NATIONAL STOCK EXCHANGE OF INDIA LIMITED
INSPECTION
DEPARTMENT
CIRCULAR
DOWNLOAD
REF.NO: NSE/INSP/11184
Circular
No. NSE/INSP/2008/71 Dated: 26th August 2008
Sub : Amendments
to Bye-laws and F & O Regulations of the Exchange and constituent
registration documents in Currency Derivatives Segment
The amendments made to Bye-laws of the Exchange and NSE
Futures & Options Trading Regulations are given in annexure 1 of this
circular.
Further to the Exchange’s circular no.
NSE/INSP/2008/69 (download reference no. NSE/INSP/11143) dated 19th
August 2008, the final set of constituent registration documents in Currency
Derivatives Segment are given in annexure 2 of this circular.
For any clarifications, trading members may contact any of the following officials:
Ms. Sania Surve (Extn
5128), Mr Hansen Cardoza (Extn 5123)
or Mr. Parameshwaran (Extn 5124)
For National Stock Exchange of
A.Sebastin
Asst.
Vice-President
Inspection
Department
ANNEXURE - 2
Amendments to NSE Byelaws and NSE (Futures &
Options) Trading Regulations
[A] The provisions contained in the NSE Byelaws are
amended to the extent given hereunder:
(1) The following clause is inserted as Byelaw (6) in
Chapter I of the Byelaws of the Exchange and the existing Byelaw (6) is renumbered
as (7):-
QUOTE
currency
derivatives segment
(6) Derivatives
contracts based on currency approved by SEBI may be admitted to dealings on the currency derivatives segment.
UNQUOTE
(2) The following clause is inserted as Clause 1(f)
in Chapter V of the Byelaws of NSEIL:-
QUOTE
Any bank included in
the Second Schedule of the Reserve Bank of
India Act, 1934, and specifically authorised by Reserve
Bank of
i.
is eligible to become a Trading Member of the currency derivatives
segment of the Exchange, on the recommendation of the Relevant Authority.
ii.
such bank can act as a Trading Member for its proprietary
dealings, to act on its own account, in the currency derivatives segment of the
Exchange.
iii.
such bank can also act as a Trading Member for its clients or
constituents in the currency derivatives segment of the Exchange.
iv.
such
bank shall also abide by the circulars and directions issued by RBI and SEBI in
respect of dealings of such bank on the Exchange besides Rules, Byelaws and
Regulations of the Exchange.
[B] The existing NSE (Futures & Options
segment) Trading Regulations of the Exchange are made applicable to the currency
derivatives segment subject to the following amendment:-
The Applicability Clause is amended (words in bold
are included and words under strikethrough are deleted) as under in order to
make the (Futures & Options segment) Trading Regulations of the Exchange
applicable to currency derivatives segment:
Quote:
These
Regulations (read in conjunction with Approved uUser Manual) shall be applicable to all Trading Members and
Participants to the extent specified therein, in the Futures &
Options segment of National Stock Exchange.
These Regulations shall also be applicable mutatis
mutandis to all the Trading Members and Participants in the currency derivatives segment of National Stock Exchange unless the
context requires otherwise or unless otherwise specified by the relevant authority from time to time........
Unquote
ANNEXURE - 2
Model Know
Your Client form
FORMAT
FOR INDIVIDUAL CLIENT REGISTRATION FORM
(This information is
the sole property of the trading member / brokerage house and would not be
disclosed to anyone unless required by law or except with the express permission
of clients)
To
Trading Member's Clearing
Member's
Name, Address,
Telephone No., Name,
Address, Telephone No.,
SEBI Registration No.
SEBI
Registration No.
Client
Information Photograph (Please
Sign on the Photograph)
1.
Name of the client: _____________________________________
(Surname) (Name) (Middle
Name)
2. Permanent Account Number (PAN)
3. Sex: Male / Female
4. Date of Birth: dd/mm/yyyy
5. Marital Status:
6. Residence Address:
_______________________________
_________________________________________________
_________________________________________________
City:
________________________________________________
Pin Code:
____________________________________________
State:
________________________________________________
Country:______________________________________________
Nationality:
___________________________________________
Telephone Number:
(Res) _________________ Fax No: _______
Residential Status:
Resident
7. Bank and Depository
Account Details
Bank Name (through
which transactions will generally be routed) ________________________________________________________________
Branch: ________________________________________________________________
Address:
________________________________________________________________
Account No:
________________________________________________________________
Account Type: Savings / Current / Others:
______________________________
(Copy of a cancelled
Cheque leaf / pass book / bank statement containing name of the constituent
should be submitted.)
Depository
Participant Name (through which securities will generally be routed.)
