Amendment of Bye-laws of Bombay Stock Exchange - S.O. No.855(E) - F.No. 1/60/SE/94 - SEBI

SECURITIES AND EXCHANGE BOARD OF INDIA NOTIFICATION Bombay, the 29th November, 1994 S.O. No. 855(E).- Whereas the Securities and Exchange Board of India is satisfied that it is necessary in the interest of trade and public interest that the bye-law made by the Stock Exchange, Bombay should be amended as provided hereunder : Now therefore in exercise of the powers conferred by sub-section (1) of section 10 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956). The Securities and Exchange Board of India hereby makes the amendment to the bye-laws of the Stock Exchange, Bombay specified in the Schedule below, and in pursuance of the proviso to sub-section (4) of that section, the Securities and Exchange Board of India, in the interest of the trade and in public interest and to facilitate regulation of transactions between clients and brokers without delay hereby dispenses with the condition of previous publication of the said amendments to the bye laws. SCHEDULE After the existing bye-law 247, the following bye-law being 247A shall be inserted : 247A REGULATION OF TRANSACTIONS BETWEEN CLIENTS AND BROKERS Notwithstanding anything to the contrary contained in these Bye laws, the following shall regulate the transactions between Clients and Brokers: 1. It shall be compulsory for all member brokers to keep the money of the clients in a separate account and their own money in a separate account No payment for transactions in which the Member broker is taking a position as a principal will be allowed to be made from the client's account. The above principles and the circumstances under which transfer from client's account to Member broker's account would be allowed are enumerated below : A. Member Broker to keep accounts.- Every member broker shall keep such books of account, as will be necessary, to show and distinguish in connection with his business as a member- (i) Moneys received from or on account of and moneys, paid to or on account of each of his clients, and (ii) the moneys received and the moneys paid on Member's own account. B. Obligation to pay money into clients' accounts .- Every member broker who holds or receives money on account of a client shall forthwith pay such money to current or deposit account at bank to be kept in the name of the member in the title of which the word clients shall appear (hereinafter referred to as clients account ). Member broker may keep one consolidated clients account for all the clients or accounts in the name of each client, as he thinks fit: Provided that when a Member broker receives a cheque or draft representing in part money belonging to the client and in part money due to the member, he shall pay the whole of such cheque or draft into the clients account and effect subsequent transfer as laid down below in para D(ii). C. What moneys to be paid into clients account .- No money shall be paid into clients account other than- (i) money held or received on account of clients; (ii) such money belonging to the member as may be necessary for the purpose of opening or maintaining the account; (iii) money for replacement of any sum which may by mistake or accident have been drawn from the account in contravention of para D given below; (iv) a cheque or draft received by the member representing in part money belonging to the client and in part money due to the member. D. What moneys to be withdrawn from clients accounts .- No money shall be drawn from clients account other than- (i) money properly required for payment to or on behalf of clients or for or towards payment of a debt due to the member from clients or money drawn on client's authority, or money in respect of which there is a liability of clients to the Member, provided that money so drawn shall not in any case exceed the total of the money held for the time being for such each client; (ii) such money belonging to the member as may have been paid into the client account under para 1C(ii) or 1C(iv) given above; (iii) money which may by mistake or accident have been paid into such account in contravention of para C above. E. Right to lien, set-off etc., not affected Nothing in this para 1 shall deprive a member broker of any recourse or right, whether by way of lien, set-off, counter-claim charge or otherwise against moneys standing to the credit of clients account. 2. It shall be compulsory for all member brokers to keep separate accounts for client's securities and to keep such books of account, as may be necessary, to distinguish such securities from his/their own securities. Such accounts for client's securities shall, inter alia, provide for the following:- (a) Securities received for sale or kept pending delivery in the market; (b) Securities fully paid for, pending delivery to clients; (c) Securities received for transfer or sent for transfer by the Member, in the name of client or his nominee(s); (d) Securities that are fully paid for and are held in custody by the Member as security/margin, etc. Proper authorization from client for the same shall be obtained by Member; (e) Fully paid for client's securities registered in the name of Member, if any, towards margin requirements, etc.; (f) Securities given on Vyaj-badla. Members shall obtain authorization from clients for the same. 3. Member Brokers shall make payment to their clients or deliver the securities purchased within two working days of pay-out unless the client has requested otherwise. Stock Exchange shall issue a Press Release immediately after the pay-out. 4. Member Brokers shall issue the contract note for purchase/sale of securities to a client within 24 hours of the execution of the contract. 5. In case of purchases on behalf of clients, Member brokers shall be at liberty to close out the transactions by selling the securities, in case the client fails to make the full payment to the Member Broker for the execution of the contract within two days of contract note having been delivered for cash Shares and seven days for specified shares or before pay-in day (as fixed by Stock Exchange for the concerned settlement period), whichever is earlier; unless the client already has an equivalent credit with the Member. The loss incurred in this regard, if any, will be met from the margin money of that client. 6. In case of sales on behalf of clients, member brokers shall be at liberty to close out the contract by effecting purchases if the client fails to deliver the securities sold with valid transfer documents within 48 hours of the Contract note having been delivered or before delivery day (as fixed by Stock Exchange authorities for the concerned settlement period), whichever is earlier. Loss on the transaction, if any, will be deductible from the margin money of that client. [F.No. 1/60/SE/94] S.S. NADKARNI, Chairman