SEBI
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Key Change

Depositories can use up to 5% of IPF investment income for trust salaries, audits, and taxes. Unspent amounts must be ploughed back into the corpus. Principal IPF corpus remains fully untouched.

SEBI Proposes 5% IPF Income Utilisation for Depository Trust Expenses

🕐 8 min read1,063 wordsSEBI Consultation Paper on Review of utilization of interest or income from IPF Corpus of Depositories🟡 Medium Impact· 13 views

📌 Summary

SEBI has issued a consultation paper proposing to allow depositories (CDSL and NSDL) to utilise up to 5% of the interest or income earned from their Investor Protection Fund (IPF) corpus to meet the administrative expenses of the IPF Trust, establishing regulatory parity with Stock Exchanges.

SEBI Consultation on IPF Income Utilization by Depositories — CDSL and NSDL Framework Alignment

The Securities and Exchange Board of India (SEBI) has issued a consultation paper on 11 May 2026 proposing an amendment to the framework governing the Investor Protection Fund (IPF) of depositories. The proposal seeks to allow depositories—National Securities Depository Limited (NSDL) and Central Depository Services (India) Limited (CDSL)—to utilise up to 5% of the interest or income earned from their IPF investments to meet the administrative expenses of the IPF Trust, bringing them at parity with the existing rules for Stock Exchanges.

⏰ Key Dates — Act Now

Paper Issued

11 May 2026

Comment Deadline

01 June 2026

Current Status

Open for Comments

💡 What is this Proposal in One Line?

SEBI proposes to end the requirement that depositories pay IPF Trust administrative expenses out of their own pockets, allowing them to use up to 5% of the IPF's investment income for this purpose instead.

⚠️ Crucial Distinction: 5% of Income, NOT Corpus

To be absolutely clear: SEBI is not proposing to allow depositories to dip into the principal IPF corpus. The 5% limit applies strictly to the interest or yield generated by the corpus's investments during the financial year. The principal amount remains completely untouched and dedicated to investor protection.

For ordinary investors, this proposal mainly affects how depositories internally manage investor protection infrastructure and does not reduce the safety of investor funds.

📈 Section 1 — The Disparity: Why SEBI Is Proposing This

Currently, there is an uneven regulatory framework between Stock Exchanges and Depositories regarding how Investor Protection Funds are managed.

  • For Stock Exchanges: They are already permitted to use a maximum of 5% of the interest or income generated from IPF investments to meet expenses related to dedicated IPF Trust employees, administration of Investor Service Centres (ISCs), taxes, audit fees, and charity commissioner fees.
  • For Depositories: No such provision exists. Currently, 100% of the interest or income from the depository's IPF is treated strictly as the corpus. All administrative and statutory expenses relating to the IPF Trust must be borne by the depositories from their own corporate income.

To understand the financial scale, here is the official IPF corpus held by India's two depositories as of March 31, 2026:

DepositoryTotal IPF Corpus (as of 31 March 2026)
CDSL (Central Depository Services (India) Limited)₹95.18 Crore
NSDL (National Securities Depository Limited)₹87.78 Crore

This proposal was heavily deliberated upon by SEBI’s Secondary Market Advisory Committee (SMAC). After reviewing the disparity in cost structures, the SMAC formally agreed with and endorsed the proposal to extend this 5% allowance to depositories.

In essence, the proposal seeks to create regulatory parity between Stock Exchanges and Depositories by harmonising the treatment of IPF investment income across both market infrastructure institutions.

📂 Section 2 — How the IPF is Currently Utilised

To understand the impact of the 5% carve-out, it is important to know what the Depository IPF currently funds. As highlighted in the consultation paper, the primary purposes of the Depository IPF are strictly regulated to protect and educate the market:

  • Investor Education and Awareness: Funding nationwide programmes to promote financial literacy.
  • Supporting Depository Participants (DPs): Aiding initiatives undertaken by DPs that directly benefit investors.
  • Settling Beneficial Owner Claims: This is arguably its most critical function. The IPF is used to compensate legitimate claims of beneficial owners in the event of losses, specifically when such claims are not adequately covered by the depository's beneficial owner indemnity insurance.
  • SEBI Permitted Uses: Any other specific use explicitly authorised by SEBI for investor protection.

🚀 Section 3 — The Proposed Amendments in Detail

PROPOSAL

Permitted 5% Utilisation of Investment Income

What SEBI and SMAC are proposing:

  • Depositories will be allowed to use a maximum of 5% of the interest or income generated from IPF investments during the financial year.
  • This amount can only be utilised for specific IPF Trust expenses, including:
    • Salaries of dedicated IPF Trust employees
    • Administrative and statutory expenses
    • Applicable taxes
    • Audit fees
    • Charity Commissioner's fees

⚠️ Crucial Conditions Attached

  • Excess Expenses: If the administrative expenses of the IPF Trust exceed the 5% threshold of the investment income, the excess amount must be borne by the depository out of its own corporate pocket.
  • Unspent Funds (Plough-back Rule): If the permitted 5% amount is not fully utilised during a financial year, the unspent portion cannot be carried forward as an expense reserve. It must be ploughed back into the main IPF corpus.

📊 Section 4 — Before vs After: Complete Comparison

ParameterCurrent Framework (Depositories)Proposed Framework
Treatment of IPF Interest / Income100% added back to the IPF corpusUp to 5% can be used for trust administration
Trust Administrative ExpensesBorne entirely by the Depository's own incomeSubsidised by the 5% IPF income carve-out
Expenses Exceeding 5%N/AMust be borne by the Depository
Unutilised Permitted IncomeN/AMust be ploughed back into the corpus at year-end

❓ Section 5 — Frequently Asked Questions

Q1Can the 5% be used for general depository expenses?
No. The 5% carve-out is strictly ring-fenced for the statutory and administrative expenses of the IPF Trust itself. It cannot be co-mingled with the depository's general operational expenses.
Q2How do I submit comments to SEBI regarding this paper?
Public comments can be submitted to SEBI until June 1, 2026. Professionals, investors, and stakeholders are encouraged to submit their feedback through the official SEBI Public Comment Portal.

📝 Bottom Line — What This Means for the Market

Financial Relief for Depositories: CDSL and NSDL will no longer have to subsidise the IPF Trust's audits, taxes, and salaries from their own profit margins, slightly improving their operational efficiency.

Regulatory Parity: This reform simply corrects an anomaly where stock exchanges were granted this 5% buffer, but depositories were excluded.

Zero Risk to Investors: Because the 5% cap applies only to the income generated by the fund—not the principal—and any unspent money is ploughed back, the core protection and compensation mechanisms for beneficial owners remain mathematically secure.

No Change to Investor Claim Rights: The proposal does not alter the eligibility or rights of beneficial owners to seek compensation from the IPF under existing SEBI mechanisms.

Source: SEBI Consultation Paper on Review of Utilization of Interest or Income from IPF Corpus of Depositories (Dated: May 11, 2026). Public comments invited at sebi.gov.in by 1 June 2026.

This article is for informational purposes only and does not constitute legal or financial advice.

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