Address________________________
BO Account
Number______________
8. Occupation Details
Occupation: Employed
/ Self Employed / Business Professional / House- Wife / Others
(Tick whichever is
applicable)
9. If Employed
Name of Employer:
__________________________
Office Address:
_____________________________
City:
______________________________________
Pin Code:
__________________________________
State:
_____________________________________
Country:
___________________________________
Telephone Number
(Office)_____________________
Fax No / Telex No:
__________________________
10. If Self Employed / Business / Professional/Others
Name of the establishment:
Office Address:
______________________________
___________________________________________
___________________________________________
City:
_______________________________________
Pin Code:
___________________________________
State: ______________________________________
Country:
____________________________
Telephone Number
(Office) _____________
Fax No / Telex No:
___________________
11. Financial details of
the constituent:
Below Rs. 1,00,000
Rs. 1,00,000 To Rs.
5,00,000
Rs. 5,00,000 To Rs.
10,00,000
Rs. 10,00,000 To Rs.
25,00,000
Above Rs.25,00,000
12. Investment/Trading
Experience
No Prior Experience
___ Years in Stocks
___ Years in
Derivatives
___ Years in Other
investment related fields
13. Trading Preference
A. Stock Exchanges on
which you wish to trade (if the member is registered for such Exchanges):
1.
2.
3.
B. Market segments
you wish to trade (if the member is registered for such segment):
1. Capital Market
Segment
2. F & O Segment
3. Debt Market
Segment
4. Currency
Derivatives Segment
14. Whether registered with any other broker-member:
(if registered with multiple members, provide details of all)
Name of Broker:
Name of Exchange:
Client code no.(as
given by the other broker):
15. Details of any action taken by SEBI/Stock exchange/any other
authority for violation of securities laws/other economic offences.
16. References
Introduction:
Introduced by another constituent / director or employee of trading member /
any other person (please specify)
Name of the
Introducer: ____________________________________
(Surname) (Name) (Middle name)
Signature______________________
PAN of introducer, if
any: __________
Name and designation
of the employee who interviewed the client:
_________________
(Name)
_________________
(Designation)
Signature of the
employee: ______________
17. Declaration
I hereby declare that
the details furnished above are true and correct to the best of my knowledge
and belief and I undertake to inform you of any changes therein
immediately In case any of the above
information is found to be false or untrue or misleading or misrepresenting I
am aware that I may be held liable for it.
_______________________________
(Signature of the
individual constituent)
Place:
____________________________
Date:
____________________________
DOCUMENTARY
REQUIREMENTS
Copies of the
following documents may be obtained after due verification with the originals
thereof
For Proof of Identity
(any one of the following)
PAN / Passport /
Voter ID / Driving license / Photo Identity card issued by Employer registered
under MAPIN
For Proof of Address
(any one of the following):
Passport / Voter ID /
Driving license / Bank Passbook / Rent Agreement / Ration Card / Flat
Maintenance Bill / Telephone Bill / Electricity Bill / Certificate issued by
employer registered under MAPIN / Insurance Policy
For Office Purposes:
Unique Client Code : ________
(To Be Inserted By The Brokerage Firm)
Original documents
Verified By __________ Authorised By : ________
Date : ___________
FORMAT OF THE CLIENT REGISTRATION FORM FOR
CORPORATES, FIRMS AND OTHERS
(This information is
the sole property of the trading member / brokerage house and would not be
disclosed to anyone unless required by law or in case of express permission of
clients)
To
Trading Member's Clearing
Member's
Name, Address,
Telephone No., Name,
Address, Telephone No.,
SEBI Registration No.
SEBI
Registration No.
1. Name of the company / firm
2. Constitution
3. Registered Office address
________________________________________________________________
________________________________________________________________
________________________________________________________________
City:
____________________________________________________________
Pin Code:
________________________________________________________
State:
___________________________________________________________
Phone number(s)
__________________________________________________
Fax number(s)_____________________________________________________
4. Address for correspondence
________________________________________________________________
________________________________________________________________
City:
____________________________________________________________
Pin Code:
________________________________________________________
State: ___________________________________________________________
Phone number(s)
__________________________________________________
Fax number(s)_____________________________________________________
5.
Date of incorporation / formation:__________________________________
6.
Date of commencement of business:_______________________________
7.
Nature of Business:_____________________________________________
8. Registration number (with ROC, SEBI or any government
authority)
9. Details of PAN:
10. Names of Promoters / Partners / Karta and residential address
1.
_______________________________
2.
_______________________________
3.
_______________________________
4. _______________________________
5.
_______________________________
11. Names of whole time directors and residential address
1.
_______________________________
2.
_______________________________
3.
_______________________________
4.
_______________________________
5. _______________________________
12. Names and Designation of persons authorized to deal in currency
derivatives on behalf of the company / firm / others and their residential
address
1.
_______________________________
2.
_______________________________
3. _______________________________
4.
_______________________________
13. Details of any action taken by SEBI/Stock exchange/any other
authority against the constituent or its partners / promoters / whole time
directors / authorized persons in charge of dealing in securities / derivatives
for violation of securities laws / other economic offences.
14. Bank and
Depository Account Details
Bank Name (through
which transactions will generally be routed. )
Branch:
__________________________________________________________
Address:
_________________________________________________________
Account No:
_____________________________________________________
Account Type:
____________________________________________________
(Copy of a cancelled
Cheque leaf / pass book / bank statement containing name of the constituent
should be submitted.)
