Sponsored
    Follow Us:
Sponsored

Securities and Exchange Board of India (SEBI) has released a draft circular proposing updates to the Investor Charter for stock brokers. Originally issued in December 2021, the Investor Charter outlines investor rights, stockbroker obligations, service timelines, and grievance redressal mechanisms. Given recent developments such as the introduction of the Online Dispute Resolution (ODR) platform and SCORES 2.0, SEBI is revising the charter to enhance financial consumer protection and promote financial literacy. The updated charter will ensure better transparency, compliance, and investor awareness. Stock brokers are required to disclose the Investor Charter prominently on their websites and share it with clients through multiple communication channels.

SEBI invites public comments on the draft circular, with submissions accepted until February 17, 2025. Investors, stock brokers, and other stakeholders can submit feedback via SEBI’s official portal or email. The revised charter will mandate stock brokers to disclose investor grievances and resolution data on their websites, ensuring better accountability. Additionally, it emphasizes investor rights, such as access to accurate account statements, clear communication of service charges, and protection against fraudulent schemes. The circular also details key compliance timelines, including KYC processing, margin payments, contract notes issuance, and fund settlements. Investors are advised to follow SEBI’s guidelines, including verifying stockbroker credentials, reviewing contract terms, and utilizing official grievance redressal channels. Once finalized, the updated charter will replace previous guidelines, aiming to strengthen investor protection in the securities market.

Securities and Exchange Board of India

DRAFT CIRCULAR FOR PUBLIC COMMENTS

Investor Charter for Stock Brokers

Background

1. In order to facilitate investor awareness about various activities which an investor deals with such as opening of account, KYC and in person verification, complaint resolution, issuance of contract notes and various statements etc., SEBI vide circular SEBI/HO/MIRSD/DOP/P/CIR/2021/676 dated December 02, 2021 issued Investor Charter for stock brokers inter-alia detailing the services provided to Investors, Rights of Investors, various activities of Stock Brokers with timelines, DOs and DON’Ts for Investors and Grievance Redressal Mechanism etc.

2. In a move to enhance financial consumer protection alongside enhanced financial inclusion and financial literacy, and in view of the recent developments in the securities market including introduction of Online Dispute Resolution (ODR) platform and SCORES 2.0, it is felt necessary to review the investor charter for stock brokers.

Public Comments:

Draft circular on “Investor Charter for Stock Brokers” is placed at Annexure. The comments/ suggestions should be submitted latest by February 17, 2025, through the following link:

https://www.sebi.gov.in/sebiweb/publiccommentv2/PublicCommentAction.do?doPubl  icComments=yes

In case of any technical issue in submitting your comment through web based public comments form, you may write to consultationMIRSD@sebi.gov.in with the subject: “Public comments on Investor Charter for Stock Brokers”.

Annexure

DRAFT CIRCULAR

SEBI/HO/MIRSD/MIRSD-PoD1/P/CIR/2025/XXX

DD-MM-YYYY

To,

All recognized Stock Exchanges

Stock Brokers through Recognized Stock Exchanges

Madam / Sir,

Sub: Investor Charter for Stock Brokers

1. SEBI, vide Circular no. SEBI/HO/MIRSD/DOP/P/CIR/2021/676 dated December 02, 2021 (hereinafter mentioned as ‘Circular’) and Clause 75 of Master Circular for Stock Brokers dated August 09, 2024 (hereinafter mentioned as ‘Master Circular’), inter alia, issued Investor charter for stock brokers.

2. In a move to enhance financial consumer protection alongside enhanced financial inclusion and financial literacy and in view of the recent developments in the securities market including introduction of Online Dispute Resolution (ODR) platform and SCORES 2.0, it has been decided to modify the investor charter for stock brokers.

3. In view of the above and based on consultation with Brokers’ Industry Standards Forum (ISF), updated investor charter for stock brokers is placed at Annexure A.

4. In this regard, Stock Exchanges are directed to advise Stock Brokers to bring the Investor Charter for Stock Brokers to the notice of their clients (existing as well as new clients) through disclosing the Investor Charter on their respective websites, making them available at prominent places in the office, provide a copy of Investor Charter as a part of account opening kit to the clients, through e-mails/ letters etc.

