DOWNLOAD REF. NO. NSE/CMPT/11276
NATIONAL SECURITIES
CLEARING CORPORATION LIMITED
FUTURES & OPTIONS
SEGMENT
Circular No.
NSCC/F&O/C&S/883 September
10, 2008
In pursuance of Regulations of the Futures & Options Segment of
NSCCL, and in replacement of all earlier circulars issued to the members, members
of the F&O segment are hereby notified the following :
Item 1
DEALS
Item 2
SETTLEMENT OBLIGATIONS
Item 3
SETTLEMENT SCHEDULE
Item 4
SETTLEMENT PRICE
Item 5
SETTLEMENT PROCEDURE
Item 6
SECURITIES TRANSACTION TAX
Item 7
CLEARING BANK
Item 8
TOTAL LIQUID ASSETS
Item 9
MARGINS
Item 10
POSITION LIMITS
Item 11
PROCEDURE FOR FOREIGN INSTITUTIONAL INVESTOR, MUTUAL FUND AND NRIs
Item 12
CLOSING OUT
Item 13
SETTLEMENT FUND
Item 14
CLIENT MARGIN REPORTING
Item 15
VIOLATIONS & PENALTY
Item 16
ADJUSTMENTS FOR CORPORATE ACTIONS
Item 17
CONSOLIDATED LIST OF REPORTS
Item 18
LIST OF ANNEXURES
For National Securities Clearing Corporation Limited
R Sundararaman
Senior Vice President
Item 1
DEALS
In pursuance of Byelaw
2, 3 and 4 of Part A of Chapter VI of the Byelaws and Chapter 3 of the
Regulations, the following deals are eligible to be admitted on the Futures and
Options Segment:
1.1
Admission and Exclusion of Deals
Deals executed on the Futures and Options
Segment of National Stock Exchange are eligible to be cleared and settled
through Clearing Corporation in the relevant sub-segment of its Futures and
Options Segment unless specifically deferred or not allowed to, or rejected
from admission by the relevant authority, and shall be called ‘Admitted Deals’.
Item 2
SETTLEMENT OBLIGATIONS
In pursuance of Byelaw
9 of Part B of Chapter VI of the Byelaws and Regulation 3.3 of the Regulations,
the procedure for clearing and settlement of deals and determination of
Settlement Obligations are specified as under:
2.1
Settlement of Admitted Deals
Admitted deals executed on a trading day, shall be cleared on a netted
basis, by the Clearing Corporation as prescribed under the relevant Regulation.
Subject to the above, settlement obligations for all clearing members shall
arise.
The clearing members shall be responsible for all obligations arising
out of such trades including the payment of margins, penalties, any other
levies and settlement of obligations of the trades entered by them as trading
members and also of those trading members and custodial participants, if any,
for whom they have undertaken to settle as a clearing member.
Where the clearing member is not a trading member of the Exchange then
the trades of those trading members and custodial participants of the Exchange
for whom the clearing member has undertaken to settle shall be considered for
determining the obligations as a clearing member.
2.2
Custodial Participant
Custodial participants are those constituents who are eligible for
trading through trading members and clearing and settling deals through
clearing members. Such custodial participants shall register themselves with
the Clearing Corporation through their clearing members. The format of
agreement to be executed between the clearing members and custodial
participants is enclosed as Annexure 1.
2.3
Confirmation of trades entered by
custodial participants
Clearing members of the custodial participants shall confirm trades
entered into on behalf of the custodial participants. Such trades shall be
confirmed by the clearing members in such manner, within such time and through
such facility as may be provided to clearing members from time to time. Such
confirmation shall be carried out within such time as may be specified by the
Exchange/Clearing Corporation from time to time where such trades have been
entered. All such trades which have been confirmed by clearing members shall
form part of the obligations of clearing members concerned and such clearing
members shall be responsible for all obligations arising out of such trades
including the payment of margins, penalties, any other levies and settlement of
obligations. Trades which have not been confirmed by clearing members of the
custodial participants shall be considered as trades pertaining to the trading
members entering such trades and shall form a part of the obligations of
clearing members, who clear and settle for such trading members.
Item 3
SETTLEMENT SCHEDULE
In pursuance of Byelaw 13 of Part B
of Chapter VI of the Byelaws and Chapter 3 of Regulations, the clearing days
and scheduled times for F&O Segment are as under:
3.1 Settlement Period
The pay-in and pay-out of daily mark to market settlements, final
settlement of futures contracts, premium settlement and the interim and final
exercise settlements of options contracts shall be effected in accordance with
the settlement schedule issued by the Clearing Corporation periodically. The
paying members are required to have clear balance of funds in their clearing
account towards their pay-in obligation by the declared pay-in time on the
settlement day. The pay-out of funds
shall be credited to the receiving members clearing account thereafter.