15. Depository
Participant Name (through which securities will be routed)
Address:
_________________________________________________________
B.O Account Number:
_________________________________________
16. Investment/Trading
Experience
No Prior Experience
___ Years in Stocks
___ Years in
Derivatives
___ Years in Other
investment related fields
17. Trading Preference:
A. Stock Exchanges on
which you wish to trade (if the member is registered for such Exchanges):
1.
2.
3.
B. Market segments
you wish to trade (if the member is registered for such segment):
1. Capital Market
Segment
2. F & O Segment
3. Debt Market
Segment
4. Currency
Derivatives Segment
18. Whether registered with any other broker-member:
(if registered with multiple members, provide details of all)
Name of Broker:
_______________________________
Name of Exchange:
_______________________________
Client code no. (as given by the other broker): _______________________________
19. References
Introduction:
Introduced by another constituent / director or employee of trading member /
any other person (please specify)
Name of the
Introducer: ____________________________________
(Surname)
(Name) (Middle name)
Signature_________________
PAN of introducer, if
any: __________
Name and designation
of the employee who interviewed the client:
_________________
(Name)
_________________
(Designation)
Signature of the
employee: ______________
20. Declaration
I / We hereby declare
that the details furnished above are true and correct to the best of my / our
knowledge and belief and I / We undertake to inform you of any changes therein
immediately. In case any of the above information is found to be false or
untrue or misleading or misrepresenting I am / We are aware that I / We may be
held liable for it.
Authorised Signatory
(with company seal)
Name:
Place:
Date:
DOCUMENTARY
REQUIREMENTS
Copies of the
following documents may be obtained after due verification with the originals thereof
1. Copies of the
balance sheet for the last 2 financial years (copies of annual balance sheet to
be submitted every year)
2. Copy of latest
share holding pattern including list of all those holding more than 5% in the
share capital of the company, duly certified by the company secretary / Whole
–time director / MD. (copy of updated shareholding pattern to be submitted
every year)
3. Copies of the
Memorandum and Articles of Association in case of a company / body incorporate
/ partnership deed in case of a partnership firm
4. Copy of the
Resolution of board of directors approving participation in currency
derivatives and naming authorized persons for dealing in currency derivatives.
5. Photographs of
Partners / Whole time directors, individual promoters holding 5% or more,
either directly or indirectly, in the shareholding of the company and of
persons authorized to deal in currency derivatives.
For Office Purposes:
Unique Client Code : ________
(To Be Inserted By The Brokerage Firm)
Original documents
Verified By __________ Authorised By : ________
Date : ___________
Model Member Constituent Agreement
MODEL
AGREEMENT BETWEEN TRADING MEMBER AND CLIENT
This agreement is
made and executed at ………… this …….. day of ……………… 20__ between:
Mr./Ms/M/s._________________,
an individual / a sole proprietary concern / a partnership firm / a body
corporate, registered / incorporated under the provisions of the Indian
Partnership Act, 1932 / the Companies Act, 1956, being a member of the _______
Stock Exchange (hereinafter called “the Exchange”), and having his / her / its
registered office at ……………………. (hereinafter called “the trading member”) which
expression shall, unless repugnant to the context or meaning thereof, be deemed
to mean and include himself in the capacity of a trading member while trading
in the Currency Derivatives Segment, his/her heirs, executors, administrators
and legal representatives/the partners for the time being of the said firm, the
survivor or survivors of them and their respective heirs, executors,
administrators and legal representatives/its successors, as the case may be, of
the One Part;
And
Mr./Ms/M/s.…………………..,
an individual/a sole proprietary concern/a partnership firm/a body corporate,
registered/incorporated, under the provisions of the Indian Partnership Act,
1932/the Companies Act, 1956, having his/her/its residence/ registered office
at …………………………… (hereinafter called “the client”) which expression shall, unless
repugnant to the context or meaning thereof, be deemed to mean and include
his/her heirs, executors, administrators and legal representatives/the partners
for the time being of the said firm, the survivor or survivors of them and
their respective heirs, executors, administrators and legal representatives/its
successors, as the case may be, of the Other Part;
Whereas the trading
member is registered as the trading member of the Exchange with SEBI
registration number _____ in the Capital Market
Segment; SEBI registration number ____ in the F and O Segment and SEBI
registration number ____ in the Currency Derivatives Segment.
Whereas the client is
desirous of investing/trading in those securities / contracts / other
instruments admitted to dealings on the Exchange as defined in the Rules,
Byelaws and Regulations of the Exchange and circulars issued there under from
time to time.
Whereas the client
has satisfied itself of the capacity of the trading member to deal in
securities and / or deal in equity / currency derivatives contracts and wishes
to execute its orders through the trading member and the client shall from time
to time continue to satisfy itself of such capability of the trading member
before executing orders through the trading member.
Whereas the trading
member has satisfied and shall continuously satisfy itself about the
genuineness and financial soundness of the client and investment / trading objectives
relevant to the services to be provided; and
Whereas the trading
member has taken steps and shall take steps to make the client aware of the
precise nature of the trading member’s liability for business to be conducted,
including any limitations, the liability and the capacity in which the trading
member acts.
