Training Manual Standard Operating Process TSL Version 4.5 May 2011 INDEX About Tata Securities Limited (TSL)…………………………… What is Capital Market.………………………………………..……… Understanding basic concepts-(MUTUAL FUND)…………. Introduction to Insurance…………………………………………….. Pension Plans……………………………………………………………………. Dealers Code of Conduct.…………………………………………. Know Your Customers.………………………………………………. Anti Money Laundering ……………………………………………… Settlement Process.………………………………………………….. DP Operations.……………………………………………………………. Risk Management Policy.……………………………………………. Margin Trading.…………………………………………………………… Understanding Insider Trading.………………………………….. Surveillance and Trade Monitor.…………………………………. 2 About Tata Securities Ltd. Tata Securities is a 100% subsidiary of Tata Capital Tata Sons 100% Tata Capital 100% Tata Securities The Distribution & Broking Business of Tata Capital is being conducted through Tata Securities Tata Capital Tata Securities Retail Retail Finance Finance Corporate Corporate Finance Finance Distribution and Broking 1 2 Retail •MF •Equity •F&O Institutional •MF •Equity •F&O Capital Capital Markets Markets Private Private Equity Equity Wealth Mgmt Wealth Mgmt Architecture of the Distribution & Broking Business Distribution & Broking Business Unit Secondary Market Equity Broking Institutional Distribution Mutual Funds Retail TCL Office Life Ins Non Life TCL Office TCL Office Retail Assets * To be taken up after domestic business stabilizes IPOs National Network of TCL Offices India Main Office International Offices* Insurance Home loans Personal loans Retail Distribution Commercial Finance Securities broking MF & IPO distribution Auto finance Credit cards Insurance distribution Relationship Managers 1 Alternate Channels Alternate Access Channels Product Suite Branch Equity Call Center Depository Services Internet Mutual Funds Franchisee IPO External Linkages Banks Depository Exchanges RTA Data Services News Provider What is Capital Market ? What is Capital Market ? The capital market is the market for financial assets that have long or indefinite maturity. When a company wishes to raise capital by issuing securities, it goes to the primary market which is the segment of capital market where issuers exchange financial securities for long-term funds. Importance of Capital Market • • • • • • • • • • • Mobilization of savings and help capital formulation. Helps to build up huge pool of funds. Helps Industrial growth. Helps to create permanent capital. Helps allocation of resources to the most efficient companies. Helps to provide ready and continuous market. Helps to create a network of specialized services. Assistance in promotion of the companies. Pre issue and post issue management of capital. Provision of underwriting facilities. Portfolio management. Primary Market Comprises ... • The promoters of the company <new as well as existing companies issuing new shares/fresh capital for subscription to the people at large. • The intermediaries related in one way or other with the issue of this fresh capital e.g. merchant banker, underwriters, banks etc. • Public issues of government loans, company debentures, and various types of debt instruments for the first time and the investors who would subscribe to the above. Ways to Raise Capital in the Primary Market • Public issue, which involves sell of securities to members of public, is the most important mode of raising long term funds. • Rights issue, is the method of raising further capital from existing shareholders by offering additional securities to them on a preemptive basis • Private placement, is a way of selling securities privately to a small group of investors. The Secondary Market consist of • The stock exchanges wherein shares of the companies are traded. • Banks and stock exchanges, where issued is traded. • Mutual funds who collected funds from individual investors and invest them in shares and debts. • The investing public. Stock Exchanges The Secondary Market in India, where outstanding securities are traded, consists of the stock exchanges recognized by the government. The Stock Exchanges are Self –Regulatory Organizations (SRO’s) authorized by the government. There are presently 18 recognized regional exchanges (located at Mumbai, Kolkata, Delhi, Chennai and other cities) and 2 nation wide computerized exchanges ,viz, the national Stock Exchange(NSE) & Bombay Stock Exchange (BSE). INTERMEDIARIES 1 STOCK EXCHANGES 2 INVESTMENT BANKERS 3 BANKERS 4 BROKERS 5 REGISTRARS 6 CUSTODIANS 7 DEPOSITORY 8 DEPOSITORY PARTICIPANTS VARIOUS ROLES BROKER 1 2 3 4 INVESTMENT BANKING DISTRIBUTION DEPOSITORY PARTICIPANT TRADING 5 6 7 8 CLEARING MEMBER PORTFOLIO MANAGER ADVISORY MARGIN TRADING 16 Sources of Demand of funds in Capital Market • Private Sector Companies • Governments <both Central and States> • Mutual Funds • Public Sector Companies 17 Sources of Supply of funds in Capital Market • Individuals • Business Corporations • Governments • Commercial Banks • Financial Institutions • Mutual Funds • Foreign Institutional Investors • Non Resident Indians /Overseas Corporate Bodies • Provident Fund/Gratuity / Superannuation Funds • Charitable and Religious Trusts 18 SEBI • The Securities and Exchanges board of India was constituted as a regulatory authority over various constituents of the capital market in the year1988. • Though legally SEBI came into existence in 1988,it was made operational and effective from April 12, 1992 in accordance with the provision of Securities and Exchange Board Act 1992 when it was empowered to secure an autonomous position. • SEBI now acts as an apex body for governing the Securities Market in India NSE • The National Stock Exchange (NSE) was set up by IDBI and other all India financial institutions in Bombay in November 1992 with a paid-up equity of RS 25 crores. • It was set up to strengthen the move towards professionalism of the capital market as also to provide nation wide securities trading facilities to investors. BSE • Another important stock exchange is the Bombay Stock Exchange (BSE). • Over 130 Years old • The Bombay stock exchange (BSE) of India has during the last few years taken various measures to improve the quality of secondary market in India and to make India an attractive destination for both domestic and foreign investors. Important Regulations • The Companies Act, 1956 • Securities Contracts (Regulation) Act, 1956. • SEBI (Stock brokers & Sub-brokers) Rules 1992. • The Depositories Acts, 1996. • Prohibition of Insider Trading Regulations, 1992. Key developments in Indian markets • Dematerialization • disclosure based regulations • screen based trading (1993) • rolling settlement on T+2 basis • making PAN as the sole identification number • short selling • securities lending and borrowing schemes • simplification of processes • Reforms in the secondary market have focused on three main areas: structure and functioning of stock exchanges, automation of trading and post trade systems, and the introduction of surveillance and monitoring systems. • Setting up of clearing houses • Buy back of shares by Corporate • Ceiling on inter-corporate investments has been raised to 60 percent Key developments in Indian markets • Disclosure of end use of funds raised in public issue in annual statements • One-time waiver of capital gains tax for corporatization of stock broking tickets • Provision of nomination facility in share certificates • New measures of risk management system in Indian Capital market – Measures for reducing price volatility – Place circuit breakers – Intraday trading limit – Mark to market margin • Investor awareness campaign - Workshops/ Seminars Conducted by Investor Associations recognized by SEBI. SEBI has made this official site's sub domain at http://investor.sebi.gov.in/, under this campaign. TWO LAYERS Of EQUITY MARKETS 1. Primary market – An Issuer approaches the Market for the First Time 2. Secondary market – Platform provided by the Stock Exchanges to trade in the securities already issued and listed TRADING AND CLEARING MEMBER • Clearing : A process of determination of obligations of members, after which the same are discharged by settlement. • Settlement : A process of settling of transactions in securities between buyers and sellers on the stock exchange by exchange of Money and Securities respectively. TRADING AND CLEARING MEMBER • FUNDS PAY IN: – Members having purchase value more than sells have an obligation to make net payment to Clearing House through the clearing account with any designated bank. – Funds obligations are debited to members clearing accounts on T+2 at 10:30am. • Funds Pay-out – The members having more sells value than purchases receive a credit by net amount by Clearing House on T+2 at 2:30pm. Every members is required to have clearing account with exclusive with any of the approved clearing banks. TRADING AND CLEARING MEMBER • Trade confirmation: counter parties agree to terms of trade (security, quantity, price and settlement date) – Auto confirmation in electronic trading system • Obligation determination: counter parties informed about delivery/receipt obligations – Clearing Corporation (CC)- central counter party TRADING AND CLEARING MEMBER • • • • Pay-in of funds and securities: counter parties transfer funds / securities to CC. Depositories transfer securities from counter party accounts to CC CC issues electronic debit instructions to the clearing banks for payment obligations of counter parties Pay-out of funds and securities: after processing for shortage of funds/securities, CC sends electronic instructions to depositories/clearing banks for releasing pay-out of securities/funds Structure of the Depository System – Electronic Linkage Stock Exch. (CC/CH) Issuer NSDL/CDSL DP Client Clearing Member (Broker) Synopsis of Capital Market • Importance of Capital Market • Primary & Secondary Markets • Different Intermediaries • Structure of Depository System • Role of Broker 31 Understanding Basic Concepts Concept of NAV (Net Asset Value) How is NAV calculated? NAV = Net assets of the scheme Number of units of the scheme Net asset of the scheme = + + + - Market value of investments Current assets and other assets Unamortised initial issue expenses Accrued income Current liabilities Accrued expenses Concept of NAV (Net Asset Value) Why do you need to have a NAV? To inform the investors regarding value of their investment on any given day. To track investments of the investors entering and exiting on different dates. To track investments when investors withdraw in parts. Investment options offered Dividend Payout – Investors receive dividends as and when they are declared. Dividend Re-investment – Investors do not take the dividend amount out of the scheme. They re-invest the dividend that is declared back into the mutual fund at ex-dividend NAV Growth – Investors retain the profits in the fund itself and enjoys the benefits of compounding. NAV and returns on Investment options offered Particulars Growth Dividend Dividend ReOption Payout Option investment Option During NFO Base price 10 10 10 After one year 20 % Return NAV 12 12 12 Dividend declared 10% After Dividend NAV 12 11 11 No of units same same increase (1.0909 ) Cut – off timing SEBI issues regulations in this regard which are mandatory for Mutual Funds to follow. Current regulations: Purchases: All funds except liquid funds Received before 3.00 pm – prospective pricing ( End of day NAV) Received after 3.00 pm – prospective pricing ( Next business day NAV) Purchases: liquid funds Received before 12.00 noon – historical pricing ( earlier business day NAV) Received after 12.00 noon - prospective pricing ( End of day NAV) Redemption: All funds Received before 3.00 pm – prospective pricing ( End of day NAV) Received after 3.00 pm – prospective pricing ( Next business day NAV) Classification of Mutual Fund Mutual Funds Classifications Based on Charges Structure Closed Ended Fund Open Ended Fund Load Fund No Load Fund Open ended funds Open end investor can buy units or redeem units from the fund itself at a price based on the NAV per unit. The unit capital of this fund is variable. Features: • • • • • • • Always open for investors to redeem or invest Easy liquidity Unit capital keeps varying with entry or exit of investor in the fund. NAV calculated every day No fixed tenure of the scheme. No secondary market Open ended funds can sell and repurchase units at all times. Closed ended funds Closed ended funds do not allow investors to buy or redeem units directly from the funds. These funds are listed on the stock exchange, trading can be done through a stock broker ,similar to buying shares and stocks of a company. Unit Capital of a closed end fund is fixed. • • Features: It is for a fixed tenure Money is collected only during NFO Load & No Load Marketing of a new mutual fund involves initial issue expenses. These are recovered in different ways i.e. investors entry into the fund, charging a specific amount each year, at the time of investors exit from the scheme. The charges imposed on the investors to cover distribution/sales/marketing expenses are called "loads”. Funds that charge loads such as entry/exit are called Load funds. Funds that make no such charges or loads for sales expenses are called No load funds. Types of load: Entry load – A specific amount deducted at the time of investment Differed load – A fixed amount charged each year till maturity of the scheme. Exit load – A specific amount deducted at the time of redemption Load Margin added to or deducted from the Net Asset Value of the unit when units are sold or bought from the investors. If any expenditure is adjusted in NAV, it implies that it has been recovered from all the investors on a proportionate basis. Entry load: Charged at the time of entry. This would increase the price at which the unit is bought. Sale Price = NAV + entry load Exit load: Charged at the time of exit. This would decrease the price at which the unit is repurchased. Repurchase price = NAV – exit load Load regulation For open ended funds: Maximum entry load can be 7% of NAV and maximum exit load can be 7% of NAV. Difference between sale price and re- purchase price cannot be more than 7% of sale price. For close ended funds: No entry or exit load Re purchase price cannot be lower than 95% of the NAV SEBI has banned entry load for all schemes Contingent deferred sales charge ( CDSC) This kind of exit load varies with the holding period of the investor. Example: On exiting within On exiting within On exiting within On exiting within 6 month of investment 6-12 months of investment 12-18 months of investment 18-24 months of investment – – – – 3.5% 3.25% 3% 2.75% Taxation of Mutual Funds Dividend - taxation There is no tax on dividend received on units of mutual funds in the hands of investors What is dividend distribution tax? It is a tax that the Mutual fund has to pay while distributing dividends to an investor. This tax is paid by the mutual fund out of the investor’s money A mutual fund having more than 65% of its assets invested in Indian equity and equity related instruments is not required to pay dividend distribution tax. All other mutual funds are liable to pay dividend distribution tax. Dividend – taxation What is dividend Stripping? It is a phenomenon where in a large number of investors buy units just before the record date and sell them immediately after the record date. This results in a short term capital loss which is used to off-set any short term capital gains. Further dividends being tax free he saves on tax over all. Section 94 (7) of Income Tax Act, 1961 prohibits this. If a person buys units within a period of 3 months before record date and sells the same within a period of 9 months after such date (i.e. 6 months post the dividend declaration),then the loss arising from such buying and selling shall be ignored, upto the value of dividend income exempted. Concept of capital gains What is Capital Gain? When an investor sells units at a NAV higher than the NAV at which they were purchased the transaction of sale involves CAPITAL GAIN. Types of Capital Gain: Long Term Capital Gain – Investments held for more than 12 months Short Term Capital Gain – Investments not held for more than 12 months. Capital gains - taxation Mutual Funds can be classified as Equity Oriented Mutual Funds Others Taxation of Equity Oriented Funds Indian Equity >65% Income from Dividends Tax in the hands of investors Tax Free Income from Capital gains Dividend Distribution Tax NIL Short Term 15% Long Term Tax Free Taxation of Other Funds Others Income from capital gains Income from dividends Tax in the hands of investors Tax Free Dividend distribution tax Individuals & HUF 14.025% Others 22.44% Short Term As per Tax Slab Long Term Two Options 10% without indexation 20% with Indexation Concept - Indexation What is indexation? Indexation is a method of computing the capital gains based on the concept of time value of money. Particulars Captial Gains Option 1 (Without Indexation) Sale Price per unit Purchase price per unit Capital Gain per unit Units Capital Gains Tax rate Tax Amount 30.000 20.000 10.000 1,000.000 10,000.000 10% 1,000 Year of purchase Number of units purchased Year of sale Cost of inflation index 1998 - 99 2000 - 01 Option 2 (With Indexation) Amt (Rs.) 30.000 23.314 6.866 1,000.000 6,866.000 20% 1,373.20 1998 - 99 1000 2001-02 351 406 20 x 406 351 Classification based on Risk & Returns Classification based on risk and returns Equity fund: A scheme that invests a predominant portion of its funds in equity and equity related instruments. This fund exhibits attributes such as high risk, high return, high volatility etc. Debt fund: A scheme that invests in debt instruments. Balanced fund/Hybrid Funds: A fund that invests a comparable portion of its capital in debt and equity is known as balanced fund. Equity Markets & Mutual Funds The equity market Mutual fund mangers invest only in market traded stocks. Growth Stocks: Potential for growth in sales and earnings. Pay little or no dividends. Prefer to invest profits in the business for further expansion. Value Stocks: Overlooked by other investors. Have hidden value. Price beaten down due to some bad event. Stocks which are undervalued. Cyclical Stocks: Show cyclical behavior Performance moves up and down, following cyclical changes in economic variables. Classification based on Market Capitalization In equity markets, the size of the company is determined by the market capitalization of that company. Market capitalization = market value of shares x number of shares REVISED SEGERAGATION ON THE BASIS OF MARKET CAP. W.E.F. 31ST MAY, 2010: TINY CAP SMALL CAP MID CAP LARGE CAP GIANT CAP < OR = Rs. 120 Cr. < OR = Rs. < OR = Rs. < OR = Rs. > OR = Rs. 2557 Cr. BUT > Rs. 120 Cr. 16246 Cr. BUT > Rs. 2557 Cr. 51050 Cr. BUT > Rs. 16246 Cr. 51050 Cr. Various kinds of equity funds A simple diversified equity fund: This fund invests in equity across all sectors It invests in primary and secondary markets for equity. Investment may be based on some pre determined criteria or on the basis of market capitalization (like large cap fund / mid-small cap fund etc.) Sector specific fund: This fund invests in securities of a specific sector. It can exhibit very volatile returns. It is not as diversified as simple equity fund. Various kinds of equity funds Thematic Funds: This type of fund has its investment objective based on a certain theme (e.g.: Infrastructure fund) It focuses on investing in stocks which adhere to the theme, but might be from different sectors (Infrastructure fund – power, road, railway, Infrastructure finance companies etc.) Risks are higher than diversified funds but lower than sector funds. Index Fund: This type of fund is based on passive style of fund management. It focuses on creating a portfolio that replicates a market index. Lower costs involved. Lower risks involved. Debt Markets & Mutual Funds The Debt market Debt instruments issued by Central and State Governments, public sector organizations and private corporate. Issued by Central and State Governments and public sector organizations = Bond Issued by private corporate = Debenture In India trading in debt instruments is dominated by government securities. Market players in debt markets include banks, institutions, mutual funds, primary/satellite dealers all governed by RBI/SEBI. Classification Based on tenure: Short-term bond Medium-term bond Long-term bond = maturity < 1 year = maturity 1 – 5 years = maturity > 5 years Based on Frequency of interest payment: Periodic interest quarterly, Discounted Bond – Interest payment on periodic basis like monthly, semi-annually or yearly. – Bond issued at a discount to its face value. Type of Interest: Fixed interest bonds – Rate of interest is fixed before hand and would remain same for the whole tenure. Floating rate bonds – Rate of interest is not fixed but linked with a benchmark rate, like MIBOR Types of Debt instruments Certificates of Deposit- These are issued by scheduled commercial banks excluding regional rural banks. Bank certificate of deposits have a maturity period of 91 days to one year. Commercial Paper- This is a short term unsecured instrument issued by corporate bodies to meet short term working capital requirements. Maturity varies between 3 months to 1 year. Corporate Debentures- These are issued by manufacturing companies with physical assets, as secured instruments in the form of certificates. Floating Rate Bonds- These are short to medium term interest bearing instruments issued by financial intermediaries and corporations. The maturity of these bonds is 3 to 5 years. Government Securities-These are medium to long term interest bearing obligations issued through the RBI by the government of India and state governments. Treasury Bills- These are short term obligations issued through the RBI by the Government of India at discount. These are issued for 91 days and 364 days. Bank/FI Bonds- These are certificates issued by the Financial Institutions such as IDBI/ICICI/IFCI or by Commercial Banks. Public Sector Undertakings(PSU) Bonds- These are medium and long term obligations issued by public sector companies in which the government shareholding is greater than 51%.Some PSU bonds carry tax exemptions. Features Principal (face value) - This is the amount borrowed. Interest (coupon) - This is the compensation paid to the lender. Maturity (tenure) - This refers to the term of the bond. Period after which the borrower will return the principal amount. Call or Put options - These options are included in some bond contracts which allows the issuer to redeem the bonds before maturity. Various kinds of debt funds Debt funds can be classified as under: Diversified debt fund Gilt funds High yield debt fund / Junk debt funds Liquid & money market mutual fund Floating rate debt fund Various kinds of Hybrid Funds Balanced/Hybrid funds can be classified as under: Monthly Income Plans Capital Protection Schemes Capital Protection Oriented Schemes Flexible Allocation Funds Different Types of Investment Plans Systematic Investment Plans- This plan requires the investor to invest a fixed sum periodically which lets the investor save in a systematic and phased manner. Systematic Withdrawal Plans – This plan allows the investor to make systematic withdrawals from his fund investment account on a periodic basis thereby providing the benefit as regular income. SWP’s are different from Monthly Income Plans, as the former allows the investor to get back the principal amounts invested while the latter only pay the income part on a regular basis. Systematic Transfer Plans- This allows the investor to transfer on a periodic basis a specified amount from one scheme to another within the same fund family. Rupee Cost Averaging • • • • Regular investing works on the principle of rupee-cost averaging It means buying more units when the prices are low and fewer units when the prices are high This helps to average out your purchase price For example Equity investing is not about timing the market but time in the market… Month Amount Invested (Rs.) Purchase Price (Rs.) No. of Units Purchased 1 2 3 4 1,000 1,000 1,000 1,000 10 9 10 11 100 111.11 100 90.9 Total Investment = Rs. 4,000, No. of units purchased = 402.01. Average cost per unit = Rs. 9.95 < 10 Advantages of SIP It helps avoid investing large sums in volatile and overheated markets It forces the investor to commit investments in any market scenario It instills discipline – forced saving It allows investments of small amounts (as low as Rs 500) It is easy to understand and operate Calculation of Returns Methods of calculating returns For period less than a year: Percentage change in NAV method Simple total return method Return on investment method ( ROI ) ( Total return with dividend re-investment method) For periods of a year or more: Compounded annual growth rate( CAGR) Percentage change in NAV Absolute change in NAV in rupees = closing NAV – initial NAV Percentage return (change in NAV) = Absolute change in NAV x 100 Initial NAV Annualized return = Absolute return x 12 No. of months Simple total return method Both dividend and change in NAV is added to get the return. Absolute returns = dividend + change in NAV (closing NAV – initial NAV) Dividend with re-investment method In this method we assume that the dividend is re-invested in the same scheme at the ex-dividend NAV and the returns are calculated accordingly. Return ( Absolute) = Final value of investment – opening value of investment Final value of investment = final units x closing NAV Final units = Initial units + new units on re-investment New units received on re-investment = Returns (%) = Absolute return Initial investment Dividend ex-dividend NAV x 100 Compounded Annual Growth Rate (CAGR) We use this method to find out the returns if the period is greater than one year. CAGR = [(A/P)1/n] - 1 A = Final Amount P = Initial amount N = Number of years e.g.: 01 Jan 04 – NAV 10 31 Dec 05 – NAV 14 A = 14, P= 10 and n= 2 CAGR = [(14/10)^(1/2)]-1 CAGR = 18.32% INTRODUCTION TO INSURANCE What is Insurance ? • Insurance - A promise of compensation for specific potential future losses of insured by insurer in exchange for a periodic payment (premium) • Premium Payable - periodical amount that the insured needs to pay to the insurance company to enjoy the benefits of the insurance policy • Sum assured - amount for which the insurance cover is taken • Death Benefit - amount received from the insurance company on the death of the insured • Maturity benefit - amount received