Securities And Exchange Board Of India (Intermediaries) (Amendment) Regulations, 2025

[06th February 2025]

PREAMBLE

In exercise of the powers conferred by section 30 of the Securities and Exchange Board of India Act, 1992 (15 of 1992) the Board hereby makes the following regulations to further amend the Securities and Exchange Board of India (Intermediaries) Regulations, 2008, namely: -

Regulation 1.

These regulations may be called the Securities and Exchange Board of India (Intermediaries) (Amendment) Regulations, 2025.

Regulation 2.

They shall come into force on the date of their publication in the Official Gazette.

Regulation 3.

In the Securities and Exchange Board of India (Intermediaries) Regulations, 2008, after Chapter IIIA and before Chapter IV, the following Chapter shall be inserted, namely, -

"CHAPTER IIIB

USAGE OF ARTIFICIAL INTELLIGENCE

16C. Responsibility for the use of artificial intelligence.

(1)     Any person regulated by the Board who uses artificial intelligence and machine learning tools and techniques, either designed by it or procured from third-party technology service providers, irrespective of the scale and scenario of adoption of such tools for conducting its business and servicing its investors, shall be solely responsible -

(a)      for the privacy, security and integrity of investors and stakeholders data including data maintained by it in a fiduciary capacity throughout the processes involved;

(b)      for the output arising from the usage of such tools and techniques it relies upon or deals with; and

(c)      for the compliance with applicable laws in force.

(2)     The Board may, in case of violation of the provisions of sub-regulation (1), take such action as it may deem fit including action under Chapter V of these regulations.

Explanation: For the purpose of this regulation, -

(a)      the expression "artificial intelligence and machine learning tools and techniques" may include any application or software program or executable system or a combination thereof, offered by the person regulated by the Board to investors/stakeholders or used internally by it to facilitate investing and trading or to disseminate investment strategies and advice or to carry out its activities including compliance requirements and the same are portrayed as part of the products offered to the public or under usage for compliance or management or other business purposes;

(b)      the expression "person regulated by the Board" shall have the same meaning as provided under Explanation 1 to regulation 16A."