Presentation on theme: "Investor Protection and Empowerment ACG Cross Training Seminar May 29, 2012."— Presentation transcript:
Investor Protection and Empowerment ACG Cross Training Seminar May 29, 2012
Disclaimer SEBI, as a matter of policy, disclaims responsibility for any private publication or statement by any of its employees. The views expressed herein are those of the presenter / author and do not necessarily reflect the views of SEBI.
Functions of Securities Market Channelizing savings into financing for real sector. To raise capital for new investment An alternative to bank finance (CM Model – Issuer – investor structure vis-à-vis – saver – borrower model) Means for transferring risk and diversifying risk exposure Efficient Securities Market contributes to economic growth.
Evolution of Indian Capital Markets Long History – stock trading first started in 1830s BSE established in 1875 – oldest exchange in Asia Ahmedabad SE formed in 1894, Calcutta SE formed in 1908, Madras SE in 1920 Bombay Securities Contracts (Control) Act, 1925 Capital Issues (Control) Act, 1947
Legal Framework Companies Act, 1956 Securities Contracts (Regulation) Act, 1956 Securities Contracts (Regulation) Rule, 1957 Establishment of SEBI by Government ordinance in 1988 SEBI Act 1992 – Creation of SEBI as statutory independent & quasi-judicial regulatory body Depositories Act 1996
Established by Government ordinance in 1988 Given statutory status on February 21, 1992 SEBI & it’s mandate “An Act to provide for the establishment of a Board to protect the interests of investors in securities and to promote the development of, and to regulate the securities market and for matters connected therewith or incidental thereto” Preamble to SEBI Act, 1992
7 Regulatory Framework From control of capital to freedom to issue capital Merit to disclosure Giving market greater role in shaping resource allocation Single & Independent Regulator. Regulation of product, market, institution / intermediary Competitive neutrality Regulation & Development Quasi Judicial powers Accountability
Types of Instruments Equity Shares – buy and sale of shares on stock exchange or on spot basis off-market. Transactions either as trader or investor. Debt securities – Govt securities, Corporate Bonds and Debentures Derivatives - are contracts which derive their value from the spot price of a given “underlying”. which can include anything like currencies, commodities, securities, index of the prices of securities, debt instruments, interest rates etc. Futures - legally binding agreement to buy or sell the underlying at a future date Options - gives the buyer/holder of the contract the right (but not the obligation) to buy/sell the underlying at a predetermined price within or at end of a specified period.
Indian Securities Markets Secondary Market DetailsNSEBSE No. of Listed Companies (as on Feb 29, 2012) Market Capitalization (` crore) (as on Feb 29, 2012) 62,33,25063,56,697 Turnover (Cash) (Apr 11 – Feb12) ((` crore) 25,38,4116,04,780 Turnover (F&O) (Apr 11 – Feb 12) (` crore) 2,83,70,5015,79,758 NSE occupies 5 th position in terms of notional turnover (US$ 455 Billion) and 2 rd position in terms of total volume (91.39 million) among derivatives exchanges globally (based on February 2012 trading data). India stands 1 st in Stock Futures, 13 th in Index Futures, 5 th in Stock Options and 4 th in Index Options in World Derivatives Market (in terms of turnover)
Indian Securities Market Market Participants Merchant Bankers200 Stock Exchanges21 Brokers10263 Sub Brokers77626 Mutual Funds49 Foreign Institutional Investors1781 Venture Capital Funds208 Depositories2 Depository Participants850 Portfolio Managers249 As on Feb 29, 2012
Mandate of SEBI To protect interests of investors To regulate securities market To promote development of securities market
Regulatory process Pro active as well as reactive approach Extensive consultation with market participants & other regulators Clarification of policies through Informal Guidance Scheme Posting of all rules, regulations, circulars and data on the SEBI web site Dissemination of orders passed by SEBI, Securities Appellate Tribunal and the Supreme Court, through the SEBI web-site
Regulation of Intermediaries Licensing standard Certification of associated person Prudential regulation Internal controls and risk management Business conduct Rules Market conduct Rules Procedure for dealing with failure of market intermediary
15 Regulation of Market Efficiency and credibility of the markets Integrity of trading. Transparency of trading Proper management of large exposure, default risk and market disruption. Risk Management Clearing and settlement – fair, effective and efficient. To detect and deter manipulation and unfair trade practices.
Regulatory Norms To ensure that investors get clear, accurate information for their investment in financial products (information asymmetry) Safeguarding & Maintenance of functioning of competitive framework. Protect investors from hidden fees, abusive terms & deceptive practices.
Regulatory Norms Financial Literacy Suitability and appropriateness Investors responsible for risks & rewards Prevention of potential systemic risks.