on the maturity of the policy • Riders - additional benefits that are added on to an insurance policy to make it more compatible to the needs of the policyholder Why Insurance ?? Life is Uncertain Provides regular income Protects your family from risks Reduces the burden of liability Protect one’s assets against financial loss Principles of Insurance • Insurable Interest – Person effecting insurance must have financial interest in the insured • Utmost good faith- Duty of assured to make full disclosure to insurer w/o being asked of all material circumstances • Indemnity- Financial compensation to place the insured in same pecuniary position after occurrence of loss that was enjoyed before the loss • Subrogation-Transfer of rights of insured to insurer; not applicable in life policies • Contribution-Sharing of loss by all insurers; not applicable in life policies • Proximate Cause : Efficient cause which brings about a loss with no other intervening cause which breaks the chain of events. Types of Insurance • Life Insurance - Insurance co. pays at the demise of policy holder or at the time of maturity • Health Care Insurance – Insurance against loss by illness or bodily injury; provides coverage for medicine, visits to doctor, hospital stays & other medical expenses • Accidental Insurance – Insurance providing compensation for accidental injury or death Types of Insurance • General Insurance – Insurance related to various potential losses (excluding life insurance) – Motor (Car & Two-wheeler) – Property (Home) – Travel – Fire – Marine – Others Life Insurance Plans • Term Plan – Provides death cover only during policy period – Premium is low – No refund of premium – Sum assured is paid on death • Whole Life Policy – Death cover only – Premium is low & paid during life time – No refund of premium – Sum assured is paid on death Life Insurance Plans, Contd. • Endowment Plan – Covers death & survival benefits – Sum assured plus additions & bonus (if any) paid on death or on maturity of policy, whichever is earlier – Period of policy at the option of proposer – Most common plan • Money Back Plan – Covers death & survival benefits – Inflows at regular intervals – Full sum assured paid on death, with additions & bonus, if applicable Life Insurance Plans, Contd. • Unit Linked Insurance Plan = Investment + Insurance – Each premium split into units for investment and risk premium for life cover – Units are priced as per their current market value – Sum assured and/or current value of units is paid on death as per policy condition – Current value of units is paid on maturity – Flexibility to switch between funds where investment is made Health Care Insurance • Medical Insurance – Individual Mediclaim: Covers the hospitalization expenses for an individual for up to the sum assured limit – Group Medical Insurance : Insurance cover applied for by the employer with insurance co. – Overseas Medical Insurance • Critical Illness Insurance – Provides guaranteed cash for a premium if the insured is diagnosed with any of critical illness. • Unit Linked Health Plans – combines health insurance with investment and pays back an amount at the end of the insurance term – Returns are dependent on market performance – very new and still in development phase Tax Implications Of Insurance Insurance Type Insurance Component Tax Provision Max. Amount Life Insurance Sum received on Maturity / Death Tax Exempt u/s 10(10D) Full Amount Life Insurance Tax Deductible u/s 80C; max Premium Payment deduction under this section is Rs. 1lac Health Insurance Premium Payment Tax Deductible u/s 80D Full Amount -Rs.15000/- for assessee/family -Further Rs.15000/for parents (Rs. 20000/- if Senior citizen) Milestones in Indian Insurance Industry • Till 2000, two state-insurance cos. LIC and GIC were the monopoly insurance (both life and non-life) providers in India • 2000: – Indian Parliament cleared a Bill de-linking the four subsidiaries from GIC. – A separate Bill was approved by Parliament to allow brokers, cooperatives and intermediaries in the sector – GOI liberalized the insurance sector with passage of IRDA Bill – IRDA started giving licences to private insurers and also allowed foreign investment with cap of 26% Milestones in Indian Insurance Industry • 2001: Royal Sundaram Alliance first non life insurer to sell a policy • 2002: – Banks allowed to sell insurance plans – As TPAs enter the scene, insurers start setting non-life claims in the cashless mode • 2007: First online insurance portal set up by an Indian insurance broker • 2009 :Total number of life insurers registered with the Authority were 23, while, total number of general insurers registered with IRDA were 22 Highlights of the present • According to the Life Insurance Council, Indian life insurance industry is the fifth largest life insurance market growing at a rapid pace of 32-34% annually • Total premium collected by the life insurance industry increased 13% to US$ 41.05 billion in calendar year 2010 • According to data released by IRDA, gross premium collected by general insurance industry increased 22.76% YoY to US$ 5.29 billion during April– October 2010 • Indian health insurance market is emerging as a new and lucrative growth avenue for both the existing players as well as the new entrants • Vast number of uninsured population and under/over insurance cover of many • Untapped potential of general insurance • Increasing financial literacy about insurance Regulation in Indian Insurance Industry • Two legislations govern this sector – The Insurance Act- 1938 and the IRDA Act -1999 • IRDA (Insurance Regulatory And Development Authority) is the controlling and regulatory apex body for insurance industry in India with the mission “To protect the interest of the policy holders, to regulate, promote, and ensure orderly growth of the insurance industry” • Requires stringent capital insurers adequacy and solvency margins for Players in Insurance Industry Choose the Right Insurer Focus on strength, integrity and performance of the insurer through its • Approach to risk management - Insurer should have a prudent approach • Ownership – Sovereign guarantee/ private entity set up with only Indian promoters/ JV between Indian co. & foreign partner • Capitalization Ratio – Indicator of co.’s ability to ride out uncertain economic times • Premium Persistency – Percentage of renewal premiums that are paid by policyholders • Ratings – Expected to be rated in the future • Growth of Surplus – Enough capital to grow the business, increase its strength and be competitive • History & Track record – Promoter’s pedigree, performance of ULIP funds & variants within, size of business in terms of renewal premium Correct Insurance Plan for you !! How much Life Insurance do you need? Depends on – • Goals & Objectives • Life Cycle Stage (single, married, married with young children, married with grown up children, retired) • Age, number & needs of dependants • Relevant particulars of existing life insurance policies (type, tenor, benefits, premium payable, insurance cover) • Financial Positions (annual income & expenses, outside liabilities, investment & savings) • Investment Preferences General Rule of thumb: Insurance cover of First life insurance policy to be at least 5-10 times of your annual income Insurance Mantras • Assess your life insurance requirements… DON’T UNDERINSURE • Research on various types of life insurance plans, additional benefits, or riders; Compare similar plans across the various insurance companies • Understand the extent of Life Insurance cover, the exclusions for the insurance plan and the riders that you select • Fill the insurance proposal form yourself • DO NOT provide your agent with a signed, blank form. • Be truthful when filling the form as you or your nominee could lose the benefits from the policy in case you misrepresent facts • Take policy from the right insurer for the amount that is right for you Pension plans Pension Plans • Pension plans (retirement plans or Annuity) help individuals build a retirement corpus by one time investment or by regular investment • On maturity this corpus is invested for generating a regular income stream, which is referred to as pension or annuity • Most life insurance companies give option of receiving monthly/quarterly /half – yearly pension • Pension Fund Regulatory & Development Authority regulates pensions in India • Age of entry (18-65), vesting age(40-79), life cover, availability of riders, minimum annual premium and tenure depend on the plan • Offered by various life insurance companies Features of pension plans • Maturity Payouts – On maturity, individual has the option of withdrawing up to one forth of the maturity amount in cash • Death Benefits – Nominee has the option of receiving the entire amount on maturity in cash and buying an annuity with the same but all pension plans don’t offer a life cover • Tax Benefits - Premium payments towards pension plans are eligible for deduction under Section 80CCC; the limit being set at Rs 10,000. This deduction falls under overall limit of Rs. 100000 under Section 80C • Taxation of Maturity Payouts - Up to one third of the maturity amount, which can be withdrawn, is treated as tax free in the hands of the individual. Pension, from the remaining two-thirds amount, is taxed according to the marginal rate of tax. • Income Stream – Provide a regular source of income by way of annuities on maturity Types of Pension Plans • Life Cover – With Cover – Offers an assured life cover in case of eventuality – Without cover – No sum assured; corpus built till date (net of deductions like expenses and premiums unpaid) is given to nominees in case of eventuality • Annuity – Immediate annuity - Pension commences within one year of having paid the premium (which is usually a one-time premium). – Deferred annuity plans – Pension does not commence immediately; it is 'deferred' up to a time, which is decided upon by the policyholder • Investment made under pension plans – Conventional - Major portion of premium is invested in bonds & Gsecs – Unit Linked – Market linked plans which invest a portion of premium in stock market apart from bonds & G-secs; impose various charges – Mutual Fund – Similar to MFs, these offer lumpsum withdrawal or regular income post retirement Options available to individuals on pension plans • Lifetime annuity without return of purchase price: Individual receives pension for as long as he lives. The pension ceases on occurrence of an eventuality and the insurance contract comes to an end. • Annuity for life with a return of the purchase price: Individual receives pension till he is alive. In the event of an eventuality, the maturity amount(basic sum assured plus the bonuses/additions, if any) of the annuity is paid out to his nominees/beneficiaries • Lifetime annuity guaranteed for a certain number of years: Individual receives a pension for a certain number of years (as prescribed by the plan) irrespective of whether he is alive for the said period or not. If he survives the period, he continues to receive pension for the rest of his life, else at the end of the period, annuity ceases and the pension plan draws to a close • Joint life/ Last survivor annuity: Individual receives a pension till he is alive. In case of an eventuality, his spouse receives the pension Pension Mantras • Contribute early and regularly • Choose the right plan – see return on investment, viability of the plan and promoter’s track record • Have an exit strategy in case of unexpected need of cash • Don’t borrow money so that you can begin retirement planning immediately • Don’t pump money into your retirement account blindly NEW PENSION SCHEME-CONCEPT Promoted & Regulated by the Government of India Earning pension during old age for Non-government sector Social Security Measure Eligible for tax exemption under section 80CCD read with Section 80CCE of the Income Tax Act, 1961 KEY STAKEHOLDERS • Points of Presence (POP): Points of presence (POP) are the first points of interaction of the NPS subscriber with the NPS architecture. The authorized branches of a POP, called Point of Presence Service Providers (POP-SPs), will act as collection points and extend a number of customer services to NPS subscribers. • Central Recordkeeping Agency (CRA): The recordkeeping, administration and customer service functions for all subscribers of the NPS are being handled by the National Securities Depository Limited (NSDL), which is acting as the Central Record keeper for the NPS. • Pension Funds (PFs)/Pension Fund Mangers (PFMs): The six Pension Funds (PFs) appointed by the PFRDA would manage your retirement savings under the NPS • Trustee Bank: The Trustee Bank appointed under NPS shall facilitate fund transfers across various entitles of the NPS system Vis., PFMs, ASPs, Subscribers etc. Bank of India (BOI) has been appointed as the Trustee Bank. Annuity Service provider (ASP) ASPs would be responsible for delivering a regular monthly pension to you after your exit from the NPS • NPS Trust: A Trust, appointed under the Indian Trusts Act, 1882 is responsible for taking care of the funds under the NPS in the best interests of subscribers. • Pension Fund Regulatory and Development Authority (PFRDA): An autonomous body set up by the Government