Wednesday 7 September 2016

The Market Regulator - SEBI

In the NSEL crisis which came into light in 2013 there is latest development in terms of fraudulent behavior of Brokers. SEBI completed investigation against top 5 brokerage firms involved. According to Sebi official the delays by brokers occurred when Sebi was not their regulator. At the time when violations took place in NSEL contracts the Sebi or FMC were never under the ambit in the first place. 
It is stated that from a regulatory perspective if Sebi would have faced jurisdiction issues if it would have tried to act against the 24 NSEL Defaulters and Brokerage firms involved. In the NSEL crisis, since FMC itself had no regulatory jurisdiction over the commodity spot and ready-delivery contracts. Hence, Sebi may not assume jurisdiction which was originally never there mentioned by Tejesh Chitlangi, partner at law firm IC Legal. 
As the merger of FMC and Sebi took place brokers are abided by the Securities Act and have come under the purview of the Sebi broker regulations. In the current rules applied for brokers, Sebi evaluates brokers and intermediaries to make sure they meet its ‘fit and proper’ criteria. 
Sebi also has the rights to impose rules on brokers unlike FMC, where brokers were governed by exchange guidelines. The regulator can act against an intermediary for violation of FUTP and under Section 11B for protecting the rights of investors if it finds the conduct of a broker questionable. 
One of the official mentioned that code for brokers will be strict and very precise for do’s and don’ts. There will be eye on the broker who carry out misrepresentation, lack of due diligence, material un-disclosed conflicts and/or any other shortcomings on part of such brokers. Sebi would be well within its right to penalize them  in case of any faulty practices. Sebi, on its part, is going to refer the report to the department of economic affairs. They would apprise the ministry of their findings with respect to the NSEL brokers as they move towards finalizing a course of action.
Trading was stopped on NSEL in July 2013 after the payments crisis, which assumed the dimensions of a scam, surfaced at the supplies bourse, which is 99.99% owned by Financial Technologies India Ltd


No comments:

Post a Comment