KARACHI: Illegal trading activity at the Pakistan Stock Exchange (PSX) remains a major concern as the Securities and Exchange Commission of Pakistan (SECP) has reiterated that some of the brokers are engaged in unauthorized deposit-taking activities.
The regulator earlier advised the PSX to initiate market intelligence methodology to check brokers overstepping the legal limits; however, the SECP said that it has been observed that some of the securities brokers are involved in unauthorized deposit taking activity in one form or other.
The regulator said that this act of brokers is not only in contravention of the Companies Act, 2017 but also against the Securities Act. 2015 as deposit taking is not a permissible activity for a broker under the Act.
In order to protect the public interest and customers, the SECP directs all the brokers including their representatives and agents to comply with the guidelines.
The regulator said that a broker including their representatives and agents shall not accept any money or deposit or borrowing by whatsoever name called and in whatsoever manner from any person including an individual or any segment of public or directors and sponsors of a broker including their representatives and agents.
However, the aforementioned activity is allowed in case of redeemable capital issued by a broker under the Companies Act, finance obtained by a broker from a financial institution.
“Subordinated loan shall be documented by a formal subordination agreement between the provider of the loan and the Broker. Furthermore, minimum tenor, terms of repayment and repayment schedule of subordinated loan shall be specifically made part of the subordinated agreement”, added the regulator.
The SECP said that subordinated loan shall be in the form of cash only, subordinated loan shall be tin-secured and sub-ordinate to all other indebtedness, no markup or interest shall be paid by the Broker on the subordinated loan, certificate from the auditor of broker evidencing injection of funds as subordinated loan.
Subordinated loan shall only be utilized by the broker for the purpose of increasing equity/net worth, liquid capital or for any other purpose duly approved by the SECP. Subordinated loan in no way be utilized towards any other purpose including margin financing/margin trading etc; and prior approval of the commission shall be required for repayment of subordinated loan. The SECP said all brokers are required to ensure meticulous compliance of these guidelines. Any violation or circumvention of the directions shall be dealt with under the provisions of Act.
Published in Daily Times, September 6th 2017.
