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Issues Involved:
1. Unauthorized use/misuse of clients' shares kept as margin for pledging. 2. Non-compliance with the requirement of periodical settlement of client accounts. 3. Inter-client adjustments for the purpose of settlement of running accounts. 4. Determination of monetary penalty under Section 15HB of SEBI Act and Section 23 H of SCRA. Summary: Issue 1: Unauthorized Use/Misuse of Clients' Shares SEBI's inspection revealed that the Noticee, M/s. Sharewealth Securities Ltd. (SSL), had pledged clients' securities without their knowledge, even when clients had credit balances or had not traded during the pledge period. SSL argued that pledging was done with clients' written consent for margin exposure, and no undue benefit was derived. The Adjudicating Officer found insufficient evidence of misutilization and gave SSL the benefit of doubt. Issue 2: Non-Compliance with Periodical Settlement of Client Accounts The Noticee was found to have settled accounts for only about 20 out of 25,000 clients and engaged in inter-client adjustments for running account settlements. SSL admitted procedural errors and delays in implementing SEBI's quarterly settlement instructions but claimed to have rectified these issues. The Adjudicating Officer concluded that SSL failed to comply with SEBI's procedures, exhibiting low standards of integrity and fairness, thus violating Clause A (1) of the Code of Conduct under Schedule II of Regulation 7 of the SEBI (Stock brokers and Sub brokers) Regulations, 1992. Issue 3: Inter-Client Adjustments SSL admitted to making inter-client adjustments with clients' consent to avoid pledging and unpledging charges. The Adjudicating Officer noted that SSL's actions violated SEBI Circular No. MIRSD/SE/Cir-19/2009 dated December 03, 2009, which mandates periodic settlement of client accounts and prohibits inter-client adjustments for running account settlements. Issue 4: Determination of Monetary Penalty Under Section 15HB of SEBI Act, 1992, the Adjudicating Officer considered factors under Section 15J, including the absence of quantifiable gain or investor loss and the non-repetitive nature of defaults. A penalty of Rs. 50,000 was imposed on SSL, deemed commensurate with the default. Order: The Noticee is directed to pay the penalty amount through a demand draft in favor of "SEBI-Penalties Remittable to Government of India" within 45 days of receipt of the order. Copies of the order are sent to the Noticee and SEBI.
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