sebi official who asked not to be identified. “The market has got the message that Sebi is closely monitoring all illegal CIS activities. So the number of fresh CIS cases reported to Sebi has gone down. But it has been difficult to identify and recover the assets from the owners of such CIS firms.”

There are agencies that are better equipped to do this, added this person—state governments and local police departments, monitored by a “central body” created for this purpose. “So Sebi has sent its recommendations to a parliamentary committee and asked the government to transfer the powers from Sebi. It can assist any central body if created for this purpose.”

Even though Sebi has passed orders against at least 300 illegal money-pooling entities and initiated asset seizure and recovery proceedings against them, not one has filed a winding and repayment report (WRR)—a declaration by a banned CIS entity that it has wound up all money-pooling schemes and repaid all investors. Sebi rules require all banned CIS firms to discontinue their schemes, repay investors within three months and file a WRR.

The number of CIS cases before Sebi has piled up along with the pressure related to regulating CIS, investigating illegal schemes, passing ban orders and initiating recovery proceedings, said the second person, who also spoke on condition of anonymity.

This could well be affecting Sebi’s ability to do its work well, Mint said in a January report citing unnamed people. In 2016.

PACL Ltd., (PACL) had claimed to have raised/mobilisedliability aggregating to
Rs.49000Crore(approx.) from various Collective Investment Schemes (CIS). SEBI vide
Order dated August 22, 2014 held that schemes of PACL are in the nature of CIS and
inter alia directedto return the monies collected with returns which are due to its
ustomersas per terms of the offer within a period of three months.

PACL its promoter/directors appealed to the Hon’ble Securities Appellate Tribunal
(SAT), which dismissed their appeals and upheld the order of SEBI. Being aggrieved of
the order dated August 14, 2015, appeals have been preferred before the Hon’ble
Supreme Court impugning the orders of SAT.

PACL Limited was incorporated on 13th February 1996 with the registrar of companies, Jaipur, under Companies Act 1956 having its Registered Office 22nd, 3rd floor, Amber Tower, Sansar Chand Road, Jaipur - 302 004 and Corporate office at 7th Floor, Gopaldas Bhawan, 28, Barakhamba Road, New Delhi-110001. The PACL is popularly known with its brand name " Pearls" . PACL Limited is India's Premier ISO-9001:2008 & ISO 14001:2004 Real Estate Development Company with Multi-dimensional portfolio ranging from commercial to retail and residential segments. The company is also engaged in sale and purchase of agricultural land and supported with huge land bank.

pacl sebi news in hindi 2017 PACL Comment Reply | PACL Refund Status 2017 | Sebi Order To PACL
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