and Management Introduction and meaning • To the setting up of SEBI, stock exchanges were being supervised by Ministry of Finance under the Securities Contracts Regulation Act (SCRA) and were operating more or less self- regulatory organisations.
• SEBI was set up to ensure that stock exchanges
perform their self-regulatory role properly.
Guru Nanak Khalsa Institue of Technology
and Management • To encourage the foreign institutional investors (FIIs) to invest in India, SEBI has issued a different set of guidelines for foreign brokers with regard to registration with SEBI, transactions, market operations, reporting system and their inspection by SEBI • A transaction on a stock exchange must be made between two members of the exchange. As ordinary person can’t walk into the stock exchange and ask to trade stock. Such an exchange must be done through a broker.
Guru Nanak Khalsa Institue of Technology
and Management • A stock broker is a regulated professional broker who buys and sell shares and other securities through market makers or firms on behalf of investors. A broker may be employed by a brokerage firm. Stock broking firms provides a complete range of trading services and personalised investment advice to their clients.
Guru Nanak Khalsa Institue of Technology
and Management Stockbroking services include:
• Trade Execution: which means that the broker will
only carry out the client’s instructions to buy or sell. • Advisory Dealing: where the broker advises the client on which shares to buy and sell, but leaves the final decision to the investors. • Portfolio Construction: where the stockbrokers ascertains the client’s investment objectives and then makes all dealing decisions on the client’s behalf. Guru Nanak Khalsa Institue of Technology and Management Role of STOCK BROKER • Stock broker reforms the role of an investment advisor and financial advisor. • Stockbrokers exclusively trade on their own behalf, as a principal, speculating that a share or other financial instrument will increase or decline in price.
Guru Nanak Khalsa Institue of Technology
and Management Functions • A stockbroker invests in the stock market for individuals or corporations. Only members of the stock exchange can conduct transactions, so where individuals or corporations want to buy or sell stocks they must go through a brokerage house. • Stockbrokers often advise and counsel their clients on appropriate investments.
Guru Nanak Khalsa Institue of Technology
and Management • The broker sends the order out to the floor of the securities exchange by computer or by phone. When the transaction has been made , the broker supplies the clients with a price.
• Stockbrokers spend their time in a fast- paced
office, usually working from nine to five, unless they are just starting out or have to meet with clients. Guru Nanak Khalsa Institue of Technology and Management Brokers to an ISSUE • Brokers are the person who procure subscriptions to issue from prospective investors spread over larger area. A company can appoint as many number of brokers as it wants.
• Members are prohibited from acting as managers or
brokers to issue by SEBO regulations unless the stock exchange of which they are members give its approval and company complies with the listing requirements and undertakes to have its securities listed on a recognized stock exchange. Guru Nanak Khalsa Institue of Technology and Management Particulars of the performance of brokers lie with the leading merchant bankers who act as managers to the issue. Obtaining Consent: The company consults the stock exchanges and writes to all active brokers of all exchanges and obtains their consent to act as brokers to the issue. Filing with ROV: A copy of the consent letter should be filed with the Registrar of companies along with a copy of the prospectuse stating the names and addresses of the brokers to the issue. Guru Nanak Khalsa Institue of Technology and Management • Brokerage Rate: Brokerage rate applicable to all types of public issues of industrial securities is fixed at 1.5% whether the issue is underwritten or not.
• Mailing Cost and Other Expenses: The mailing cost and
other out of pocket expenses for convassing of public issues have to be borne by the stock brokers. The company will not make any payment to the brokers on this account. A clause to this effect must be included in the agreement to by entered into between the broker and the company.
Guru Nanak Khalsa Institue of Technology
and Management • Private Placement: The listed companies are allowed to pay brokerage on private placement of capital at the maximum rate of 0.5%. • No Brokerage in certain Cases: Brokerage will not be allowed in respect of promoter’ quota including the amounts taken up by the directors, their friends and the employees; and in respect of the rights issues taken up or renounced by the existing sharholders. Guru Nanak Khalsa Institue of Technology and Management SEBI ( Stock Brokers and Sub-Brokers) Regulations,1992
• The Regulations define the stock broker as a
member of a registered stock exchange, and a sub- broker as an agent of the stock broker or a person who assists the investors to deal with the stock broker
Guru Nanak Khalsa Institue of Technology
and Management Registration • Registration with SEBI is mandatory for both stock broker and sub brokers under the regulation. • Registration is for a period of 3 years and one of the conditions for renewal is redressal of investors complaints by the broker and sub- brokers, within a month’s time.
Guru Nanak Khalsa Institue of Technology
and Management • A sub- broker is required to submit along with the application for registration, a letter of recommendation from a stock broker of a recognized stock exchange, and two references one of which should be from his banker.
Guru Nanak Khalsa Institue of Technology
and Management Maintain books of accounts • Stock brokers are required to maintain books of account and documents as stipulated by SEBI, which include records of transactions, contract books , duplicates of contract notes issued, margin deposit books and the agreements with sub-broker specifying their authority and responsibility. Books and records are required to be preserved for a minimum period of 5 years. Guru Nanak Khalsa Institue of Technology and Management Suspend or Cancel Registration
• SEBI has the power to suspend or cancel
registration and impose penalties to a broker, if he is • (i) found to be indulging in manipulations and rigging of prices; • (ii) violates any of the provisions of the SCRA and the Regulations.