of India to develop and regulate the pension market in India. WORKING • Permanent Retirement Account Number(PRAN) Allocated to you, • You contribute a certain sum every month during your working years, • It is invested according to your preference, • Choice of Fund Manager with you, • You can then withdraw part (60%) of that money when you retire (60 years), • Annuity for the period you live from the remaining amount. INVESTMENT OPTIONS – ASSET ALLOCATION Active choice option (Customer allocates) CLASS RISK PROFILE G Ultra Safe Will only invest in Central and State government bonds. C Safe Fixed income securities of entities other than the government Medium (50% Max.) Investment in equity related products like index funds that replicate the Sensex. However, equity investment will be restricted to 50% of the portfolio. E DESCRIPTION Auto Choice (Fund Manager Allocates) Allocation as per pre-defined criteria Depending on Age Higher Age – Lower risk and vice versa PENSION FUND MANAGERS • Customer HAS to select one of the following fund managers: LIC Pension Fund Limited SBI Pension Funds Pvt. Limited UTI Retirement Solutions Limited IDFC Pension Fund Management Co. Limited ICICI Prudential Pension Funds Management Co. Limited Kotak Mahindra Pension Fund Limited Reliance Capital Pension Fund Limited TIER I & TIER II ACCOUNT • The primary difference – Allowing withdrawal of money before retirement. • NPS Tier I OR PENSION Account (Started since 1 May 2009) Contribute your savings for retirement into a non-withdrawable a/c. Minimum Contribution – INR 6000/- per annum. Before 60 years Amount to be invested in IRDA regulated life insurance company nnn for getting Annuity Rest of the amount After 60 Years In case of Death Min. 80% Min. 40% Min. 0% (Nominee’s choice) Lump sum Lump sum OR Phased manner upto 70 years Lump sum TIER I & TIER II ACCOUNT (Contd…) • NPS Tier II OR SAVINGS Account (Started since 1 Dec 2009) Voluntary savings account form which you are free to withdraw your savings whenever you wish Minimum Account Balance @ end of Fiscal Year – INR 2000/ Tier I account pre-requisite for opening this account One-way transfer from Tier II to Tier I is possible. Minimum Contribution – INR 1000/- per annum. CHARGES • Annual Fund Management Charge – 0.0009% • Approximately 800 times lower than MF TAX TREATMENT • FOLLOWS THE “EET” STRUCTURE Which means the amount received at maturity (60 Years) would be taxable NPS could thus become competitive after Direct Tax Code is implemented • DTC would follow the EET structure for PPF, Life Insurance, ELSS etc. REFERENCES (NPS) • http://www.kotak.com/bank/personal-banking/investments/newpension-scheme.html • http://www.kotakpensionfund.com/newpensionsystem.html Dealers Code of Conduct Integrity & clarity Don'ts: Do’s: • Deal honestly, ethically and fairly with their clients. 1. Do not take unfair advantage of any client through • manipulation, • concealment, • misuse of privileged information, • misrepresentation of material facts or • any other unfair-dealing practice Confidentiality Do’s: Don'ts: 1. Treat as confidential all nonpublic information provided by a client, prospective client or third party. 2. Use non-public or proprietary information only for the specific business purposes for which the information was given 3. Disclose unpublished or proprietary information, only to persons who have a "need to know" the same 4. Keep clients' identities confidential 5. Store documents containing sensitive information in secure locations away from areas where they may be read by unauthorized persons 1. Avoid discussing sensitive information in social gatherings or public places 2. Do not use non-public or proprietary information regarded as confidential for personal benefit or gain. 3. Unauthorized disclosure of any confidential information is prohibited. 4. Do not buy, sell or recommend a security while having knowledge of or being in possession of unpublished material or proprietary information regarding the security or its issuer Confidentiality Contd. Don'ts: 1. Don’t use speakerphones in circumstances where confidential information may be overheard, 2. Note that mobile telephones must be used with great care because they are not secure and conversations may be overheard 3. Avoid sending confidential information by fax unless the intended recipient confirms that 1. (i) he is present to receive it personally; and, later (ii) he has received the message. Proficiency Do’s: 1. Improve existing skills and be alert/ cautious to reduce punching errors to the minimum 2. Learn, know and understand the regulations as applicable to trading. 3. Provide best execution in terms of price, timing, and quantity 4. Maintain the sauda book/order book for the executed trades simultaneously. Be aware of your client Do’s: 1. Be aware of facts and circumstances that may either show that : a) the information provided by the client is incorrect or b) that the basis of the Company’s acceptance of the client has changed in as much as the client is associating with persons/ entities on the defaulters’/ banned lists of SEBI/ Stock Exchanges or c) The Client is involved in criminal activity or d) Is acting as a front/ conduit for persons barred from transacting in the securities market or for persons who are illegally transacting in violation of their internal rules viz. fund managers, employees of other securities companies. 2. In all such cases, the concerned staff must immediately inform the supervisor and the Compliance Department 3. Ensure that the client’s name does not appear on the list of entities prohibited from accessing the securities market as per www.watchoutinvestors.com, before execution of orders for a client Disclosure requirements Do’s: 1. Incase of derivative transactions it is your duty to disclose the special risk structure (not applicable to any specific risks inherent in individual securities transactions. ) 2. Explain to clients exceptional risks of the transaction (Eg:- where the risk potential exceeds the common risk level of purchase, sale and holding of securities of the client) Recommendations & Information 1. If the client is to rely upon your recommendation, do so only if you have reasonable grounds to believe that the recommendation is suitable for such a client 2. To decide suitability, use facts obtained from client (his own security holdings, financial situation and objectives of such investment) 3. Do not provide clients with such information relating to a security that cannot be verified by the clients before their dealing in such security Managing of Conflicts of Interest A conflict of interest occurs when personal interest interferes, or appears to interfere, with the interests of the Company and the clients • Act in the best interests of the Company and the clients. • Refrain from engaging in any activity or having a personal interest that presents a “conflict of interest.”. Gifts and Gratuities Do’s: Don'ts: 1. Accept only items of nominal value as gifts from any client or other related person. 2. Any gifts that are not of nominal value should be returned immediately and reported to immediate supervisor. 1. Dealers must not accept, or permit any member of his/her immediate family to accept, any gifts, gratuities or other favors from any client or other person- which are of high value (i.e. more than a nominal value) Clients’ complaints resolution Don'ts: Dos: • Address clients’ in a polite manner. • In case of any complaint regarding any trade, immediately inform his/her supervisor and the compliance department. • Cooperate with the Company in resolving the complaint. • • Do not use any vague language Do not use slangs or abusive language Print & Communication Do’s: 1. 2. Only authorized personnel may speak with the Press after obtaining prior approval from the Compliance department Make any general comments (public or private) , in good faith, in regard to– – the economic policy of the Government; – the economic situation of the country; – trends in the securities market; – any other matter of a like nature; Don'ts: 1. 2. 3. Do not grant interviews or make any statements on television without the written approval of the Designated Officer in Corporate Communications. Do not render any advice in publicly accessible media about any security unless a disclosure of your, your dependent and the employer’s interest (long/short position) in the security has been made. Do not circulate any correspondence or literature designated as ‘For Internal Use Only’ or any interoffice memorandum to any individual outside the firm without prior approval of the departmental head. Trading rules Do’s: 1. 2. 3. 4. 5. Don'ts: All clients must be treated fairly and equally. Trades should be done in client’s account only on the basis of instructions received from the client on recorded line. Orders received by the dealers should be received only on the landlines in the respective branches / franchisee offices and should be recorded in the IVR system. Orders received should be reconfirmed with the client before placing in the system. Where client couldn’t call up on recorded line but had requested for placing the order in his account, client’s approval will be sought through recorded line before placing the trade in client’s account. 1. Do not engage in any transaction on behalf of a client without appropriate confirmed instructions. 2. No trading should be allowed in derivatives without explaining the concepts and risk involved in derivative contracts (leveraging) 3. If internet trading clients are trading thru call and trade facility, do not ask/attempt to get user id/password from the client 4. Use of mobile phones in dealing rooms is not permitted. It is strictly prohibited. Trading Rules Contd. Don'ts: Do’s: 6. 7. Intimate clients about the trades, post trading session through recorded line. Order placed by client and Trade confirmation shall include all details like scrip, quantity, rate for each buy and sell etc. 8. Back-up of the IVR recording to be provided to the Compliance / Surveillance Department on a weekly basis. 9. Any deviations in the IVR recording and the trades executed to be reported to the concerned Branch Manager/ Compliance Department 5. Do not allow clients to enter into dealing room/operate the terminal. 6. Do not give your user ID and password to any person or leave it unconcealed in such a manner that the same can be misused. 7. Do not guarantee against losses to clients in any transaction or agree to provide any reimbursement of losses. Trading Rules Contd. Do’s: Don'ts: 10. For clients personally visiting the branch/sub broker office for trade, fill in deal slip and it should be signed by both the client and dealer. 11. In all such cases, post trade confirmation thru recorded line is a must and the note the time and number 12. Maintain a summary of the deal slips generated and forward all such deal slips to Operations for safe keeping & for use in case of any dispute 13. Accept the orders only after confirming the genuineness of the client in whose name account has been opened. 14. Accepting orders from the person other than client/authorized person will be treated as serious violation 15. In case client has authorized some one else to trade on his behalf e.g. wife, brother etc…authority letter must be in place. 8. No promises/predictions of any sort on prices of securities or on items that may influence the price of securities should be made to any person. 9. Do not engage in any transaction that is not recorded on the books of the Company. 10. Do not exercise any discretionary authority with respect to any transaction in a Clients’ account 11. If suspicious that any client is acting against market interest with regard to price discovery, ramping up volumes or the like, without actual transfer of interest in the securities, do not place such trades and bring this to the notice of Branch-in-charge/ Compliance department Trading Rules Contd. Don'ts: Do’s: 16. If it is necessary for a client to call on the dealer’s mobile phone, the number is to be kept forwarded to the landline phone available in the dealing room. 17. In exceptional cases, use of mobile phone in dealing room can only be with the written permission of the compliance head. 18. Only use the designated user ID. No dealer is permitted to use the user ID of another dealer. 19. Lock/sign out the terminal while leaving your seat during market hours 12. Do not indulge in trades, which are designed purely to convey an impression of trading volumes, with or without price movement, and are not a genuine trade. 13. Do not put trades when suspicious that the client is placing simultaneous opposite orders with another broker 14. Do not accept any request for time gaps between order entry and trade execution, client should place orders in the normal course only. Trading Rules Contd. Do’s: 20. Don'ts: Exercise due caution while placing trades in low volume and illiquid scrips, to prevent clients from using the Company in any attempt to influence prices. 21. Ensure that the client does not indulge in price manipulation of any securities at any time. 22. Be cautious about trades at prices substantially away from the last closing price/ prevailing market prices. 