Regulatory Norms Effective Surveillance to ensure: transparency, fairness and integrity in the markets transparency, fairness and integrity in the markets true and fair price discovery true and fair price discovery prompt detection of market manipulation and other market abuses prompt detection of market manipulation and other market abuses Prompt investigation and timely action Suitable policy intervention
Regulatory Norms Monitoring / Surveillance Monitoring / Surveillance Price volume movements Position / exposure / concentration monitoring Corporate developments Filings under Insider Trading & Takeover Regulations Rumour Verification Stock Watch System Stock Watch System Online monitoring through alerts Offline monitoring through day-end and periodic reports
Regulatory Norms Continuous Disclosure of all material news Corporate Governance Accounts - Salient feature of B/S, P&L - Quarterly Interim Financial Reports - Consolidated Financial Statements, Cash flow Statement, Related party transaction Minimum level of shareholding Disclosure of shareholding / ownership Utilization of Issue proceeds Responding to market rumours Disclosure of Bulk / Block deals
Regulatory Norms Accounting Standards close to International Standards. Corporate Governance Guidelines made mandatory for listed companies Issue of Capital and Disclosure Requirements (ICDR) Regulations, replaced the previous Disclosure and Investor Protection (DIP) guidelines. Automated Screen based Trading from 1994 Moved from physical securities to dematerialisation in % securities traded in demat form
Regulatory Norms Account period settlement to Rolling settlements in 2000 Introduction of derivatives trading in 2000 – now we have the largest single stock futures market in the world Adequate risk containment measures in place - Real time VaR based margining and strict exposure monitoring mechanism Efficient clearing and settlement mechanism Circuit filter for individual scrips and market wide index based circuit breaker Enhanced Surveillance Standards - Integrated Market Surveillance System (IMSS)
International Scenario Protection at Trading Member Level Bankruptcy of a Major Global Financial Broker MF Global Moving towards Client Level Protection
Indian Risk Management Scenario Order has to be entered in specific client code which is mapped to unique identification (Permanent Account Number – PAN) Margins- upfront client level portfolio based initial margins and mark to market collected before start of next days trading Volatility parameters revised multiple times a day Online and real time monitoring of positions and margins. Minimum Liquid Networth to be maintained at any point of time Automatic deactivation of trading terminals Client level details & segregation at CC level being considered
Regulatory Measures Protection incase of Public Issue of Securities Issue of Capital and Disclosure Requirements (ICDR) Regulations - Eligibility Norms for Issuer - Pricing Norms - Disclosure Requirements (IPO/FPO)
Regulatory Measures Protecting Investors Funds and Securities Client’s money in a separate account Client’s money in a separate account Restriction on use of funds from client’s account Restriction on use of funds from client’s account Restriction on use of constituent beneficiary account Restriction on use of constituent beneficiary account Provide statement of accounts for funds and securities to all the clients Provide statement of accounts for funds and securities to all the clients Periodic reconciliation and settling of running accounts Periodic reconciliation and settling of running accounts Penalty for violation of norms Penalty for violation of norms
Regulatory Measures Protecting Investors Interest Disclosure of Proprietary trading / funding Disclosure of Proprietary trading / funding Maintenance of separate codes for each client and proprietary trades Maintenance of separate codes for each client and proprietary trades Timely issue of Contract Notes by brokers – exchange also sends to select clients on random basis Timely issue of Contract Notes by brokers – exchange also sends to select clients on random basis Facility of sms alerts Facility of sms alerts Trade Verification facility on exchange website Trade Verification facility on exchange website Facility to freeze demat account Facility to freeze demat account
Regulatory Measures Administrative mechanism of Capital Cushions Protection in case of a Default- Settlement Guarantee Fund Settlement Guarantee Fund Investor Protection Fund Investor Protection Fund Investor Complaint Resolution through Conciliation and Arbitration Mechanisms
Regulatory Measures Processing of Investor Complaints in SEBI Complaints Redress System (SCORES) Centralized database of all complaints. Centralized database of all complaints. Online movement of complaints to the concerned intermediaries Online movement of complaints to the concerned intermediaries Online upload of Action Taken Reports (ATRs) by the concerned entities Online upload of Action Taken Reports (ATRs) by the concerned entities Online viewing by investors of action on the complaints and its current status. Online viewing by investors of action on the complaints and its current status.
Regulatory Measures Investor Protection and Education Fund created for the following purpose- Educational activities including seminars, training, research and publications. Educational activities including seminars, training, research and publications. Awareness programmes Awareness programmes Aiding investors’ associations recognized by the Board to undertake legal proceedings Aiding investors’ associations recognized by the Board to undertake legal proceedings Investor Education and Awareness Programs Toll free help line
Present Status India continues to be high growth economy in a world beset with recession Large domestic market and strong internal demand Securities market infrastructure and practices among the best in the world High global interest in investing in India
ROAD AHEAD Needs to be addressed Financial literacy Financial literacy Financial inclusion Financial inclusion Reaching out to the retail investor Reaching out to the retail investor Broadening and deepening the markets Broadening and deepening the markets Better quality of intermediation Better quality of intermediation