By its Circular dated July 24, 2020, SEBI has required depositories to implement (within one month of the Circular) a system for capturing and recording all types of encumbrances required to be disclosed under Regulation 28(3) of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (‘Takeover Regulations’), as the current system only provides a framework for pledges, hypothecations and non-disposal undertakings (‘NDUs’). Depositories have been advised to follow processes and other norms similar to those stipulated for NDUs. The Circular further provides that freeze and unfreeze instructions executed by depository participants for recording encumbrances will be subject to 100% concurrent audit and the depository participant will not facilitate or be party to any type of encumbrance outside this system.