15. Do not place such orders where an inference can be made that the orders are for testing price 16. Do not place trades of small quantity for the purpose of price discovery or otherwise and ensure that the client order is reflected in full. 17. Do not deliberately transfer one client’s trade to another client for any reason whatsoever. 18. Under no circumstances, without prior approval, switch off any voice recording machine Trading Rules Contd. Do’s: 23. Exercise due care and caution when options trades are entered into the system at prices, which vary considerably than the present intrinsic value at the given point. 24. Be cautious about clients who take bullish and bearish view on the same scrip, place multiple unrelated trades with delivery, or break up quantity while trading. 25. Bring such instances to the notice of the Branch-in-charge and Compliance department. Trading Rules Contd. Do’s 26. Bring to the notice of the supervisor and Compliance department, if any client is indulging in frequent cross transactions. 27. Immediately bring to the notice of their Branch Manager, if the client is a member of a stock exchange or closely related to a member either as a dominant shareholder, director, partner, close relative etc. 28. Speak to clients’ only through recorded lines. 29. Be careful about clients’ shifting trades to the other accounts of the client or relatives or associates 30. In case of any error in execution of a trade, immediately bring this to the notice of the Branch Manager and ensure that the trades are taken to house account, after obtaining necessary approvals. Trading Rules Contd. Dos: 31. If on leave hand over clients with their positions to a designated person. 32. Inform leave details, contact numbers to the designated person and also inform the clients the designated person’s contact numbers. 33. It is mandatory to take the qualifying certification exam and to keep its validity renewed from time to time. 34. Ensure that any tracking and surveillance software uploaded on their computer is activated at the start of each trading day. 35. Bring to the notice of the Branch Manager if the voice recording machine is not in a working condition. Dealers- Institutional Do’s- Additional Provisions: 1. 2. 3. 4. 5. 6. Prepare/update restricted list on daily basis before market opens for trading Put all scrips under ‘restricted list’ in which buy/sell order is received/pending for execution, if the value of order is in excess of Rs. 25 lacs or it is in excess of 10,000 shares Record all incoming/outgoing phone calls of dealing room, operation department and Compliance Department during market hours. Make buy/sale calls only if it is backed by research. Explicitly clarify to the client if the buy/sale call is based on personal judgment or from other sources. Make appropriate disclosure if the buy/sale call is based on ‘visit note’ only and it is not backed by full research Unfair Trade Practices Don'ts: 1. Do not report trading transactions to his clients entered into on their behalf, in an inflated manner in order to increase his commission and brokerage 2. Do not be involved in any Circular transactions in respect of a security, entered into between intermediaries in order to increase commission to provide a false appearance of trading in such security or to inflate, depress or cause fluctuations in the price of such security 3. Do not encourage the clients to deal in securities solely with the object of enhancing his brokerage or commission 4. Do not predate or falsify records such as contract notes 5. Do not indulge in or facilitate buying or selling of securities in advance of a substantial client order or whereby a futures or option position is taken about an impending transaction in the same or related futures or options contract 6. Dealer should not indulge in planting false or misleading news which may induce sale or purchase of securities References: SEBI (Stockbroker and Sub-broker) Regulations Stock broker’s Code of Conduct - 1992 SEBI (Prevention of Fraudulent and Unfair Trade Practices) Regulations - 2003 SEBI ( Prevention of Insider Trading) Regulations - 1992 Prevention of Money Laundering Act Know Your Customers Account opening Process INDIVIDUAL INVESTORS Identity Proof Address Proof Passport PAN CARD Voter ID Card Driving license Latest Landline Telephone Bill Latest Electricity Bill INCOME PROOF Passport Copy PAN card with Photo Latest Bank Passbook / Statement Photo Identity card ** Voter ID Driving License Ration Card Rent Agreement Photo Id card with address ** NRI Identity Proof Address Proof PAN CARD Copy of PIS** Foreign Address Proof Verified by Indian Embassy / Consulate HUF Identity PAN of HUF Bank Passbook/ Statement Karta Identity Proof Declaration Address Proof Same as Individual By Karta MINOR Minor PAN of Minor Birth Certificate Photograph with Guardians signature Guardian Identity Proof Address Proof Same as Individual Photograph COMPANIES PAN Certificate of Incorporation Memorandum & Articles of Association. Resolution of the Board of Directors Authorizing the investment Power of Attorney granted to managers, officers, employees to transact business on its behalf Note:Certified Copies of all PARTNERSHIP FIRM PAN Card Copy Certificates of Registration ( for registered Partnership Firms) Resolution and Authority to invest Power of Attorney Authorized Signatories List Partnership Deed Note:Certified Copies of all Trusts, foundations, NGO’s Charitable Bodies, Clubs/Mutual Fund PAN Card Copy Certificates of Registration ( for registered Trusts) Authorized Signatories List Trustee Mandate with Name, address and signature Authorizing any or all trustees to invest Note:Certified Copies of all Mandatory • Occupational details of individual clients • Financial details in the form of income range • Client should declared his Investment/trading experience • Client should be personally known to the broker or introduced by a person known to the broker. • PAN Number for Trading in Cash and F & O segment • Multiple client accounts are not permitted. • Income Proof • KYC of Introducer • In case of Third Party address KYC Of Third Party 140 Mr. Ramesh S. wants to open a Demat account with TSL. He has a few questions? 1. What is KYC and why do we need to do this? 2. He wants to know what are the documents you would require from him for KYC? 3. Would KYC be just a one time activity ? Is KYC a One-time activity • The answer is a straight “NO” • Model client-broker agreement makes the knowledge of genuineness of the client and his financial soundness a continuing obligation on the broker. • Exchange Circular on due diligence makes the broker responsible on continuous basis to analyze the financial soundness, investment objectives and trading pattern of the client. 142 What is Money Laundering? Metaphor “Money Laundering” means ‘Cleaning of Money’ with regard to its appearance. Dhobi or a laundry do they wash your dirty cloths and make it clean likewise money which is not legally owned or is earned without paying taxes is considered ‘Black Money or Illegal Money’ Money Laundering is nothing but converting illegal money into legal money by circulating through various financial transactions using banks and other financial institutions so that it appears to be legally acquired. Money Laundering involves – Transactions intended to disguise the true source of funds – Disguise the ultimate disposition of funds – Eliminate Audit Trial – Make it appear as though the funds came through legitimate sources – Evade Income Taxes Money Laundering Cycle Illicit Activities Placement... You might be part of this Integration Layering... You might be part of this Clients of Special Category (CSC) • • • • • • • Non resident clients High net worth clients Trust, Charities, NGOs and organizations receiving donations Companies having close family shareholdings or beneficial ownership Politically exposed persons (PEP) of foreign origin Current / Former Head of State, Current or Former Senior High profile politicians and connected persons (immediate family, Close advisors and companies in which such individuals have interest or significant influence) Companies offering foreign exchange offerings Clients of Special Category (CSC) • • • • Clients in high risk countries (where existence / effectiveness of money laundering controls is suspect, where there is unusual banking secrecy) Countries active in narcotics production, Countries where corruption (as per Transparency International Corruption Perception Index) is highly prevalent, Countries against which government sanctions are applied, Countries reputed to be any of the following – Havens / sponsors of international terrorism, offshore financial centers, tax havens, countries where fraud is highly prevalent. Non face to face clients Clients with dubious reputation as per public information available etc Money Laundering RED FLAGS • RED FLAG issues- mean transactions which may indicate possible money-laundering activity. • These are examples/pointers of the transactions that the Dealer should be extremely cautious of, if he comes across them. • Report immediately to the Branch Manager and the Compliance Department. • Any negligence or violation of anti money-laundering guidelines may result in serious action against the Dealer, by the Company’s management. Money Laundering RED FLAGS Few Money Laundering “Red Flags” 1. Sustained activity in new accounts. 2. Clients in high-risk jurisdictions or clients introduced by banks or affiliates or other clients based in high risk jurisdictions. 3. Substantial increase in business without apparent cause. 4. Requests for transfer of investment proceeds to apparently unrelated third parties. 5. Unusual transactions by CSCs and businesses undertaken by shell corporations, offshore banks /financial services, businesses. 6. Engaging frequently in transactions that lack business sense or apparent investment strategy, or are inconsistent with the customer’s stated strategy. 7. Client (or a person publicly associated with the client) having a questionable background or being subject of news reports indicating possible criminal, civil, or regulatory violations. Money Laundering RED FLAGS 8. Client exhibiting a lack of concern regarding risks, brokerage, or other transaction costs. 9. Client appears to be acting as an agent for an undisclosed principal, but declines or is reluctant, without legitimate commercial reasons, to provide information or is otherwise evasive regarding that person or entity. 10. Clients’ account has unexplained or sudden extensive activity, especially in accounts that had little or no previous activity. 11. Client requests that a transaction be processed in such a manner to avoid the firm’s normal documentation or surveillance requirements. 12. Client maintains multiple accounts, or maintains accounts in the names of family members or corporate entities, for no apparent business purpose or other purpose. Settlement Process OPERATION MANUAL Transaction Process Settlement Mechanism for Market Transfers Assumption: 1. Clients and their CMs have common DPs 2. CMs have given standing instruct for credits to Pool A/c CC Settlement A/c Note: Funds transfer takes place outside the NSDL System CC Transit A/c 6 7 NSDL/CDSL Funds pay-in to CC/CH Funds pay-out by CC/CH 5 4 8 Pay-in of securities Receipt 3 Pay-out of securities 9 CM1 Delivery Pool A/c DP1 Receipt 1 2 Issuer/RTA 10 CM2 Delivery Pool A/c 11 10 DP2 Data Downloaded Seller’s BO A/c Pay-in Instruct CM1 Debit Instruct Funds Buyer’s BO A/c 12 Selling Client 1. Debit instructions by selling client to DP in favor of his broker (CM1) 2. Transfer by DP to CM1 Pool A/c 3. Pay-in instruction by CM1 to DP 4. Transfer from CM1 Pool a/c to Delivery a/c 5. Transfer from Delivery a/c to CC Transit a/c 6. Transfer by NSDL from CC Transit a/c to CC Settlement a/c Credit Instruct Buying Client Pay-out Instruct Funds CM2 7. Pay-out from CC Settlement a/c to CC Transit a/c 8. Transfer by NSDL from CC Transit to CM2 Receipt A/c 9. Auto transfer from Receipt a/c to CM2 Pool A/c 10. Pay-out instr. by CM2 to DP – Credit instr. by BO to DP 11. Transfer from CM2 Pool a/c to Buying Client’s BO A/c 12. Download to Issuer / RTA 154 Mechanism of Off-Market Transfers Matching of Instructions NSDL/CDSL 2 DP1 3 2 Securities debited DP2 Securities 4 credited Issuer/RTA 5 Intimation of Debit 1 Debit Instructions Selling Client Data Downloaded 6 1 Credit Instructions 5 Intimation of Credit Buying Client 1. Selling client gives debit instructions to his DP – Buying client gives credit instructions to his DP. (Buying client may have given standing instructions for credit to his DP in which case credit instructions will not be required) 2. NSDL matches instructions entered by both DPs 3. NSDL, on successful matching of instructions, authorizes transfer of securities. The selling client’s account is debited while the buying client’s account is credited 4. Intimation of debit and credit are given to the selling and buying clients by the respective DPs 5. Download of the transaction is sent to the Issuer / RTA 155 Back office Operations: Primary Responsibility: Generation of contract Notes, Trade Settlements (Pay in, Payout of Normal & Auction Settlements). Handling Share Error Secondary Responsibility (Support function) : KYC activity (Equity & Dp account opening), Depository Services, Funds processing. Software The entire Back Office process is operated through a Software called “Precision” developed by TCS Ltd hereinafter referred to as “Precision”. This will also have interface with “Matrix” software for front end (Equity & F& O product), with DP Secure for Depository Business and also with Banking channels. 