1st December, 2009
NOTICE
Sub:
Market Access through Authorised Persons
Trading Members are hereby informed that the Exchange has
received a SEBI Circular Ref. No. MIRSD/DR-1/Cir-16/09, dated 6th November,
2009 on the subject cited above. The contents of the said Circular are given
hereunder for information of the trading members.
Quote
Deputy General Manager November 06, 2009
Market Intermediaries
Regulation
And Supervision Department
MIRSD/ DR-1/ Cir- 16 /09
The Managing Directors / Chief
Executive Officers /
Executive Directors /
Officiating Executive Directors
of all the Recognised Stock
Exchanges
Dear Sir/ Madam,
Sub: Market Access through
Authorised Persons
1. Pursuant
to the recommendations made by the Secondary Market Advisory Committee of SEBI
and discussions with major stock exchanges and with a view to expand the reach
of the markets for exchange traded products, it has been decided to allow SEBI
registered stock brokers (including trading members) of stock exchanges to provide access to clients through authorized
persons. The framework governing the market access through authorized persons
is enclosed at Annexure-1.This framework provides the minimum requirements
and the stock exchanges and stock brokers may prescribe additional
requirements, as they may deem appropriate, in the interest of investors and market.
2. The stock exchanges are advised to make
necessary amendments to the bye-laws, rules and regulations to implement the
framework for market access through authorized persons.
3. This circular is issued in exercise of powers
conferred under Section 11 (1) of the Securities and Exchange Board of India
Act, 1992, to protect the interests of investors
in securities and to promote the development of, and to regulate the securities
market.
Yours faithfully,
B. N. Sahoo
Encl: a.a.
Annexure-1
1. Who is an “Authorised
Person”?
Any person - individual, partnership firm, LLP or
body corporate – who is appointed as such by a stock broker (including trading
member) and who provides access to trading platform of a stock exchange as an
agent of the stock broker.
2. Appointment of Authorised
Person
A stock broker may appoint one or more authorised
person(s) after obtaining specific prior approval from the stock exchange
concerned for each such person. The pproval as well as the appointment shall be
for specific segment of the exchange.
3. Procedure for Appointment
a) Stock broker shall select a person in compliance
with the criteria laid down by the Exchange and this framework for appointment
as an authorized person and forward the application of the person to stock
exchange for approval.
b) On receipt of the aforesaid application, the
stock exchange
i. may accord approval on satisfying itself that
the person is eligible for appointment as authorized person, or
ii. may refuse approval on satisfying itself that
the person is not eligible for appointment
as authorized person.
4. Eligibility Criteria
4.1 An individual is eligible to be appointed as
authorised person if he:
a) is a citizen of India;
b) is not less than 18 years of age;
c) has not been convicted of any offence involving
fraud or dishonesty;
d) has good reputation and character;
e) has passed at least 10th standard or equivalent
examination from an institution recognized by the Government; and
f) has the certification, as applicable to approved
user / sales personnel of the respective segment, and undertakes to continue to
have valid certification thereafter.
(Stock Exchange shall prescribe appropriate
certification if no such certification is prescribed under SEBI Regulations and
monitor compliance.)
4.2 A partnership firm, LLP or a body corporate is
eligible to be appointed as authorized person
a) if all the partners or directors, as the case may be, comply with the requirements
contained in clause 4.1 above.
b) the object clause of the partnership deed or of the Memorandum of Association
contains a clause permitting the person to deal in securities business.
4.3 The person shall have the necessary
infrastructure like adequate office space, equipment and manpower to
effectively discharge the activities on behalf of the stock broker.
5. Conditions of Appointment
The following are the conditions of appointment of
an authorised person:
a) The stock broker shall be responsible for all
acts of omission and commission of the authorized person.
b) All acts of omission and commission of the
authorized person shall be deemed to be those of the stock broker.
c) The authorized person shall not receive or pay
any money or securities in its own name or account. All receipts and payments
of securities and funds shall be in the name or account of stock broker.
d) The authorised person shall receive his
remuneration - fees, charges, commission, salary, etc. - for his services only
from the stock broker and he shall not charge any amount from the clients.
e) A person shall not be appointed as authorized
person by more than one stock broker on the same stock exchange.
f) A partner or director of an authorised person
shall not be appointed as an authorised person on the same stock exchange.
g) The stock broker and authorised person shall
enter into written agreement(s) in the form(s) specified by Exchange. The
agreement shall inter-alia cover scope of the activities, responsibilities,
confidentiality of information, commission sharing, termination clause, etc.
6. Withdrawal of Approval
Approval given to an authorised person may be
withdrawn by the stock exchange:
a) on receipt of a request to that effect from the
stock broker concerned or the authorised person, subject to compliance with the
requirements prescribed by the stock exchange, or
b) on being satisfied that the continuation of
authorised person is detrimental to the interest of investors or securities
market or the authorised person at a subsequent date becomes ineligible under
clause 4 above.
7. Obligations of Stock Broker
a) The stock broker shall be responsible for all acts of omission and commission
of his authorised person(s) and/or their employees, including liabilities arising
there from.
b) If any trading terminal is provided by the stock broker to an authorized
person, the place where such trading terminal is located shall be treated as
branch office of the stock broker.
c) Stock broker shall display at each branch office additional information such
as particulars of authorised person in charge of that branch, time lines for
dealing through authorised person, etc., as may be specified by the stock
exchange.
d) Stock broker shall notify changes, if any, in the authorised person to
all registered clients of that branch at least thirty days before the change.
e) Stock broker shall conduct periodic inspection of branches assigned to authorised
persons and records of the operations carried out by them.
f) The client shall be registered with stock broker only. The funds and securities
of the clients shall be settled directly between stock broker and client and
all ocuments like contract note, statement of funds and securities would be
issued to client by stock broker. Authorised person may provide administrative
assistance in procurement of documents and settlement, but shall not issue any
document to client in its own name. No fund/securities of clients shall go to
account of authorized person.
g) On noticing irregularities, if any, in the operations of authorised
person, stock broker shall seek withdrawal of approval, withhold all moneys due
to authorised person till resolution of investor problems, alert investors in the
location where authorised person operates, file a complaint with the police,
and take all measures required to protect the interest of investors and market.
8. Obligations of Exchange
a) The stock exchange shall maintain a database of all the authorized persons
which shall include the following:
I. PAN Number of authorised person and in case of
partnership or body corporate, PAN Number of all the partners or directors as
the case may be.
II. Details of the broker with whom the authorised
person is registered.
III. Locations of branch assigned to authorised
person(s).
IV. Number of terminals and their details, given to
each authorised person.
V. Withdrawal of approval of authorised person.
VI. Change in status or constitution of authorised
person.
VII. Disciplinary action taken by the Exchange
against the authorized person.
All the above details, except I above, shall be
made available on web site of
the stock exchange.
b) While conducting the inspection of the stock broker, the stock exchange shall
also conduct inspection of branches where the terminals of authorised persons
are located and records of the operations carried out by them.
c) Dispute between a client and an authorised person shall be treated as
dispute between the client and the stock broker and
the same shall be
redressed by the stock exchange accordingly.
d) In case of withdrawal of approval of authorised person due to disciplinary
action, the stock exchange shall issue a press release and disseminate the
names of such authorised persons on its website citing the reason for
cancellation.
Unquote:
Members are requested to take note of the above guidelines
of SEBI and act accordingly.
DGM (Surveillance)