Whereas the trading
member and the client agree to be bound by all the Rules, Byelaws and
Regulations of the Exchange and circulars issued there under and Rules and
Regulations of SEBI and relevant notifications of Government authorities as may
be in force from time to time.
Now, therefore, in
consideration of the mutual understanding as set forth in this agreement, the
parties thereto have agreed to the following terms and conditions:
1. The client agrees
to immediately notify the trading member in writing if there is any change in
the information in the ‘client registration form’ provided by the client to the
trading member at the time of opening of the account or at any time thereafter.
2. The trading member
declares that it has brought the contents of the risk disclosure document to
the notice of client and made him aware of the significance of the said
document. The client agrees that:
a. He has read and
understood the risks involved in trading on a stock exchange.
b. He shall be wholly
responsible for all his decisions and trades.
c. The failure of the
client to understand the risks involved shall not render a contract as void or
voidable and the client shall be and shall continue to be responsible for all
the risks and consequences for entering into trades in the segment
d. He is liable to
pay applicable initial margins, withholding margins, special margins or such
other margins as are considered necessary by the trading member or the Exchange
or as may be directed by SEBI from time to time as applicable to the segment.
The trading member is permitted in its sole and absolute discretion to collect
additional margins (even though not required by the Exchange, Clearing House /
Clearing Corporation or SEBI) and the client shall be obliged to pay such
margins within the stipulated time.
e. Payment of margins
by the client does not necessarily imply complete satisfaction of all dues. In
spite of consistently having paid margins, the client may, on the closing of
its trade, be obliged to pay (or entitled to receive) such further sums as the
contract may dictate / require.
3. The Client agrees
to pay to the trading member brokerage and statutory levies as are prevailing
from time to time and as they apply to the Client’s account, transactions and
to the services that trading member renders to the Client.
4. The trading member
agrees that it shall not charge brokerage more than the maximum brokerage
permissible as per the rules, regulations and bye -laws of the relevant stock
exchange / SEBI.
5. The client agrees
to abide by the exposure limits, if any, set by the trading member or by the
Exchange or Clearing Corporation or SEBI from time to time.
6. Without prejudice
to the trading member's other rights (including the right to refer a matter to
arbitration), the trading member shall be entitled to liquidate / close out all
or any of the client's positions for non-payment of margins or other amounts,
outstanding debts, etc. and adjust the proceeds of such liquidation / close
out, if any, against the client's liabilities / obligations. Any and all losses
and financial charges on account of such liquidation/closing-out shall be
charged to and borne by the client.
7. The trading member
agrees that the money / securities deposited by the client shall be kept in a
separate account, distinct from his / its own account or account of any other
client and shall not be used by the trading member for himself / itself or for
any other client or for any purpose other than the purposes mentioned in SEBI
Rules and Regulations circulars / guidelines / Exchange’s Rules / Regulations /
Byelaws and circulars.
8. The client agrees
to immediately furnish information to the trading member in writing , if any
winding up petition or insolvency petition has been filed or any winding up or
insolvency order or decree or award is passed against him or if any litigation
which may have material bearing on his capacity has been filed against him.
9. The trading member
agrees to inform the client and keep him apprised about trading / settlement
cycles, delivery / payment schedules, any changes therein from time to time,
and it shall be the responsibility in turn of the client to comply with such
schedules / procedures of the stock exchange.
10. In the event of
death or insolvency of the client or his / its otherwise becoming incapable of
receiving and paying for any contracts which the client has ordered to be
bought or sold, or of delivering or transferring securities, the trading member
may close out the transaction of the client and claim losses, if any, against
the estate of the client. The client or his successors, heirs and assigns shall
be entitled to any surplus which may result there from.
11. The client and
the trading member agree to refer any claims and / or disputes to arbitration
as per the Rules, Byelaws and Regulations of the Exchange and circulars issued
there under as may be in force from time to time.
12. The trading
member hereby agrees that he shall ensure faster settlement of any arbitration
proceedings arising out of the transactions entered into between him and the
client and that he shall be liable to implement the arbitration awards made in
such proceedings.
13. Information about
default in payment / delivery and related aspects by a client shall be brought
to the notice of the relevant stock Exchange(s). In case where defaulting
client is a corporate entity / partnership / proprietary firm or any other
artificial legal entity, then the name(s) of director(s) / promoter(s) /
Partner(s) / proprietor as the case may be, shall also be communicated to the
relevant stock exchange(s).
14. The trading
member and the client agree to reconcile their accounts at the end of each
quarter with reference to all the settlements where payouts have been declared
during the quarter.
15. The trading
member and the client agree to abide by any award passed by the Ombudsman under
the SEBI (Ombudsman) Regulations, 2003.
16. The trading
member and the client declare and agree that the transactions executed on the
Exchange are subject to Rules, Byelaws and Regulations and circulars issued
there under of the Exchange and all parties to such trade shall have submitted
to the jurisdiction of such court as may be specified by the Byelaws and
Regulations of the Exchange for the purpose of giving effect to the provisions
of the Rules, Byelaws and Regulations of the Exchange and the circulars issued
there under.