156 Activities Activity Day Trading Rolling settlement trading T Clearing Custodial Confirmation T+1 working days Delivery generation Settlement Post settlement Securities &funds pay-in T+2 working days Securities & funds pay-out T+2 working days Valuation of shortages based on At T+1 closing closing prices prices Auction T+2 working days Auction settlement T+3 working days Basic Activity of the Back office: Trade Management and information to the Clients: Central Operation team is responsible for download of all the transactions (retail/ institution) from the front end Software. In case of institutional trades, it is further necessary to verify with the dealer to process the STP and to send the same to custodian for confirmation. Settlement Officer will download the required file from BSE/ NSE terminals and the extranet provided by the NSE. The files will be downloaded as per the timing specified by the exchange. In the exceptional scenario where the primary link does not work, there is a fall back option to download the data from the Exchange. In case of BSE there is a back up link in place and for NSE, lease line & VSAT both the connections are available to download the data. Trade file can be processed on intraday basis, in case of requirement for Institutions. 158 Contract Note: Once the trade file is uploaded in the system, the Settlement Officer generates the contract note. i. ii. Generation of contract note/e-contract note. CNs should display Transaction ID, Trade ID, and Time when transaction was executed. iii. CNs to be issued to all clients within 24 hours of execution of trade. iv. Duplicates of CN should be maintained for a period of at least 8 years. v. Acknowledged copies should be maintained, where possible. The same should be stored at corporate office. vi. After the contract note processing the ENDORSER facilitates sending econtract note through email to all the clients. vii. Cases where the physical contract notes has to be delivered, the same is generated in physical form signed by the authorized signatory and forwarded to centralized dispatch cell for dispatching to clients. viii. For the purpose of the delivery confirmation of contract note to the clients the courier company will give the Acknowledgements (POD) to TSL. All POD s will be maintained at centralized dispatched cell. 159 The Contract note processing Steps: 1. The Settlement Officer downloads trade data for each respective exchange i.e. Broker Query File from Bolt for BSE trades and the Online file from FTP server for NSE trades. 2. In case of Institutional trades, the data is downloaded from the BOLT & NEAT terminal. The institutions trade and the conditions related to the brokerage, STT, and service tax will be verified by Settlement Officer with the Dealer as per Deal Sheet before the contract note process. 3. The Institutional settlement officer will follow-up with the local custodian for confirmation of trades. Trade Amendments are required to be received within stipulated time (before 4.00 pm) to allow the Back office to ensure that all trade amendments are entered in the admin terminals of the NSE (Please refer the Share Error & Trade Modification document) 160 Settlement Process of Shares • This process begins with updation of exchange data files, and culminates with Bills / final obligation being posted in the client’s ledger. It is pertinent to mention here that in the T + 2 settlement scenario no bills are dispatched to the clients. The contract note itself is treated as bill for all practical purposes. Pay in and Pay-out of shares • The Back Office Head assigns the responsibility of ensuring accurate and timely Pay-in and Pay-out of shares to two designated Officers. Primary Responsibilities Coordinating with TSL’s DP / Clients to ensure timely Pay-in and Pay-out Follow-up on shortfalls from client or exchange 161 Pay-in of Securities • After Contract generation, system will calculate the Client’s closing position. • Run Auto Inter settlement process to adjust BTST positions. Process normal payout. • Process security pay-in to meet sell obligation (Process will automatically transfer the blocked securities, from clients DP a/c to TSL pool a/c,) • After adjusting the stocks from portfolio a/c/ withhold a/c. settlement officer will send a mail to Branch informing the sell shortage • Release excess holds on a daily basis. • The pay-in securities will be available in Pool a/cs and available for exchange pay-in. • Any short fall in pay-in the Back office officer will communicate to branch/ Risk manager on the same day by e-mail and also on T+1 day. 162 Payout of Securities • Import of payout file received from exchange to a back office system • All payout received in NSDL A/c. will be transferred to CDSL pool a/c for the settlement purpose. • Run withhold process which will ensure the stock blocked against the debit balance. • Withhold stock to be transferred to the TSL Beneficiary a/c. • Generate payout file and send it to DP for actual payout. • On specific client’s request for hold back of payout, officer will transfer the payout stock to portfolio a/c. • If the stock is not received under normal payout, client will get the delivery in auction settlement. • Further, if the stock is not received in Auction settlement the client will get the Sq off Credit against his purchase. 163 Fund Processing - Pay-in of Funds – Cheques should be collected in favour of Tata Securities Limited only and deposited in designated bank a/c given by Fund Settlement team. – No cash should be accepted from clients – Third party cheques are not to be accepted . – Cheque’s received from clients should come from designated bank account which is mapped in Precision. – Details of cheque collected should be sent to Fund Settlement team by mail or fax with cheque copy immediately. – Fund Settlement team will verify details received from Branch and check with Precision – If any objection is there then reply to Branch will be sent with reason. – After clearance of funds ,confirmed from bank statement, mail will be sent to RMS for limit up date and entries are uploaded in Precision. – Clients should not be encouraged to pay funds by DD. In certain cases DD will be accepted with a declaration in specified format (Annexure IV) Fund Processing - Pay-out of Funds Contd. • Client will request payout of funds to respective Branch officials. ( Format Annexure III) • Branch officials will send payout request mail to RMS team before 5 p.m to be processed on same day. • In case RMS approve the payout request during market hours, RMS will reduce the available limits • RMS will check payout request and confirm to process payout request to Fund Settlement team before 5.30 p.m with cc to Branch official. • Fund Settlement team will release cheques, post entries in Precision and will dispatch the cheques • For clients having bank accounts with HDFC ,ICICI,IDBI,SBI(Core Location) and Axis Bank funds will transferred by net banking facility.(List will be changing as and when arrangements are made) Collateral Handling Process where the client is having a TSL DP a/c and transferring the stock from his beneficiary a/c to TSL collateral a/c • On confirmation of client, dealer creates collateral hold on the client’s DP a/c for the said securities and the client gets the online exposure on the same if the scrip is updated in the Matrix for collateral by Risk Manager. After market hours branch will send the email to back office executive to transfer the said stock to collateral a/c • End of the day Risk manager sends a list of collateral hold created from front office system to the Back office executive • On receipt of the mail, Back office executive transfers the hold stock from client beneficiary a/c to TSL Beneficiary (Collateral) a/c. by using the POA. • Client gets the exposure on the said stock on next working day through BOD process 166 Process where the client wants to transfer the stock from his TSL portfolio / Withhold a/c to TSL collateral a/c • On Clients confirmation, dealer sends a request to Risk manager to transfer the stock from the portfolio a/c or withhold a/c to our collateral a/c. • Risk manager verifies the exposure/Debit, if found ok sends the request to Back office executive • Back office executive transfers the stock from the portfolio a/c/ withhold a/c to collateral a/c • Client gets the exposure on the said stock on next working day. 167 Process where the client is having a DP other than the TSL • Client transfers the stock directly to TSL collateral a/c. and informs to the branch. • Back office executive at HO ensures that the stock is not third party • Branch sends a mail to risk with certain details (i.e. client Id, client name, scrip name & quantity) the same to risk. • On basis of the mail received from the Risk department Back office executive updates the collateral stock in the precision. • Client gets the exposure on the said stock on next working day. 168 Synopsis of Process Settlement • Security Processing & Fund Processing •Payout of Securities & Pay in Securities 169 Share Trade And Trades Amendments: Share Error: • During the course of trading where dealer commits any mistake at the time of placing an order, we need to take that specific trade in our a/c i.e. in share error a/c. • It is a responsibility of dealer to inform Branch Head/ Compliance/ Risk Manager in case of any share error trade. • Once the trade is ratified as shares error by the authorized person, the same will communicated to the operation team. In case of NSE, the Dealer should communicate the Share Error to the Operations team on the day of error through email (with approval of branch head/ risk head) latest by 3:45 p.m. • In case of BSE, the Dealer should communicate the Share Error to the Risk Team on the day of error through email (with approval of branch head/ risk head) latest by 3:15 p.m. to facilitate the trade modification in the Post closing session (i.e. between 3.30 pm to 3.45 pm) of BSE. • This will facilitate operation team to carry out client code modification and move the trade in shares error a/c. 170 Trade Amendments 1. Trades that need to be shifted from one account to another would fall under this category. E.g.: A dealer has put wrong accounts while placing the order. 2. All such trade corrections (Exchange wise) need to be documented, have the approval of the Branch Manager and should be forwarded to Back Office. 3. In case of BSE Trade amendment, the same is taken care by Risk Department Cell ( refer BSE Share error Process). In case of NSE trade amendment, the request should reach (after requisite approval) back office before 3.45pm so that Settlement Officer can make the necessary changes and can report the same to NSE before 4.30.P.M. 171 Trade Amendments Contd. 4. If a trade correction is requested after the specified time, Settlement officer will not accept the trade modification request from the dealer, as we will not be able to give the contract note for the same. 5. Even the exchange reporting cannot be done after the given time. In case of such acceptance after the specified time, such transaction can be reversed through accounting entry (Journal Voucher). 6. The Settlement Officer will need to handle the deliveries manually as the trades will remain in original client a/c. As an additional check the Settlement Officer will maintain the records in Excel sheet for reconciliation. 172 DP operations DP Manual Introduction: • Tata Securities Limited (TSL) have the membership of Central Depository Services India Limited (CDSL) and National Securities Depository Limited (NSDL). • Depository Participant Module (CDAS/DPM) for CDSL/NSDL is located at TSL-Andheri office. • Branches will be connected through Back office software, namely DP Secure. • Only those branches will be connected to DP, who are having NCFM/BCCD qualified staff. • Depository functioning is governed by rules/ regulations of SEBI Depository Act, 1996 and Bye-laws of respective Depository i.e. CDSL/NSDL. • Depository Participants (DP) are acting as agents of Depository. 174 Database Maintenance • Client data is maintained primarily at two place i.e. depository and depository participant. • The master data name / ISIN master / settlement master etc., is maintained at Depository end. • Data with regard like addition of script for demat / change in to client holdings / transactions executed on day to day basis is entered and updated in back office software at Depository Participant end. • The exchange of data / information between depository participants and depository takes place on continuous basis. • As BOD activity DP’s will update its data base by exporting the master data from Depository. • During the day and at EOD, DP’s will update the data base with Depository by importing data from their back office to depository. 175 Account Opening:Activities at Branch Activities at HO./AO Cell at Kolkata 1) Do the in-person verification. 