Securities and Exchange Board of India (SEBI) has issued Circular No. SEBI/HO/MIRSD/MIRSD-PoD1/P/CIR/2024/75 dated June 05, 2024, addressed to all recognized Stock Exchanges, Clearing Corporations, and Depositories. The circular mandates the direct payout of securities to client demat accounts to enhance operational efficiency and risk reduction. This decision follows extensive consultations with industry stakeholders and intermediaries. The circular specifies measures for handling shortages arising from inter se netting of positions between clients and sets a schedule for implementation, effective from October 14, 2024. Stock Exchanges, Clearing Corporations, and Depositories are directed to ensure compliance and communicate the status of implementation to SEBI. The circular is issued under SEBI’s regulatory authority to protect investor interests and promote the development of securities markets.
Securities and Exchange Board of India
Circular No. SEBI/HO/MIRSD/MIRSD-PoD1/P/CIR/2024/75 Dated: June 05, 2024
To,
All recognized Stock Exchanges and Clearing Corporations
All Depositories
Madam / Sir,
Sub: Enhancement of operational efficiency and Risk Reduction – Pay-out of securities directly to client demat account
1. SEBI, vide Master Circular for Stock Brokers dated May 22, 2024, inter alia, specified various processes for handling of clients’ securities with regard to pay-in and pay-out of securities. This is to protect clients’ securities and to ensure that the stock broker segregates securities of the client or clients so that they are not vulnerable to misuse.
2. The matter related to the funds of the clients has been addressed through upstreaming and downstreaming of funds mechanism. The matter related to flow of securities also needs to be addressed for the payout of securities. Currently, the securities received in payout are pooled by the broker and then credited to the respective client demat accounts.
3. It is to be mentioned that the direct payout to client account was already facilitated on voluntary basis vide circular SMDRP/Policy/Cir-05/2001 dated February 01, 2001. It has been decided that the process of securities payout directly to the client account shall now be mandatory.
4. SEBI had extensive discussions with the Stock Exchanges, Clearing Corporations (CCs) and Depositories. The proposal was also discussed in the meeting of Intermediary Advisory Committee and with Broker’s Industry Standards Forum (ISF), which comprise of industry representatives. Accordingly, after extensive deliberations, the following has been decided:
4.1. The securities for pay-out shall be credited directly to the respective client’s demat account by the CCs.
4.2. CCs shall provide a mechanism for Trading Member(TM)/Clearing Members (CM) to identify the unpaid securities and funded stocks under the margin trading facility.
4.3. With regard to unpaid securities, the processes as specified at para 45 of SEBI “Master Circular for Stock Brokers” dated May 22, 2024 shall be applicable.
4.4. With regard to funded stocks under the margin trading facility, para 41.9 of SEBI “Master Circular for Stock Brokers” dated May 22, 2024, is amended as follows.
“41.9. Funded stocks held by the TM / CM under the margin trading facility shall be held by the TM / CM only by way of pledge. For this purpose, the TM / CM shall be required to open a separate demat account tagged ‘Client Securities under Margin Funding Account’ in which only funded stocks in respect of margin funding shall be kept/ transferred, and no other transactions shall be permitted. Such funded stocks shall be transferred to respective client’s demat account followed by creation of an auto-pledge (i.e., without the requirement of a specific instruction from the client) with suitable reason, in favor of ‘Client Securities under Margin Funding Account’.”
Handling of shortages arising due to inter se netting of positions between clients:
5. In case of any shortages arising due to inter se netting of positions between clients i.e., internal shortages, the following measures shall be taken to streamline the processes of handling of such shortages across the market:
5.1. TM/CM shall handle such shortages through the process of auction as specified by CCs.
5.2. In such cases, the brokers shall not levy any charges on the client over and above the charges levied by the CCs.
Provision not applicable to:
6. The processes specified at para 4 above, shall not be applicable to clients having arrangements with custodians registered with SEBI for clearing and settlement of trades.
Schedule of Implementation:
7 The provisions of this circular shall come into force with effect from October 14, 2024.
8. The implementation standards shall be formulated by the Broker’s Industry Standards Forum (on a pilot basis), under the aegis of the stock exchanges and in consultation with SEBI by August 05, 2024.
9. Stock Exchanges, Depositories and CCs are directed to:
9.1. bring the provisions of this circular to the notice of their members / participants and also disseminate the same on their websites;
9.2. put in place appropriate systems and procedures to ensure compliance of the provisions of this circular;
9.3. make necessary amendments to the relevant Bye-laws, Rules and Regulations for the implementation of the above decision;
9.4. communicate to SEBI, the status of the implementation of the provisions of this circular in their Monthly Development Reports.
10. This circular is issued in exercise of powers conferred under Section 11(1) of Chapter IV of the Securities and Exchange Board of India Act, 1992, and Section 19 of Chapter IV of the Depositories Act, 1996 to protect the interests of investors in securities and to promote the development of, and to regulate the securities markets.
11. This circular is available on SEBI website at www.sebi.gov.in under the category: ‘Legal → Circulars’.
Yours faithfully,
Aradhana Verma
General Manager
Tel. No: 022 26449633
aradhanad@sebi.gov.in
