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Govt provides stock brokers flexibility in investments in group firms

Govt provides stock brokers flexibility in investments in group firms

In a major relief to stock brokers, the Ministry of Finance on Monday issued long-awaited clarification on investments and fund-based activities by brokers under the Securities Contracts (Regulation) Rules (SCRR). The amendment to Rule 8 grants brokers greater flexibility in their investments and opens up more avenues, according to market participants.
Rule 8 of the SCRR prohibits brokers from engaging in any business other than that of securities or commodity derivatives—except as a broker or agent in another business that does not involve personal financial liability.
The primary intent of this restriction was to prevent brokers from using client funds to invest in unrelated businesses, thereby safeguarding investors' money.
'The amendment says that stock brokers can invest from their own net worth or borrowed funds in group companies that are not engaged in the securities business, provided the liability is limited to the extent of the investment. It applies to all investments, not just in group companies—so it is an excellent amendment,' said Dhiraj Relli, Managing Director and Chief Executive Officer, HDFC Securities.
The Department of Economic Affairs (DEA) had held consultations with stakeholders between September and October 2024. In its consultation paper, the DEA noted that prohibiting broker investments, including in group firms, imposed 'unreasonable fetters' on the ability to use retained earnings based on commercial judgement.
'...Investments made by a member shall, at all times, not be construed as business, except when such investments involve client funds or client securities, or relate to arrangements which are in the nature of creating a financial liability on the broker,' stated the amendment.
As per the consultation paper, around 100 brokers on the National Stock Exchange (NSE) and four on the BSE were found to be non-compliant after the exchanges issued clarifications on the list of prohibited activities in January 2022.
'Given the growth in scale and interconnectedness of the financial sector, and the evolving nature of brokerage business, the DEA felt it was necessary to revisit the safeguards in the Rules to ensure they serve their intended purpose without unnecessarily constraining stakeholder activities,' the ministry noted.
Existing norms prescribed by the Securities and Exchange Board of India (Sebi) already require brokers to meet minimum net-worth criteria. These norms exclude investments in group companies from net-worth calculations and discount investments in marketable securities by 30 per cent.

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