5. Additionally, in order to ensure transparency in the Investor Grievance Redressal Mechanism, all the Stock Brokers shall continue to disclose on their respective websites, the data on complaints received against them or against issues dealt by them and redressal thereof, latest by 7th of succeeding month, as per the format enclosed at Annexure ‘B’ to this circular.

6. The provisions of this circular shall come into force with immediate effect.

7. With the  issuance  of  this  circular,  SEBI, Circular.
SEBI/HO/MIRSD/DOP/P/CIR/2021/676 dated December 02, 2021 stands rescinded and Clause 75 of Master Circular for Stock Brokers dated August 09, 2024 stands amended as per this circular.

8. Stock Exchanges are hereby directed to bring the provisions of this circular to the notice of the stock brokers.

9. 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 to protect the interests of investors in securities and to promote the development of, and to regulate the securities markets and shall come into effect from the date of this circular.

10 This circular is available on SEBI website atsebi.gov.in under the category: ‘Legal → Circulars

Annexure-A

Investor Charter Stock Brokers

1. VISION

To follow highest standards of ethics and compliances while facilitating the trading by clients in securities in a fair and transparent manner, so as to contribute in creation of wealth for investors.

2. MISSION

i) To provide high quality and dependable service through innovation, capacity enhancement and use of technology.

ii) To establish and maintain a relationship of trust and ethics with the investors.

iii) To observe highest standard of compliances and transparency.

iv) To always keep ‘protection of investors’ interest’ as goal while providing service.

v) To ensure confidentiality of information shared by investors unless such information is required to be provided in furtherance of discharging legal obligations or investors have provided specific consent to share such information.

3. Services provided to Investors by stockbrokers include

I. Execution of trades on behalf of investors.

II. Issuance of Contract Notes.

III. Issuance of intimations regarding margin due payments.

IV. facilitate execution of early pay-in obligation instructions.

V. periodic Settlement of client’s funds.

VI. Issuance of retention statement of funds at the time of settlement.

VII. Risk management systems to mitigate operational and market risk.

VIII. Facilitate client profile changes in the system as instructed by the client.

IX. Information sharing with the client w.r.t. relevant Market Infrastructure Institutions (MII) circulars.

X. Provide a copy of Rights & Obligations document to the client.

XI. Communicating Most Important terms and Conditions (MITC) to the client.

XII. Redressal of Investor’s grievances.

4. Rights of Investors

I Ask for and receive information from a firm about the work history and background of the person handling your account, as well as information about the firm itself (including website providing mandatory information).

II Receive complete information about the risks, obligations, and costs of any investment before investing.

III. Receive a copy of all completed account forms and rights & obligation document.

IV. Receive a copy of ‘Most Important Terms & Conditions’ (MITC).

V. Receive account statements that are accurate and understandable.

VI. Understand the terms and conditions of transactions you undertake.

VII.  Access your funds in a prescribed manner and receive information about any restrictions or limitations on access.

VIII. Receive complete information about maintenance or service charges, transaction or redemption fees, and penalties in form of tariff sheet.

IX. Discuss your grievances with compliance officer / compliance team of the firm and receive prompt attention to and fair consideration of your concerns.

X. Close your zero balance accounts online with minimal documentation

XI. Get the copies of all policies (including Most Important Terms and Conditions) of the broker related to dealings of your account

XII.  Not be discriminated against in terms of services offered to equivalent clients

XIII. Get only those advertisement materials from the broker which adhere to Code of Advertisement norms in place

XIV n case of broker defaults, be compensated from the Exchange Investor Protection Fund as per the norms in place

XV. Trade in derivatives after submission of relevant financial documents to the broker

XVI et warnings on the trading systems while placing orders in securities where surveillance measures are in place

XVII et access to products and services in a suitable manner even if differently abled

XVII et access to educational materials of the MIIs and brokers

XIX. Get access to all the exchanges of a particular segment you wish to deal with unless opted out specifically as per Broker norms

XX Deal with one or more stockbrokers of your choice without any compulsion of minimum business

