The shares of XYZ Ltd. are listed on NSE. However, trading in the shares of company were rarely held. During the F.Y. 2017-18, the share price (face value ₹ 10) remained constant at a price of ₹ 85 and last transaction i
CS Professional · Capital Commodity and Money Market · PYQS · December 2018
The shares of XYZ Ltd. are listed on NSE. However, trading in the shares of company were rarely held. During the F.Y. 2017-18, the share price (face value ₹ 10) remained constant at a price of ₹ 85 and last transaction in this script was held in the month of June 2017. However, during the period from May 2018 to June 2018, there were good amount of transactions and it ranges from ₹ 110 to ₹ 254. This gave an alarm to the SEBI and it observed that : Shares are not liquid and were not frequently traded, however it suddenly got momentum. A significant portion of gross volume of MB, who is a broker of National Stock Exchange, as Investor amounted to 5.59% of the total volume traded on NSE during that period. A significant portion of gross volume of MB was in the shares of XYZ Ltd. only and that too, squaring off in nature and with the same opposite party. Under these circumstances, what action the SEBI should take against the broker MB. Your answer should cover the relevant portions of the SEBI Act/its relevant Regulations and also mention, whether the broker MB is liable for the monetary penalty?
Answer & Explanation:
SEBI can prosecute the broker MB under Section 24 of the Securities and Exchange Board of India (Stock Brokers and Sub-Brokers) Regulations, 1992 for any of the following violations, namely - Dealing in securities without obtaining certificate of registration from the Board as a stock broker or a sub-broker. Dealing in securities or providing trading floor or assisting in trading outside the recognized stock exchange in violation of provisions of the Securities Contracts (Regulation) Act, 1956 or rules made or notifications issued thereunder. Market manipulation of securities or index. Indulging in insider trading in violation of Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 1992. Violating the Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003. Failure without reasonable cause- to produce to the investigating authority or any person authorized by him in this behalf, any books, registers, records or other documents which are in his custody or power; or to appear before the investigating authority personally or to answer any question which is put to him by the investigating authority; or to sign the notes of any examination taken down by the investigating authority. Failure to pay penalty imposed by the adjudicating officer or failure to comply with any of his directions or orders. No, MB shall not be liable for monetary penalty.
Topics: Securities Market
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