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Dated: 1st September 2003
Members are informed that further to Circular No.
SMD/SED/CIR/93/23321 SEBI had issued a Circular vide
SEBI/MRD/SE/Cir-33/2003/27/08 dated 27th August 2003 regarding
regulation of transactions between the brokers and their clients.
In
the said circular of SEBI dated 27th August 2003, SEBI had issued
the following directions to members of Stock Exchanges with regard to the
transaction executed by members for their clients.
1.
Brokers should not
accept cash from their clients whether against obligations or as margin for
purchase of securities and / or give cash against sale of securities.
2.
All payments shall be
received / made by the brokers from / to their clients strictly by account
payee crossed cheques / demand drafts or by way of direct credit into the bank
account through EFT, or any other mode allowed by RBI. The brokers shall accept cheques drawn only
by the clients and also issue cheques in favour of the clients only, for their
transactions. However, in exceptional
circumstances the brokers may receive the amount in cash, to the extent not in
violation of the Income-tax requirement as may be in force from time to time.
3.
In case of securities
also giving / taking delivery of securities in “demat mode” should be directly
to / from the “beneficiary accounts” of the clients except delivery of
securities to a recognized entity under the approved scheme of the stock
exchange and / or SEBI.
Members
may note that the above mentioned Circular dated 27th August 2003
had been issued by SEBI in exercise of powers conferred under Section 11 (1) of
the Securities and Exchange Board of India Act, 1992, read with Section 10 of
the Securities Contracts (Regulation) Act, 1956, to protect the interests of
investors in securities and to promote the development of and to regulate the
securities market.
Secretary