I] INSPECTIONS AND INQUIRIES

Stock Exchanges, Stock Brokers and Sub Brokers

Section 11(2) of Securities and Exchange Board of India Act, 1992 provides that the SEBI would register and regulate the working of stock brokers and sub brokers. In fulfillment of the above, the SEBI carries out inspections of the books and records of stock brokers to verify whether:

As more than 9000 brokers are registered with the SEBI, it is not possible for SEBI to inspect all the brokers with its limited resources. Brokers are, therefore, selected for inspection, on sample basis, by the SEBI. Apart from the SEBI, Stock Exchanges as self regulatory organisations are also expected to carry out inspection of 10 of their active brokers.

During 1997-98, 157 brokers from the 22 Exchanges across the country were inspected by the SEBI. For inspection of brokers of BSE and NSEIL, the services of chartered accountants were availed of while inspection of brokers of other stock exchanges were undertaken by the officers of the SEBI. During the course of inspection, following features were noticed :

  1. Brokers of regional stock exchanges had witnessed a slump in their business. Many of them were either inactive or working for the brokers of bigger stock exchanges.
  2. Clientele business, in general, had come down across the entire country.
  3. Brokers were reluctant to execute orders which may result into delivery because of impending fear of deliveries turning out to be bad.
  4. A large number of brokers were giving indirect inducement to their clients to close their position at the end of settlement by charging much lower brokerage for squaring up business compared to delivery business.
  5. The rate of brokerage had come down drastically over last few years. The bye-laws of the stock exchanges provide for brokerage up to 2.5 per cent of value of the contract. In reality the brokerage ranged between .05 per cent to .5 per cent,
  Common irregularities noticed during inspection were : However, better compliance was observed towards margin requirements on the part of brokers. This can be attributed to active role taken by the SEBI in standardising the margin requirements by prescribing gross turnover cap as multiple of capital deposits and mark to market margin.

A comparative statement of inspections carried out during the year, enquiries ordered and penalties imposed on the brokers for the year 1996-97 and 1997-98 are given in the table III.8.

Table III.8 : Action Taken against Stock Brokers

Action taken1996-97 1997-98 
Inspections 157 157
Enquiries ordered 20 62
Warned 40 52
Suspended 11 8
Registration cancelled Nil 2

 
Source: SEBI

From the Table.III.8, it can be noticed that of enquiries ordered shows dramatic increase over the previous year. Enquiries were initiated on the basis of adverse findings in the concerned inspection reports.

The table III.9 below gives the comparative analysis of findings of inspection carried out during 1996-97 and 1997-98.

Table III.9: Details of Inspection

Action taken 1996-97 1997-98
No irregularities noticed - cases closed 3 Nil
Minor irregularities noticed - cases closed after issuance of warning letters 43 18
Minor irregularities noticed - brought to the notice of the concerned stock exchanges for rectification 8 1
Show cause for initiation of adjudication proceedings 2 2
Serious irregularities noticed - Enquiries initiated in accordance with SEBI (Stock Brokers and Sub Brokers) Regulations, 1992 55 11
Under process 46 125
Total 157 157

 
Source: SEBI

Merchant Bankers and Underwriters

During the year 1997-98, the SEBI took several actions under various sections of the SEBI Act. The details of actions along with the name of intermediaries, corporates, individuals, brokers and miscellaneous categories are presented in annexures.