17. The instructions
issued by an authorized representative, if any, of the client shall be binding
on the client in accordance with the letter authorizing the said representative
to deal on behalf of the said client.
18. Where the
Exchange cancels trade(s) suo moto all such trades including the trade/s done
on behalf of the client shall ipso facto stand cancelled.
19. This agreement
shall forthwith terminate; if the trading member for any reason ceases to be a
member of the stock exchange including cessation of membership by reason of the
trading member's default, death, resignation or expulsion or if the certificate
issued by the Board is cancelled.
20. The trading
member and the client shall be entitled to terminate this agreement without
giving any reasons to the other party, after giving notice in writing of not
less than one month to the other parties. Notwithstanding any such termination,
all rights,
liabilities and obligations of the parties arising out of or in respect of
transactions entered into prior to the termination of this agreement shall
continue to subsist and vest in / be binding on the respective parties or his /
its respective heirs, executors, administrators, legal representatives or successors,
as the case may be.
21. In addition to
the specific rights set out in this Agreement, the trading member and the
client shall be entitled to exercise any other rights which the trading member
or the client may have under the Rules, Bye-laws and Regulations of the
Exchange and circulars issued there under or Rules and Regulations of SEBI.
22. Words and
expressions which are used in this Agreement, but which are not defined herein
shall, unless the context otherwise requires, have the same meaning as assigned
thereto in the Rules, Byelaws and Regulations of the Exchange and circulars
issued there under.
23. The provisions of
this agreement shall always be subject to Government notifications, any rules,
regulations, guidelines and circulars issued by SEBI and Rules, Regulations and
Bye laws of the relevant stock exchange that may be in force from time to time.
24. The trading
member hereby undertakes to maintain the details of the client as mentioned in
the client registration form or any other information pertaining to the client
in confidence and that it shall not disclose the same to any person / authority
except as required under any law / regulatory requirements; Provided however
that the trading member may so disclose information about its his client to any
person or authority with the express permission of the client.
This agreement can be
altered, amended and /or modified by the parties mutually in writing without
derogating from the contents of this Agreement.
Provided however, if
the rights and obligations of the parties hereto are altered by virtue of
change in Rules and regulations of SEBI or Bye-laws, Rules and Regulations of
the relevant stock Exchange, such changes shall be deemed to have been
incorporated herein in modification of the rights and obligations of the
parties mentioned in this agreement.
IN WITNESS THEREOF
the parties to the Agreement have caused these presents to be executed as of
the day and year first above written.
The client’s Signature / Authorised Signatory The trading member’s Signature /
Authorised Signatory:
Signed by: Signed
by:
Title: Title:
Name of the client: Name
of the trading member:
Witness: Witness:
1. 1.
2. 2.
Note: All references
to the specific quantity/rate/fee mentioned in this agreement are subject to
change from time to time, as so agreed to in writing between the parties.
Model Risk
Disclosure Document
RISK
DISCLOSURE DOCUMENT FOR CURRENCY DERIVATIVES SEGMENT
(TO
BE GIVEN BY THE TRADING MEMBER TO THE CLIENT)
This document is
issued by the member of the National Stock Exchange of India (NSE) which has
been formulated by the Exchange in coordination with the Securities and
Exchange Board of India (hereinafter referred to as "SEBI") and
contains important information on trading in Currency Derivatives Segment of
NSE. All prospective constituents should read this document before trading in
Currency Derivatives Segment of the Exchange.
NSE /SEBI does
neither singly or jointly and expressly nor impliedly guarantee nor make any
representation concerning the completeness, the adequacy or accuracy of this
disclosure document nor has NSE /SEBI endorsed or passed any merits of
participating in the segment. This brief statement does not disclose all the
risks and other significant aspects of trading.
In the light of the
risks involved, you should undertake transactions only if you understand the
nature of the contractual relationship into which you are entering and the
extent of your exposure to risk.
You must know and
appreciate that trading in currency derivatives or other instruments traded on
the Stock Exchange, which have varying element of risk, is generally not an
appropriate avenue for someone of limited resources/limited investment and/or
trading experience and low risk tolerance. You should therefore carefully
consider whether such trading is suitable for you in the light of your
financial condition. In case you trade on NSE and suffer adverse consequences
or loss, you shall be solely responsible for the same and NSE, its Clearing
Corporation and/or SEBI shall not be responsible, in any manner whatsoever, for
the same and it will not be open for you to take a plea that no adequate
disclosure regarding the risks involved was made or that you were not explained
the full risk involved by the concerned member. The constituent shall be solely
responsible for the consequences and no contract can be rescinded on that
account. You must acknowledge and accept that there can be no guarantee of
profits or no exception from losses while executing orders for purchase and/or
sale of a currency derivative contract being traded on NSE.