1) Inward the documents. 2) Verification of original documents along with KYC. Affix stamp “ verified with original “, signature of the authorized signatory on the AOF and supporting documents, with employee Id & date 2) PAN checking on I.T .Website. 3) Scrutiny of documents with AOF 4) Rejection to be informed to branches 5) Account opening Put “PAN VERIFIED “stamp on PAN copy. 6) Sending CML to client. 6) Tariff sheet to be attached with AOF with signature of all the holders. DIS book will be sent to client’s Address. 7) The AOF will be sent for scanning. Copy of cancelled cheque. 8) AOF will be stored with outsource company after Audit. 3) 3) 4) 5) Keep the inward and outward register. 6) Verify the franking validity. 7) Collect initial DP charges. 8) Enter in SAGE CRM and send to HO. 176 Dematerialization Activity at Branch Activity at HO. 1) On receipt of shares please check availability of Active ISIN on DP Secure system after that please check the name of the company on CDSL/NSDL pending list which is available on CDSL/NSDL Website. 1) Inward the documents. 2) Scrutiny of DRF 3) Rejection to be informed to Local TSL office’s 4) DRF Processing 2) Check the holders signature and 5) combination 3) Check the face value 4) Put the stamp of “ Surrender for Sending DRF & DRN to respective RTA. 6) Follow up with RTA for rejected DRN. dematerialization“ and date of receipt on DRF 5) Deface the share certificates. 7) 8) Follow-up for pending DRN DRN rejected by RTA should be updated in DP Secure and to be forwarded to Client’s address. 6) Keep the inward and outward register 7) Enter in SAGE CRM AND send to HO. 177 Demographic Changes Activities at Branch Activities at HO. 1) Accept the request in respective formats, duly filled and signed. 1) Inward documents 2) Scrutiny of documents. 2) Affix the branch seal and sign. 3) 3) Collect the required proof, self attested. Rejection will be send back to Branches. 4) Request’s will be process. 5) In case of change of address CML will be sent to old and new address. 6) In other cases CML will be send after effecting the changes. 7) Signature will be updated in DPSecure after change of signature. 8) Documents will be filed, and after the audit it will be sent to go-down for safe keeping. 4) 5) In case of change of address and change of signature please collect identity proof. Verify the original documents and then affix verified with original stamp on the Xerox copies. 6) In case of change of signature Bank attestation is must. 7) Enter in SAGE CRM AND send to HO. 8) Inward/outward register to be maintained 178 Settlement:Activities at Branch 1) On receipt of instruction from client please check the signature of all the holders and ensure that DIS is filled in all respect. 2) Check the settlement No. & DP outstanding dues. 3) 4) 5) Put the date & time stamp with signature on both the copies of DIS & also put the late stamp if applicable on both the copies of DIS. Enter the DIS in DP Secure (Maker) and forward the same through Fax/Scan to HO. Send the original DIS to HO with Daily report from DP Secure by retaining one copy with the Local TSL office. Activities at HO. 1) On receipt of Fax/Scan instruction DIS the HO will authorize the same, In case it require Value authorization the same will be done from HO. 2) In case of Dormant account HO will take an additional precaution with additional check. 3) HO will generate the batch from time to time and upload the same in CDAS. 4) Ho will also update the status of instructions 4 to 5 times a day. 5) Ho will reconcile the DIS received from Local TSL office’s for safekeeping and Audit. 179 DIS Issuance Activities at Branches Activities at HO ON RECEIPT OF REQUISITION: 1) HO will inward and do the scrutiny of requisition slip 2) If rejected then it will be inform to Local TSL office. 3) The new DIS book will be issued to Client and will be forwarded to client’s address directly. 4) In case of lost DIS, HO will block the slips in DP Secure system. 5) DIS register will be maintained at HO. 1) 2) 3) On receipt of requisition slip, pl. check the signature (of all the holders) from DP Secure. Establish the identity of client before sending the DIS requisition to HO. Maintain inward/outward register. ON RECEIPT OF REQUEST LETTER 1) On receipt of request letter for want of fresh DIS Book, pl. check the signature (of all the holders) from DP Secure. 2) Establish client identity by doing Inperson verification on PAN card copy and then send the request to HO. 180 Other Services:• Branch will accept other request from client such as Account Closure / Demat Request / Remat Request / Transmission after due verification and forward to HO. • If the documents are in order, HO will execute the clients request • Rematerialization :– Rematerialization is the process where shares converted into electronic mode can be reconverted into physical share certificates. • Pledge :– Pledge is the instruction where client can pledge his shares to another depository account holder with same depository or with client having account with another depository. In case of pledging, shares will be lien marked in the pledgor’s account, but will not moved out of pledgor’s account to pledgee’s account till pledgee proposes invocation instruction. • Demographic Changes.-Such as Change of Address, change in Bank details, change of signature etc. • Account Closure.- With or without stock in the account & Waiver. Transmission 181 Regulatory Requirements at Corporate office • Transaction statements will be generated on monthly basis, and the same will be forwarded to clients through email. • Investor Grievances (IG-Report) to Depository. • Handling of Internal & Concurrent Audit queries. • Audit reports to be submitted in stipulated time to respective authorities. • Filling of MIS reports to Management. • Record Maintenance. 182 Synopsis of Database Maintenance • Database Maintenance • Activities at Branch & HO 1. Account opening 2. Dematerialization 3. Demographic Changes 4. Settlement 5. DIS Issuance 183 Risk Management Policy Risk Management Policy for Derivatives and Cash Market Contents 1 Introduction and Scope of the policy 2 Margin Policy 3 Exposure Policy 4 Blow out policy 5 Debtor and Recovery Policy 185 Introduction and Scope of the policy Introduction “The Risk Management policy will serve as a guide to the organization in the practice of efficient risk management.” Scope Market Risk Management Domain of Tata Securities Limited (TSL) Owner • Risk Control Committee (RCC) • Member of RCC: Chief Executive Officer (CEO), Equity Head, Compliance Head, Chief Financial Officer (CFO)-TSL & TCL ,Risk Head, Chief Risk Officer-TCL, Head Operations 186 Client Categorization TSL Clients Retail: HNI Individuals Trust HUF and Corporate Institutions: Financial institutions (FI’s) Foreign institutional investors (FII’s) Mutual Funds (MF’s) Banks and Insurance Companies. PSU’s 187 Margin • Forms Of margin Securities Deposit (SD) Margin Clear Fund Margin Available = Clear Fund + Stock 188 Collaterals valuation Flow Stock from Clients Transfer to collateral A/C Collateral values Application of Valuation factor Collateral Margin Available Sum of collateral value available as margin 189 Margin Requirements (Cash Segment) • Client needs to pay: Based on the Quantitative and Qualitative criteria of TSL, Risk Management identifies the securities eligible for margin trading. In various scenario the below margin will be required for trade: – 25 % Margin for stock eligible for 4 Multiple – 33% % Margin for stock eligible for 3Multiple – 50 % Margin for stock eligible for 2 multiple – 100% Margin not falling in above criteria of TSL 190 Quantification of Margin Requirement (Cash) • Cash and Carry Trades: – Margin Required = 100% of transaction value (Cash/DP) + Brokerage and extra charges • Margin Trades: – Margin Required = (Margin specified by TSL) % * (Traded Value + Exchange Pending Value) – Intra Day Margin Trades :2,4,6 times as per Scrip Profiling • T2T Stock: – Margin Required = 100% of transaction Value + Brokerage and extra charges. 191 Margin Requirement (Derivatives) • Span & Additional Margin: Client need to pay upfront Span + Additional Margin as specified by exchanges/ TSL • Premium: Upfront premium required in case of option buy position • Intra Day Margin :For specified clients ,having 15 Lakhs Net Worth and 5 lakhs Annual Income 50 5 of Span. • M2M Margin: – Client expected to pay MTM losses to hold the position after certain level – Only clear fund will be considered 192 Quantification of Margin Requirement (Derivatives) Futures trades • Margin Required = {(Total traded value + Exchange pending order)*(SPAN + Additional margin)} + Brokerage + Statutory charges Option Trades • Fund Required = Premium/ Margin + Brokerage + Statutory charges 193 Fund/ Securities collection Online Fund Transfer Offline Cheque Mode Securities Transfer • Immediate Fund upload for trade • Clear Fund: Fund upload for trades • Securities Received by TSL in collateral Account • Unclear Fund: exceptional limit upload based on conditions • Limit upload after valuation 194 Conditions for exceptional limit • Conditions for Exceptional limits: – Trading history for three months • Process of granting Exceptional Limit – Approval as per approval matrix – Upper cap of Exceptions: • Client wise up to Rs. 50,000 • Branch wise ceiling Rs. 5,00,000 • Company level ceiling 10% of the net worth based on audited financial statement 195 Unclear fund authorization matrix Amount Up to 50,000 Initiator Reviewer Zonal Head Approver Equity head Risk Head (TSL) > Rs 50k and up to Rs 2 lac Zonal Head Business Head 196 Exposure Policy Cash market: • Multiple of 4, 3, 2 and 1 times of Margin available • The multiple is subject to change from time to time • No exposure allowed in Z group Stock’s • Trade allowed in T2T Stock against 100% margin • Liquidation at 70% margin erosion Derivative market: • Liquidation at 70% margin erosion • No fresh exposure allowed in securities in Ban Period 197 Margin Calls EOD/BOD Margin shortfall • Margin shortfall calculation basis exchange specification • Shortfall report will be provided to Branches' on daily basis • RM will review the Shortfall report and take action Intraday margin • MTM will be monitored by Risk Manager on real time basis • Customer care will inform the Client regarding shortfall • Mode of collection: – Online transfer – DD with Self declaration letter of client for ownership of fund with bank statement 1 198 Blow out of position (Due to MTM Loss) MTM Loss 50% of Margin • Intimation to Branch MTM Loss Beyond 60% of Margin • Reminder to Branch about MTM MTM Loss Beyond 70% of Margin • Liquidation of Position 199 Blow out of position (Due to Debit) Settlement Debit (T+2) • Intimation to Branch T+3 Days • Reminder to Branch about Debit T+5 Days • Liquidation of Position 200 Blow out of position (Intraday trades) 3.00 PM • Cancellation of pending order 3.05 PM • Fresh Sq-off order placement 3.15 PM • Liquidation of Position 201 Debtor and Recovery Policy Settlement Debit • BM’s will initiate the settlement debit recovery process on daily basis • Liquidation of Stock by Risk management on default by clients in term of Settlement and cheque bounce. • In case of Cheque bounce: – The client to be put on blacklist in case of second instance of cheque bouncing in span of 3 months. – RM’s will Initiate recovery by informing BM’s giving three days notice to recover – On clients default RM initiate action with consultation of RM 202 SUSPENSION, DEACTIVATION AND RE-ACTIVATION OF CLIENTS • Client whose account is in debit will be temporarily suspended for trading. The account will be activated by RM after the Client funds the debit amount. • The clients will be deactivated for trading based on intimation from Regulators or where Management feels in prudent that the Account be either suspended or deactivated. 