XXI. Have access to the escalation matrix for communication with the broker

XXII. Not be bound by any clause prescribed by the Brokers which are contravening the Regulatory provisions.

5. Various activities of Stock Brokers with timelines

S. No. Activities Expected Timelines
1. KYC entered into KRA System and CKYCR 3 working days of account opening
2. Client Onboarding Immediate, but not later than one week
3. Order execution Immediate on receipt of order, but not later than the same day
4. Allocation of Unique Client Code Before trading
5. Copy of duly completed Client Registration Documents to clients 7 days from the date of upload of Unique Client Code to the Exchange by the trading member
6. Issuance of contract notes 24 hours of execution of trades
7. Collection of upfront margin from client Before initiation of trade
8. Issuance of intimations regarding other margin due payments At the end of the T day
9. Settlement of client funds First Friday/Saturday of the month /quarter as per Exchange  pre- announced schedule
10. ‘Statement of Accounts’ for Funds, Securities and Commodities Monthly basis
11. Issuance of retention statement of funds/commodities 5 days from the date of settlement
12. Issuance of Annual Global Statement 30 days from the end of the financial year
13. Investor grievances redressal 21 calendar days from the receipt of the complaint

6. DOs and DON’Ts for Investors

DOs  

DON’Ts

1. Read all documents and conditions being agreed before signing the account opening form.

2. Receive a copy of KYC, copy of account opening documents and Unique Client Code.

3. Read the product / operational framework / timelines related to various Trading and Clearing & Settlement processes.

4. Receive all information about brokerage, fees and other charges levied.

5. Register your mobile number and email ID in your trading, demat and bank accounts to get regular alerts on your transactions.

6.If executed, receive a copy of Demat Debit and Pledge Instruction (DDPI) However, DDPI is not a mandatory requirement as per SEBI / Stock Exchanges. Before granting DDPI, carefully examine the scope and implications of powers being granted.

7.Receive contract notes for trades executed, showing transaction price, brokerage, GST and STT/CTT etc. as applicable, separately, within 24 hours of execution of trades.

8.Receive funds and securities/ commodities on time, as prescribed by SEBI or exchange from time to time.

9.Verify details of trades, contract notes and statement of account and approach relevant authority for any discrepancies. Verify trade details on the Exchange websites from the trade verification facility provided by the Exchanges.

10.Receive statement of accounts periodically. If opted for running account settlement, account has to be settled by the stock broker as per the option given by the client (Monthly or Quarterly).

11.In case of any grievances, approach stock broker or Stock Exchange or SEBI for getting the same resolved within prescribed timelines.

12.Retain documents for trading activity as it helps in resolving disputes, if they arise.

bank accounts to get regular alerts on your transactions.

6.If executed, receive a copy of Demat Debit and Pledge Instruction (DDPI) However, DDPI is not a mandatory requirement as per SEBI / Stock Exchanges. Before granting DDPI, carefully examine the scope and implications of powers being granted.

7.Receive contract notes for trades executed, showing transaction price, brokerage, GST and STT/CTT etc. as applicable, separately, within 24 hours of execution of trades.

8.Receive funds and securities/ commodities on time, as prescribed by SEBI or exchange from time to time.

9.Verify details of trades, contract notes and statement of account and approach relevant authority for any discrepancies. Verify trade details on the Exchange websites from the trade verification facility provided by the Exchanges.

10.Receive statement of accounts periodically. If opted for running account settlement, account has to be settled by the stock broker as per the option given by the client (Monthly or Quarterly).

11.In case of any grievances, approach stock broker or Stock Exchange or SEBI for getting the same resolved within prescribed timelines.

12.Retain documents for trading activity as it helps in resolving disputes, if they arise.

1. Do not deal with unregistered stock broker.

2. Do not forget to strike off blanks in  your account opening and KYC.

3. Do not submit an incomplete  account opening and KYC form.

4. Do not forget to inform any change  in information linked to trading  account and obtain confirmation of Updation in the system.

5. Do not transfer funds, for the  purposes of trading to anyone other than a stock broker. No payment should be made in name of employee of stock broker.

6.Do not ignore any emails / SMSs received with regards to trades done, from the Stock Exchange and raise a concern, if discrepancy is observed.

7.Do not opt for digital contracts, if not familiar with computers.

8.Do not share trading password.

9.Do not fall prey to fixed / guaranteed returns schemes.

10.Do not fall prey to fraudsters sending emails and SMSs luring to trade in stocks / securities promising huge profits.

11.Do not follow herd mentality for investments. Seek expert and professional advice for your investments

Additionally, Investors may refer to Dos and Don’ts issued by MIIs on their respective websites from time to time.