It must be clearly
understood by you that your dealings on NSE through a member shall be subject
to your fulfilling certain formalities set out by the member, which may inter
alia include your filling the know your client form, client registration form,
execution of an agreement, etc., and are subject to the Rules, Byelaws and
Regulations of NSE and its Clearing Corporation, guidelines prescribed by SEBI
and in force from time to time and Circulars as may be issued by NSE or its
Clearing Corporation and in force from time to time.
NSE does not provide
or purport to provide any advice and shall not be liable to any person who
enters into any business relationship with any trading member of NSE and/or any
third party based on any information contained in this document. Any
information contained in this document must not be construed as business
advice. No consideration to trade should be made without thoroughly
understanding and reviewing the risks involved in such trading. If you are
unsure, you must seek professional advice on the same.
In considering
whether to trade or authorize someone to trade for you, you should be aware of
or must get acquainted with the following:-
1. BASIC RISKS
1.1 Risk of Higher
Volatility:
Volatility refers to
the dynamic changes in price that a currency derivatives contract undergoes
when trading activity continues on the Stock Exchange. Generally, higher the
volatility of a contract, greater is its price swings. There may be normally
greater volatility in thinly traded currency derivatives contracts than in
active contracts. As a result of volatility, your order may only be partially
executed or not executed at all, or the price at which your order got executed
may be substantially different from the last traded price or change
substantially thereafter, resulting in notional or real losses.
1.2 Risk of Lower
Liquidity:
Liquidity refers to
the ability of market participants to buy and/or sell currency derivatives
contracts expeditiously at a competitive price and with minimal price
difference. Generally, it is assumed that more the numbers of orders available
in a market, greater is the liquidity. Liquidity is important because with
greater liquidity, it is easier for investors to buy and/or sell currency
derivatives contracts swiftly and with minimal price difference, and as a
result, investors are more likely to pay or receive a competitive price for
currency derivatives contracts purchased or sold. There may be a risk of lower
liquidity in some currency derivatives contracts as compared to active
contracts. As a result, your order may only be partially executed, or may be
executed with relatively greater price difference or may not be executed at
all.
1.2.1 Buying/selling
currency derivatives contracts as part of a day trading strategy may also
result into losses, because in such a situation, contracts may have to be
sold/purchased at a low/high prices, compared to the expected price levels, so
as not to have any open position.
1.3 Risk of Wider
Spreads:
Spread refers to the
difference in best buy price and best sell price. It represents the
differential between the price of buying a security and immediately selling it
or vice versa. Lower liquidity and higher volatility may result in wider than
normal spreads for less liquid or illiquid currency derivatives contracts. This
in turn will hamper better price formation.
1.4 Risk-reducing
orders:
The placing of orders
(e.g., "stop loss” orders, or "limit" orders) which are intended
to limit losses to certain amounts may not be effective many a time because
rapid movement in market conditions may make it impossible to execute such
orders.
1.4.1 A
"market" order will be executed promptly, subject to availability of
orders on opposite side, without regard to price and that, while the customer
may receive a prompt execution of a "market" order, the execution may
be at available prices of outstanding orders, which satisfy the order quantity,
on price time priority. It may be understood that these prices may be
significantly different from the last traded price or the best price in that
currency derivatives contract.
1.4.2 A
"limit" order will be executed only at the "limit" price
specified for the order or a better price. However, while the customer receives
price protection, there is a possibility that the order may not be executed at
all.
1.4.3 A
stop loss order is generally placed "away" from the current price of
a currency derivatives contract, and such order gets activated if and when the
contract reaches, or trades through, the stop price. Sell stop orders are
entered ordinarily below the current price, and buy stop orders are entered
ordinarily above the current price. When the currency derivatives contract
reaches the pre -determined price, or trades through such price, the stop loss
order converts to a market/limit order and is executed at the limit or better.
There is no assurance therefore that the limit order will be executable since a
currency derivatives contract might penetrate the pre-determined price, in
which case, the risk of such order not getting executed arises, just as with a
regular limit order.
1.5 Risk of News
Announcements:
News announcements
that may impact the price of currency derivatives contract may occur during
trading, and when combined with lower liquidity and higher volatility, may
suddenly cause an unexpected positive or negative movement in the price of the
contract.
1.6 Risk of Rumours:
Rumours about
currencies at times float in the market through word of mouth, newspapers,
websites or news agencies, etc. The investors should be wary of and should
desist from acting on rumours.
1.7 System Risk:
High volume trading
will frequently occur at the market opening and before market close. Such high
volumes may also occur at any point in the day. These may cause delays in order
execution or confirmation.
1.7.1 During
periods of volatility, on account of market participants continuously modifying
their order quantity or prices or placing fresh orders, there may be delays in
order execution and its confirmations.
1.7.2 Under
certain market conditions, it may be difficult or impossible to liquidate a
position in the market at a reasonable price or at all, when there are no
outstanding orders either on the buy side or the sell side, or if trading is
halted in a security due to any action on account of unusual trading activity
or currency derivatives contract hitting circuit filters or for any other
reason.
1.8 System/Network
Congestion:
Trading on NSE is in
electronic mode, based on satellite/leased line based communications,
combination of technologies and computer systems to place and route orders.
