By Gaurav Sareen (049) Need for the Measures • In India, SEBI is the principal regulatory authority for all secondary and primary market related activity • It take special care to protect interest of investors as this class is most widely dispersed, and generally more vulnerable to being taken for a ride • Additionally it is the investor class that infuses the capital into the market and hence bears higher risks than other participants PROTECTION MEASURES ON BSE • Trade Guarantee Fund • Surveillance • Z Group • Investors' or Customers Protection Fund (IPF) • Redressal of Investor Grievances Trade Guarantee Fund • BSE has formulated a scheme to guarantee settlement of transactions of members, which form part of the settlement system. For this, BSE has constituted a Trade Guarantee Fund with the following objectives: • To guarantee settlement of transactions of members of the exchange inter-se which form part of the stock exchange settlement system, so as to ensure timely completion of settlements of contracts and thereby protect the interest of investors and members of the exchange to inculcate confidence in the mind of secondary market participants Surveillance • BSE has set up a separate Surveillance Department to keep a close watch on price movement of securities, detect market manipulations like price rigging, etc., monitor abnormal prices and volumes which are not consistent with normal trading pattern and monitor the member-brokers' position to ensure that defaults do not occur. • It not only monitors the exposure of the members on a daily basis but also scrutinizes the prices and volumes of the securities on a daily basis. • The large variation in the prices as well as the volumes of the securities is scrutinized and appropriate actions are taken. • The securities, which reach new high or new low and companies, which have high turnover, are watched. • Also the prices and volumes in the newly listed securities are monitored. In case certain abnormalities are noticed, then circuit filters are reduced to make it difficult for the price manipulators to increase or push down the prices of security within a short period of time. • The Exchange imposes special margin in the securities where it is suspected that there is an attempt to ramp up the prices by creating artificial volumes. • In cases where the abnormal movements continue despite the aforesaid measures, trading in the security is suspended. Detailed investigations are conducted in cases where price manipulation is suspected and disciplinary action is taken against the members concerned, if warranted. • Where any security has been suspended for more than three days after obtaining necessary permission from SEBI, a detailed investigation report is prepared and sent to SEBI for further investigation/action, if any. Z Group • To protect investors from fraudulent companies listed on BSE has created a new group of securities known as ‘Z’ group category. The 'Z' group was introduced in the month of July 1999 and covers the list of companies, which fail to comply with listing requirements and also fail to resolve investor complaints Investors' or Customers Protection Fund (IPF) • In accordance with the guidelines issued by the Ministry of Finance, Government of India, BSE has set up an Investor Protection Fund (IPF) to meet the claims of investors against defaulter members. Further, as per the recent SEBI decision, auction proceeds in certain cases, where price manipulation / rigging was involved, have been impounded and transferred to the Investor Protection Fund Redressal of Investor Grievances • The grievances of investors against listed companies or members are redressed by the Exchange. The Exchange also assists in arbitration process both between members & investors and member’s inter-se. o Investors’ Grievances against Companies o Investors’ Grievances against Member- brokers of the Exchange Investors’ Grievances against Companies
o BSE forwards the investors’ complaints against the
companies to the concerned companies and a copy of the letter sent to the company is also forwarded to the complainant. He is advised to intimate the Exchange if his complaint is not resolved within 45 days. o If a company fails to redress the complaint within 45 days, a reminder is sent. o If a company still fails to respond to a large number of complaints pending against it, then a consolidated list of complaints is sent to it to resolve the same within 30 days. o In spite of the above efforts, if the complaints are not resolved, the company officials are asked to appear before the Investors’ Grievance Redressal Committee (IGRC) appointed by the Governing Board of the Exchange to resolve all the investors grievances. This Committee consists of five members including a retired judge of Mumbai High Court. The company officials are impressed by the committee members to resolve all the pending grievances immediately. o Inspite of these efforts, if the complaints are not resolved then a show cause notice is issued by the Exchange and then the matter is placed before the Governing Board of the Exchange for necessary action against the company. Investors’ Grievances against Member-brokers of the Exchange
• BSE handles complaints of investors against members and vice-versa.
It forwards the complaints of investors to the concerned members to settle within 7 days from the receipt of the letter. • In case no reply is received from a member, a reminder is sent and the member is informed that if he does not reply/resolve the complaint immediately, a fine of Rs.500/- is levied on him. He is also directed to settle the matter expeditiously. • In order to resolve the complaints expeditiously the matter is placed before the IGRC wherein both the investors and members present their case. After hearing both the parties, the Committee gives a decision, which is binding on both the parties. • In case a member fails to implement the decision of the IGRC, then the matter is referred to the Executive Director for taking disciplinary action against the member which includes referring the matter to the Disciplinary Action Committee PROTECTION MEASURES ON NSE • Settlement Guarantee Fund • Investor Grievances Cell • Arbitration • Circuit Breaker Settlement Guarantee Fund • In order to guarantee settlement, it has set up a Settlement Guarantee Fund contributed by the clearing members of the Corporation. • As counter-party to settlement obligations, NSE guarantees financial settlement. As a result, though there have been a few defaults by member firms, the Clearing Corporation has stepped in to complete settlement and avoided market disruption. Short deliveries and un-rectified bad deliveries are automatically auctioned by NSCCL so that settlement is completed within a well-defined time frame. Investor Grievances Cell • The Investor Grievances Cell (IGC) attends to various problems faced by investors in dealing with the two integral parts of the Capital Markets, Trading Members and Companies whose securities are traded on the Exchange. • The investors can report their complaints/ grievances to the IGC through e-mails or through Complaint forms. • All valid complaints are assigned a unique complaint no. and are entered into a database for easy follow up and necessary action. Most complaints are resolved within a period of 45 days. • On exhausting all means, if the matter remains unresolved, it is referred to Arbitration. Arbitration • Arbitration is an alternative dispute resolution mechanism provided by the NSE for resolving disputes between the trading members and between trading members & constituents (i.e. clients of trading members), in respect of trades done on the Exchange. • This process of resolving a dispute is comparatively faster than other means of redressal. • The facility of arbitration on the Exchange can be availed by: The comprehensive approach to risk management taken by BSE and NSE encompassing the quality of clearing/trading members, tight monitoring mechanism, strict margining, efficient settlement systems have made the Secondary market in India comparable to world market across the globe. Circuit Breaker • Circuit breaker is very important tool to reduce the high volatility in the market. • Circuit breakers were first introduced in 1987 in the US in the wake of sharp decline in the share prices. • In India, It was introduced for the first time on Bombay Stock Exchange on Tuesday, 9 March 1993 when the SENSEX declined by more than 5% from the opening level. • Importance of circuit breaker comes into existence once again on 18th may, 2009 after the victory of UPA government, when market reacted sharply on the event. To control this severe condition regulatory authority SEBI came into existence and applied circuit breakers on the Indian bourses. • The Exchange implements circuit a quarterly basis the index based market wide circuit breaker system. The system is applicable at three stages of the index movement either way at 10%, 15% and 20%. This circuit breaker brings about a coordinated trading halt in all equity and equity derivative markets nationwide. The market wide circuit breakers would be triggered by movement of either SENSEX or the NSE S&P CNX Nifty whichever is breached earlier Movement Break in Trading 10% Before 1:00 PM- 1 Hr After 1:00 but before 2:30 PM-½ Hr After 2:30-No trading halt 15% Before 1:00 PM-2 Hr After 1:00 but before 2:00 PM-1 Hr After 2:00-Trading will be halted for the remainder of the day 20% Trading will be halted for the remainder of the day THANK YOU