7. Grievance Redressal Mechanism

The process of investor grievance redressal is as follows:

1. Investor

complaint/Grievances

Investor can lodge complaint/grievance against stock broker in the following ways:

Mode of filing the complaint with stock broker

Investor can approach the Stock Broker at the designated Investor Grievance e-mail ID of the stock broker. The Stock Broker will strive to redress the grievance immediately, but not later than 21 days of the receipt of the grievance

Mode of filing the complaint with stock exchanges

i. SCORES 2.0 (a web based centralized grievance redressal system of SEBI)
(https://scores.sebi.gov.in)Two level review for complaint/grievance against stock broker:

  • First review done by Designated body/Exchange
  • Second review done by SEBI

ii. Emails to designated email IDs of Exchange

2. Online Dispute Resolution (ODR) platform for online Conciliation and Arbitration If the Investor is not satisfied with the resolution provided by the Market Participants, then the Investor has the option to file the complaint/
grievance on SMARTODR platform for its resolution through online conciliation or arbitration.
3. Steps to be followed in ODR for Review, Conciliation and
Arbitration
1. Investor to approach Market Participant for redressal of complaint

2. If investor is not satisfied with response of
Market Participant, he/she has either of the following 2 options:

i. May escalate the complaint on SEBI SCORES portal.

ii. May also file a complaint on SMARTODR portal for its resolution through online conciliation and arbitration.

3. Upon receipt of complaint on SMARTODR portal, the relevant MII will review the matter and endeavor to resolve the matter between the Market Participant and investor within 21 days.

4. If the matter could not be amicably resolved, then the matter shall be referred for conciliation.

5. During the conciliation process, the conciliator will endeavor for amicable settlement of the dispute within 21 days, which may be extended with 10 days by the conciliator with consent of the parties to dispute.

6. If the conciliation is unsuccessful, then the investor may request to refer the matter for arbitration.

7. The arbitration process to be concluded by arbitrator(s) within 30 days, which is extendable by 30 days with consent of the parties to dispute.

8. Handling of Investor’s claims / complaints in case of default of a Trading Member / Clearing Member (TM/CM)

Default of TM/CM

Following steps are carried out by Stock Exchange for benefit of investor, in case stock broker defaults:

  • Circular is issued to inform about declaration of Stock Broker as Defaulter.
  • Information of defaulter stock broker is disseminated on Stock Exchange website.
  • Public Notice is issued informing declaration of a stock broker as defaulter and inviting claims within specified period.
  • Intimation to clients of defaulter stock brokers via emails and SMS for facilitating lodging of claims within the specified period.

Following information is available on Stock Exchange website for information of investors:

  • Norms for eligibility of claims for compensation from IPF.
  • Claim form for lodging claim against defaulter stock broker.
  • FAQ on processing of investors’ claims against Defaulter stock broker.
  • Provision to check online status of client’s claim.
  • Standard Operating Procedure (SOP) for handling of Claims of Investors in the Cases of Default by Brokers
  • Claim processing policy against Defaulter/Expelled members
  • List of Defaulter/Expelled members and public notice issued

Annexure – B

Format for Investor Complaints Data to be displayed by Stock Brokers on their respective websites

Data for every month ending

S N Receive d from Carried forwar d from previou s

month

Receive d

during

the month

Total Pendin g Resolve d* Pending at the end of the month** Average Resoluti on time^ (in days)
Pendin g

f

or

less than 3 month s

Pendin g for more than 3 month s
1 2 3 4 5 6 7 8
1 Directly from

Investors

2 SEBI (SCORE S 2.0)
3 Stock Exchanges
4 Other Sources (if any)
5 Grand Total

Trend of monthly disposal of complaints

SN Month Carried forward from previous month Received Resolved* Pending**
1 2 3 4 5 6
1 April -YYYY
2 May-YYYY
3 June-YYYY
4 July-YYYY
….
March-YYYY
Grand Total

*Should include complaints of previous months resolved in the current month, if any. **Should include total complaints pending as on the last day of the month, if any. ^Average resolution time is the sum total of time taken to resolve each complaint in the current month divided by total number of complaints resolved in the current month.

Trend of annual disposal of complaints

SN Year Carried forward from previous year Received during the year Received during  the year Pending at the end of  the year
1 2021-22
2 2022-23
3 2023-24
4 2024-25
Grand Total

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Ads Free tax News and Updates
Sponsored
Search Post by Date
March 2025
M T W T F S S
 12
3456789
10111213141516
17181920212223
24252627282930
31