Thus, there exists a possibility of communication failure or system problems or
slow or delayed response from system or trading halt, or any such other
problem/glitch whereby not being able to establish access to the trading
system/network, which may be beyond control and may result in delay in
processing or not processing buy or sell orders either in part or in full. You
are cautioned to note that although these problems may be temporary in nature,
but when you have outstanding open positions or unexecuted orders, these
represent a risk because of your obligations to settle all executed
transactions.
2. ADDITIONAL
FEATURES
2.1 Effect of
"Leverage" or "Gearing"
In the derivatives
market, the amount of margin is small relative to the value of the derivatives
contract so the transactions are 'leveraged' or 'geared'. Derivatives trading, which is conducted with a
relatively small amount of margin, provides the possibility of great profit or
loss in comparison with the margin amount. But transactions in derivatives
carry a high degree of risk.
You should therefore
completely understand the following statements before actually trading in
derivatives and also trade with caution while taking into account one's
circumstances, financial resources, etc. If the prices move against you, you
may lose a part of or whole margin amount in a relatively short period of time.
Moreover, the loss may exceed the original margin amount.
A. Futures trading
involves daily settlement of all positions. Every day the open positions are
marked to market based on the closing level of the currency derivatives
contract. If the contract has moved against you, you will be required to
deposit the amount of loss (notional) resulting from such movement. This amount
will have to be paid within a stipulated time frame, generally before
commencement of trading on next day.
B. If you fail to
deposit the additional amount by the deadline or if an outstanding debt occurs
in your account, the broker/member may liquidate a part of or the whole
position or substitute securities. In this case, you will be liable for any
losses incurred due to such close-outs.
C. Under certain
market conditions, an investor may find it difficult or impossible to execute
transactions. For example, this situation can occur due to factors such as
illiquidity i.e. when there are insufficient bids or offers or suspension of
trading due to price limit or circuit breakers etc.
D. In order to
maintain market stability, the following steps may be adopted: changes in the
margin rate or others. These new measures may also be applied to the existing
open interests. In such conditions, you will be required to put up additional
margins or reduce your positions.
E. You must ask your
broker to provide the full details of the currency derivatives contracts you
plan to trade i.e. the contract specifications and the associated obligations.
2.2 Currency specific
risks
1. The profit or loss
in transactions in foreign currency-denominated contracts, whether they are
traded in your own or another jurisdiction, will be affected by fluctuations in
currency rates where there is a need to convert from the currency
denomination of the contract to another currency.
2. Under certain
market conditions, you may find it difficult or impossible to liquidate a
position. This can occur, for example when a currency is deregulated or fixed
trading bands are widened.
3. Currency prices
are highly volatile. Price movements for currencies are influenced by, among
other things: changing supply-demand relationships; trade, fiscal, monetary, exchange
control programs and policies of governments; foreign political and economic
events and policies; changes in national and international interest rates and
inflation; currency devaluation; and sentiment of
the market place.
None of these factors can be controlled by any individual advisor and no
assurance can be given that an advisor's advice will result in profitable
trades for a participating customer or that a customer will not incur losses
from such events.
3. GENERAL
3.1 Commission and
other charges
Before you begin to
trade, you should obtain a clear explanation of all commission, fees and other
charges for which you will be liable. These charges will affect your net profit
(if any) or increase your loss.
3.2 Deposited cash
and property
You should
familiarise yourself with the protections accorded to the money or other
property you deposit particularly in the event of a firm insolvency or
bankruptcy. The extent to which you may recover your money or property may be
governed by specific legislation or local rules. In some jurisdictions,
property which has been specifically identifiable as your own will be pro-rated
in the same manner as cash for purposes of distribution in the event of a
shortfall. In case of any dispute with the member, the same shall be subject to
arbitration as per the byelaws/regulations of the Exchange.
3.3 For
rights and obligations of the clients, please refer to Annexure-1 enclosed with
this document.
3.4 The
term ‘constituent’ shall mean and include a client, a customer or an investor,
who deals with a member for the purpose of acquiring and/or selling of currency
derivatives contracts through the mechanism provided by NSE.
3.5 The
term ‘member’ shall mean and include a trading member, a broker or a stock
broker, who has been admitted as such by NSE and who holds a registration
certificate from SEBI.
I hereby acknowledge
that I have received and understood this risk disclosure statement and
Annexure-1 containing my rights and obligations.
Customer Signature
(If Partner, Corporate, or other Signatory, then attest with company seal)
Date:
ANNEXURE-1
INVESTORS’
RIGHTS AND OBLIGATIONS:
1.1 You
should familiarise yourself with the protection accorded to the money or other
property you may deposit with your member, particularly in the event of
a default in the Currency Derivatives market or the broking firm’s insolvency
or bankruptcy.
1.1.1 Please
ensure that you have a documentary proof of your having made deposit of such
money or property with the member, stating towards which account such money or
property deposited.
1.1.2 Further,
it may be noted that the extent to which you may recover such money or property
may be governed by the Bye-laws and Regulations of NSE and the scheme of the
Investors’ Protection Fund in force from time to time.
