Sebi moots formal bases for stock brokers to curb market abuse

SEBI
February 8, 2023

requests controller Sebi on Tuesday proposed an institutional medium that will bear stock brokers to put in place systems for discovery and forestallment of request abuse. presently, there are no specific nonsupervisory vittles that cast responsibility on brokers to have a system to help request abuse.

In a discussion paper, Sebi has proposed a nonsupervisory frame which will bear broking enterprises as well as their elderly operation to be responsible for discovery and forestallment of fraud or request abuse, by setting up robust surveillance and control systems. In addition, the controller has suggested that brokers should have applicable escalation and reporting mechanisms.

Sebi has also listed out probable cases of fraud or request abuse which a broker’s system should be equipped to cover. The probable cases can include creation of deceiving appearance of trading, price manipulation, frontal handling, bigwig trading and mis- selling. Unauthorised trading, including facilitation of’ mule’ accounts that act as a front for unauthorised trading, pump and dump, spoofing, disproportionate trading exertion vis- reported income and frequent changes in KYC submitted by guests can also presumably cases.

” Cases of fraud or request abuse distort translucency, hazard request integrity and undermine the confidence of investors in the capital request. Hence, there’s a need for an institutional medium for brokers to ensure that systems are in place for discovery and forestallment of fraud or request abuse,” Sebi said.

The Securities and Exchange Board of India (Sebi) has sought commentary on the proffers till February 23. The watchdog has suggested that CEO, MD, compliance officer, crucial operation labor force and directors of the brokerage house should be responsible to ensure surveillance systems to descry, help fraud or request abuse by its guests, promoters, workers and authorised persons.

SEBI

” They shall be held responsible for non-compliance and negligence in enforcing applicable surveillance and internal control systems,” Sebi noted. Also, the brokerage houses should put in place robust trade surveillance systems and internal control procedures that are compatible with the nature of business and the size of its operations, to descry implicit fraud.

farther, Standard Operating Procedures (bribes) should easily validate trade surveillance programs and procedures, places and liabilities and guidelines on the corrective action to be taken. The board should review and modernize the systems, processes, and control procedures on a regular base, principally once a time, to keep pace with request developments and nonsupervisory changes.

With regard to escalation and reporting mechanisms, the controller proposed that brokers should put in place well- defined processes that descry implicit fraud or suspicious trading conditioning that need to be escalated. The escalation processes should be duly proved and meetly enforced so as to keep independent elderly operation informed of any cases of implicit fraud or suspicious trading conditioning.

still, similar findings should be instantly informed to stock exchanges, If the broker detects suspicious trading conditioning or trading patterns of concern. Also, they should submit a summary analysis and action taken report on cases of suspected fraud or request abuse on a half-monthly base to stock exchanges.

In addition, brokers should come out with a well- proved policy that sets out the vacuity of whoosh blowing channels, processes for raising enterprises about suspected fraudulent, illegal or unethical practices, violations of nonsupervisory or legal conditions and governance sins, among others.