203 Margin Trading Introduction • Margin Trading product -Within the framework of SEBI guidelines in both exchanges NSE and BSE in Cash Segment • Maximum allowable exposure for Margin Trading –Not to exceed the borrowed funds and 50% of Net Worth. • Prior approval of both the exchanges. Prerequisites • To start with Margin Trading an application has to be submitted to exchanges. • A separate agreement will have to be signed by client for availing the Margin trading and should be registered client of TSL in cash market segment. • Declaration from client to be obtained whether he has availed of any margin trading facility from any other broker and No-objection certificate in writing from other broker/s if availed. • Client should open a separate DP A/c along with and POA with TSL. Objectives • Margin Trading facility -Offered by TSL to clients wherein client pays only part of the amount(50 %) due from him towards his Securities purchase obligations with the balance(50%) being financed by TSL. • The rationale -Client's portfolio will grow in value at a greater rate than the cost of borrowing, while (financer) TSL earns interest on the amount lent to client. Features • Margin Trading product -Will be offered to TSL clients in Cash Segment on both the exchanges. • Margin Trading facility will be offered in all the securities eligible for margin trading facility as may be prescribed from time to time by SEBI/Stock Exchanges and TSL RCC policy. However the same will be restricted to the scrips approved by RCC (Currently 366 Scrips). • By availing the facility of Margin trading, a client can obtain finance up to an extent of 50% of the value of the stocks and the maximum tenure will be 60 days. • Initially Overall limit for Margin Trading will not exceed Rs 3 crores and exposure to any single client at any point of time will be restricted to Rs 25 lakhs. • Clients have to make initial margin payment to an extent of 50 % of the contract value before the execution of the trades • Maintenance margin for the client will be 40%, calculated as a percentage of the market value of the securities, calculated with respect to the last trading day’s closing price, to be maintained by the client with TSL, to be paid in cash. • Margin calls will be made to the clients for payment of the additional margin to TSL . • The interest rate for Margin Trading would be 14% p.a. for clients giving cash margin up to Rs 10 lakhs and 13% p.a. for clients giving cash margin above Rs 10 lakhs. • The interest will be charged on monthly basis / closure date and calculation will be on T+2 day. Control Measures • Margin trading facility will be given to clients after checking fulfilled criteria of CIBIL and Dedupe. • Risk for Margin trading product is comparative less as 50% margin is collected upfront basis. • On daily basis interest calculation report client wise, securities wise and days remaining for each funded scrips will be generated • TSL will liquidate the securities: if the client fails to meet the margin call made by TSL or fails to remit the amount on the day immediately following the day on which the margin call has been made or where the cheque delivered by the client has been dishonored Reporting and Disclosure of exposure • TSL to disclose to the stock exchange/s details: Gross exposure including name of the client, PAN, name of the scrip Name of the lender and amount borrowed if the TSL has borrowed funds for the purpose of providing margin trading facility, before 12 noon on the following day • TSL to submit to the stock exchange a half-yearly certificate, as on 31st March and 30th September of each year, from an auditor confirming the net worth. Such a certificate shall be submitted not later than 30th April and 31st October of the year. • Client will be able to view holdings for designated DP A/c along with Beneficiary DP A/c. Understanding Insider Trading Topics to be addressed • Background of Code of Conduct for Insider Trading • Purpose • Definition • Applicability to TSL • Terms explained • Grey List • Pre Clearance Procedure What is Insider Trading? A definition Insider trading means dealing in Securities of a company by its Directors, Employees or other Insiders based on unpublished Company. Price Sensitive Information of such Why a Code of Conduct for Insider Trading? • Good Corporate Governance practices • Ethical Behavior • Protects the interests of the Investing Public • To meet the statutory requirements of SEBI What Constitutes Insider Trading? Information about a Company regarding… • acquisition and divestiture of businesses or business units • financial information such as profits, earnings and dividends • announcement of new product introductions or developments • asset revaluations • investment decisions/plans • restructuring plans • major supply and delivery agreements • raising finances The above list is not exhaustive. Background of Code of Conduct for Prevention of Insider Trading…. The Securities and Exchange Board of India (SEBI), in its endeavor to protect the interests of investors in general, has formulated the SEBI (Prohibition of Insider Trading) Regulations, 1992 under the powers conferred on it under the SEBI Act, 1992. The Regulations deal with trading by directors / employees / other insiders in the stock of their own Company based on insider Price Sensitive Information available. Applicability to TSL • Not applicable to TSL from that point of view… • However, TSL in the business of providing:Financial Services (such as stock broking, Depository Participant, distribution of mutual fund products, research and advisory services). Hence, there is a likelihood of the Directors / Officers and Employees of TSL being in possession of Price Sensitive Information in respect of listed certain companies with whom it has dealings. Definition of some terms…… Price Specific Information (PSI): means any information, which relates directly or indirectly to Other Companies and which, if published, is likely to materially affect the price of the Securities of such Companies. Insider: means any person who, is or was connected with the Company and / or other Companies or is deemed to have been connected with such companies, and who is reasonably expected to have access to unpublished PSI in respect of Securities of such companies, or who has received or has had access to such unpublished PSI. Definition of some terms……cont’d Inside Areas: Compliance Officer: Those areas of the Company which routinely have access to confidential information. CFO / Company Secretary / Senior Officer appointed by the Board for implementing and overseeing compliance with the Regulations and the Code across the Company... Unpublished Information: means any information which is not disclosed / disseminated/published by the company or its agents and not specific in nature. Note: Speculative reports in print or electronic media is not considered to be published information. PSI Includes i. Periodical audited or unaudited financial results; ii. Intended declaration of dividends (both interim and final); iii. Issue of securities or buy-back of securities iv. Any major expansion plans or execution of new projects; v. Amalgamation, mergers or takeovers; vi. Disposal of the whole or a substantial part of the undertaking; vii. Any significant changes in policies, plans or operations of the company; The Concept of ‘Chinese Wall Policy’ • A policy aimed at segregating Inside Areas from Public Areas. • Main aim:-to protect PSI from the public domain. • Ensures secrecy of PSI. • PSI can be divulged to Public Areas (known as ‘over the wall’) on a need to know basis. Inside Area Outside Area What is the ‘Grey List’? •A list maintained by the Compliance Officer. Prepared when TSL has access to PSI of such a Company. The Grey List will contain names of securities when……. Important criteria TSL is preparing Research Reports on such companies Any activity carried out in the TSL Research Department which may give them direct access to unpublished information of a Company. Discussions / negotiations for investments, acquisitions, matters relating to capital markets are under process with TSL. Preparing appraisal reports. Handling any assignment for a listed Company. ‘Grey List’ & its effects • Maintained confidentially by the Compliance Officer. • Has the effect on dealings of all employees including those in the Research Department. • Trading blocked or disallowed at the time of pre-clearance. Discussion on Pre Clearance 1) What is pre-Clearance? 2) When is required to be obtained? 3) The Pre-Clearance Process What is Pre Clearance? Written permission from Compliance Officer by Specified Persons for dealing in Securities The value of the deal > Rs. 5 lakhs (per security) per annum. Points to note: 1) Applicable to Employee & his / her dependants. 2) Also applicable on aggregate basis i.e. if dealing > Rs. 5 lakhs in total in a financial year. 3) Not applicable to Investments made under the ‘discretionary portfolio management service agreement’ with a Portfolio Manager. Pre Clearance – How to go about taking permission… • The Compliance Officer to give permission to deal in such securities. • Permission to be granted after satisfaction of clear intent. Compliance Officer (for approval) E-Mail @ Along with necessary documents tsl.preclearance@ tatacapital.com Pre-Clearance How to go about taking permission…. Necessary documents (1) Application (Annexure#4 of the Code of Conduct) (2) Declarations, Indemnity Bond & other paper documents as maybe prescribed by C.O. from time to time. Pre Clearance – What you need to do. • Signing of Acknowledgement & Undertaking (Annexure~1 of Code of Conduct) • Filing of declaration in 21 days of joining service (Annexure~2 of Code of Conduct) Annexure 1 & 2 of Code of Conduct • Submission of biannual statements of transactions and holdings in Securities obtained from the depository participant, for the period ending 30th June and 31st December. (Annexure 6 of Code of Conduct) To be filed < 21 days from the end of the period to which the statement pertains. Annexure~6 Other Important points relating to Insider Trading / Pre Clearance……… • • • • Compliance Officer consent / rejection <= 1 day. Dealing in pre-cleared security < 1 week Holding Period = 30 days (minimum). Research Department No dealing During preparation of reports + 30 days. Penalties for contravention of Code • Penal Action as per Law + Wage Freeze / Suspension • SEBI can also take legal action against offending employee. • 15G of SEBI Act – Penalty of Rs. 25 crs / 3 × times profits from Insider Trading whichever is higher!!! • Section 24 of SEBI Act – Imprisonment upto 10 years & or fine of Rs. 25 crores. Insider Trading Provisions Do’s 1. 2. 3. 4. Don'ts: Any employee wishing to establish and maintain a trading account to hold such account inhouse. Complete all Account Opening Formalities Policy extends to employeerelated accounts( the employee’s spouse, children, or any other individual which an employee controls or in which an employee has a beneficial interest.) Required to submit such declarations/ undertakings on periodic basis ( currently biannual) as per TSL Insider Trading Policy 1. Day Trading / Trading in F&O segment is prohibited. 2. Periodically, the securities of a company may be put on a Restricted List. Employees are not permitted to transact in these securities during this period. 3. Inside areas will be segregated from public areas. Do not communicate any PSI to anyone in public areas. 4. Do not use the PSI to deal in securities for yourself or related person. Insider Trading Provisions Dos: 5. 6. 7. 8. Maintain confidentiality of all unpublished price sensitive information (UPSI) coming into your possession or control. UPSI shall be disclosed only to those persons/ within the Company who need to know the same during the course of performance of duties. Obtain pre-clearance of trades from the Compliance Officer. Dealings upto Rs. 5 lakhs in the value of each scrip in the Financial year are accepted Violations to the policy may result in account closures, and/or termination of employment. Surveillance – Trade Monitor Brief Overview Trade Monitor is designated to monitor the clients trade on various parameters. Trade Monitor requires the client list, daily trade date, daily Bhavcopy, FNO lot size file and optionally few other files as input to generate information. Reports and alerts can be generated for a selected period. Trade Monitor does not create any new data. The purpose is to track the respective trades done by TSL in Cash segments – BSE & NSE FNO segments – NSE Various Reports generated by Trade Monitor Low Price Scrip: TSL clients trading in scrip priced below the parameter price entered by user. Trades as High/Low: TSL clients trading in scrip priced at the market high or low as per the bhavcopy rates. Market Volume Concentration: TSL client trades per day in a scrip exceeds the % selected by the user. Option to filter to the % of the firm volumes is also available Trading pattern scrutiny: Buying and selling summary scrip wise during the selected period. Intraday Trades: TSL clients buying and selling a scrip on a day, with option to filter to clients booking profit or loss. BTST: List of clients who have bought a scrip on a day and sold it on the next trading day. Dealer trading pattern: A percentage of total dealer trades (total of all TSL clients linked to the dealer as per the client master) resulting in delivery and trading Selected Clients: Finds the trades done by a pre selected list of clients, or a particular client selected at report generation or all clients of a particular category. Selected Scrip: Find the clients who have traded in a pre selected list of a scrip, or a particular group. Matched trades: The report identifies a matched trade based on the trade number. The match may be occur between 2 different clients or the same client. The report further locates if there was a subsequent reversal of the earlier transaction Single leg trades: TSL clients only buying or selling a scrip on day where the High/low swing exceeds a selected % and also the clients trades exceeds a selected % of the exchange turnover. Trading v/s delivery: A percentage of total client trades resulting in delivery and trading . Trade in low volume scrip: Find a list of clients trading in scrip having a low volume on exchange for number of days. Trade in price/volume momentum scrip: TSL client trades where the price/volume has fluctuated by a percentage selected with selected period. Front running: A single trade exceeding a particular value in TSL and other clients who have traded in that scrip, prior to the trade Thank You