NEW DELHI, Nov 19: The Securities and Exchange Board of India (SEBI) will regulate plantation companies issuing agro bonds and plantation bonds, it was officially announced today. The government has decided to regulate these schemes as `collective investment schemes’ coming under the provisions of Section 11(2)C of the SEBI Act.
SEBI would formulate regulations to monitor such collective investment schemes both from the aspects of investors’ protection and allowing legitimate investment activities to take place, an official statement said.Section 11(2)C of the SEBI Act, empowers the regulatory body to monitor the working of venture capital funds and other collective investment schemes, including mutual funds.
The need to regulate plantation companies arose as these companies did not come under the ambit of either the SEBI, Department of Company Affairs (DCA) or Reserve Bank of India (RBI).
The government has been concerned about the booming of plantation companies, which were offering high rates of interest not consistent with normal returns in such activities.
At present there are some 3,600 odd plantation companies registered with the DCA, with the maximum concentration in Delhi and Mumbai.
The government has felt it necessary to put in place an appropriate regulatory framework to ensure that the investors make investment decisions with full knowledge of the risks involved, the statement said.
It said SEBI would formulate draft regulations, which would be made available for public discussion. The investors who have invested in such schemes as well as entities running such schemes will be requested to give comments on pertinent matters to SEBI so that the market watchdog can formulate appropriate regulations.
Plantation companies issue agro bonds and other deposit schemes at high rates of interest and promise to produce and market plantation products like teak wood.
The units issued by these companies are not classified as securities under the Securities Contract (Regulation) Act, 1956, or as deposits under the companies act (amended), 1974 and so, were not monitored by any regulatory authority.