1.1.3 Any
dispute with the member with respect to deposits, margin money, etc., and
producing an appropriate proof thereof, shall be subject to arbitration as per
the Rules, Byelaws/Regulations of NSE or its Clearing Corporation.
1.2 Before
you begin to trade, you should obtain a clear idea from your member of all
brokerage, commissions, fees and other charges which will be levied on you for
trading. These charges will affect your net cash inflow or outflow.
1.3 You
should exercise due diligence and comply with the following requirements of the
NSE and/or SEBI:
1.3.1 Please
deal only with and through SEBI registered members of the Stock Exchange and
are enabled to trade on the Currency Derivatives Segment of the Exchange. All
SEBI registered members are given a registration no., which may be verified
from SEBI. The details of all members of NSE and whether they are enabled to
trade may be verified from NSE website (www.nseindia.com).
1.3.2 Demand
any such information, details and documents from the member, for the purpose of
verification, as you may find it necessary to satisfy yourself about his
credentials.
1.3.3 Furnish
all such details in full as are required by the member as required in
"Know Your Client" form, which may also include details of PAN or
Passport or Driving Licence or Voters Id, or Ration Card, bank account and
depository account, or any such details made mandatory by NSE/ SEBI at any
time, as is available with the investor.
1.3.4 Execute
a broker-client agreement in the form prescribed by SEBI and/or the Relevant
Authority of NSE or its Clearing Corporation from time to time, because this
may be useful as a proof of your dealing arrangements with the member.
1.3.5 Give
any order for buy or sell of a currency derivatives contract in writing or in
such form or manner, as may be mutually agreed. Giving instructions in writing
ensures that you have proof of your intent, in case of disputes with the
member.
1.3.6 Ensure
that a contract note is issued to you by the member which contains minute
records of every transaction. Verify that the contract note contains details of
order number, trade number, trade time, trade price, trade quantity, details of
the currency derivatives contract, client code allotted to you and showing the
brokerage separately. Contract notes are required to be given/sent by the
member to the investors latest on the next working day of the trade. Contract
note can be issued by the member either in electronic form using digital
signature as required, or in hard copy. In case you do not receive a contract
note on the next working day or at a mutually agreed time, please get in touch
with the Investors Grievance Cell of NSE, without delaying.
1.3.7 Facility
of Trade Verification is available on NSE website (www.nseindia.com), where
details of trade as mentioned in the contract note may be verified from the
trade date upto five trading days. Where trade details on the website, do not
tally with the details mentioned in the contract note, immediately get in touch
with the Investors Grievance Cell of NSE.
1.3.8 Ensure
that payment of funds against settlement is given to the concerned member
within one working day prior to the date of pay-in announced by NSE or its
Clearing Corporation. Payments should be made only by account payee cheque in
favour of the firm/company of the trading member and a receipt or
acknowledgement towards what such payment is made be obtained from the
member.
1.3.9 In
case pay-out of funds is not received on the next working day after date of
pay-out announced by NSE or its Clearing Corporation, please follow-up with the
concerned member for its receipt. In case pay-out is not received as above from
the member within five working days, ensure that you lodge a complaint immediately
with the Investors’ Grievance Cell of NSE.
1.3.10 Every
member is required to send a complete 'Statement of Accounts', for both
settlements and margins, to each of its constituents, at such periodicity as
may be prescribed from time to time. You should report errors, if any, in the
Statement immediately, but not later than 30 calendar days of receipt thereof,
to the member. In case the error is not rectified or there is a dispute, ensure
that you refer such matter to the Investors Grievance Cell of NSE, without
delaying.
1.3.11 In
case of a complaint against a member, you should address the complaint to the
Office as may be specified by NSE from time to time.
1.4 In
case where a member surrenders his membership, NSE gives a public notice
inviting claims, if any, from investors. In case of a claim, relating to
"transactions executed on the trading system" of NSE, ensure that you
lodge a claim with NSE /Clearing Corporation within the stipulated period and
with the supporting documents.
1.5 In
case where a member is expelled from trading membership or declared a
defaulter, NSE gives a public notice inviting claims, if any, from investors.
In case of a claim, relating to "transactions executed on the trading
system" of NSE, ensure that you lodge a claim with NSE within the
stipulated period and with the supporting documents.
1.6 Claims
against a defaulter/expelled member found to be valid as prescribed in the
relevant Rules/Bye -laws and the scheme under the Investors’ Protection Fund
(IPF) may be payable as prescribed by SEBI.
Notes:
1. The term
‘constituent’ shall mean and include a client, a customer or an investor, who
deals with a trading member of NSE for the purpose of buying and / or selling
of currency derivatives contract through the mechanism provided by NSE.
2. The term ‘member’
shall mean and include a trading member or a broker or a stock broker, who has
been admitted as such by NSE and who holds a registration certificate from
SEBI.
3. The term
‘contract’ refers to currency derivatives contract and the term ‘underlying’
refers to the underlying currency of such currency derivatives contracts.