Currently, settlements are effected on a T+1 day basis.
3.2 Option to settle Daily MTM on
T+0 day
Clearing members may opt to pay daily mark to market settlement on a T+0
basis. The option can be exercised once in a quarter (Jan-March, Apr-June,
Jul-Sep & Oct-Dec). The option once exercised shall remain irrevocable
during that quarter. Clearing members who wish to opt to pay daily mark to
market settlement on T+0 basis shall intimate the Clearing Corporation as per
the format specified in Annexure 2
Clearing members who opt for payment of daily MTM settlement amount on a
T+0 basis shall not be levied the scaled up margins.
The pay-out of MTM settlement shall continue to be done on T+1 day
basis, or as declared by the Clearing Corporation from time to time.
Item 4
SETTLEMENT PRICE
In pursuance
of Bye-law 12 of Part B of Chapter VI of the Bye-laws and the Regulations 5.2,
5.5 and Chapter 5A of the Regulations, Settlement price for settlement of
futures and option contracts is specified as under:
4.1 Daily
Settlement Price for mark to market settlement of futures contracts
Daily settlement price for futures contracts shall
be the closing price of such contracts on the trading day. The closing price
for a futures contract shall be calculated on the basis of the last half an
hour weighted average price of such contract or such other price as may be
decided by the relevant authority from time to time.
4.2
Theoretical daily settlement price for unexpired futures contracts which are
not traded during the last half an hour on a day
Theoretical daily settlement price for unexpired
futures contracts, which are not traded during the last half an hour on a day,
shall be the price computed as per the formula detailed in Annexure 3.
4.3 Final
Settlement Price for mark to market settlement of futures contracts
Final settlement price for a futures contract
shall be the closing price of the relevant underlying/index in the Normal
Market of the Capital Market segment of National Stock Exchange on the last
trading day of such futures contract.
4.4 Settlement
Price for mark to market settlement of interest rate futures contracts
4.4.1 Daily
settlement price for an interest
rate futures contract shall be the closing price of such interest rate futures
contract on the trading day. The closing price for an interest rate futures
contract shall be calculated on the basis of the last half hour weighted
average price of such interest rate futures contract.
4.4.2 Theoretical
daily settlement price for unexpired contracts which are not traded in the last
half hour on a day, shall be the price computed as per the formula detailed in Annexure 3.
In respect of zero coupon notional bond the
price of the bond shall be the present value of the principal payment
discounted using discrete discounting for the specified period at the
respective zero coupon yield.
In respect of the notional T-bill, the
settlement price shall be 100 minus
the annualized yield for the specified period computed using the zero coupon
yield curve.
In respect of coupon bearing notional bond, the
present value shall be obtained as the sum of present value of the principal
payment discounted at the relevant zero coupon yield and the present values of
the coupons obtained by discounting each notional coupon payment at the
relevant zero coupon yield for that maturity.
For this purpose the notional coupon payment date shall be half yearly
and commencing from the date of expiry of the relevant futures contract.
4.4.3 Final
settlement price for an interest rate futures contract on zero coupon notional
bond and coupon bearing bond shall be based on the price of the notional bond determined
using the zero coupon yield curve. In respect of notional T-bill it shall be
100 less the annualized yield for the specified period computed using the zero
coupon yield curve.
4.5 Interim
and final exercise settlement price for option contracts
4.5.1 Interim
exercise settlement price for option contracts on individual securities
Interim Exercise settlement price for an option
contract shall be the closing price of the relevant underlying security in the
Normal Market of the Capital market segment of National Stock Exchange. The closing price of the relevant underlying security shall be calculated
on the basis of the last half an hour weighted average price of the relevant
underlying security or such other price as may be decided by the relevant
authority from time to time.
4.5.2 Final
Exercise settlement price for an option contract
Final Exercise settlement
price for an option contract shall be the closing price of the relevant
underlying security in the Normal Market of the Capital market segment of
National Stock Exchange, on the last trading day of the options contract. The
closing price of the relevant underlying security shall be calculated on the
basis of the last half an hour weighted average price of the relevant
underlying security or such other price as may be decided by the relevant
authority from time to time.
Item
5
SETTLEMENT
PROCEDURE
In pursuance
of Chapter VI of the Bye-laws and Chapter 3, 5, 5A of the Regulations, the
settlement procedure for deals in futures and options contracts shall be as
under:
5.1 Daily mark
to market settlement and final settlement for futures contract
Daily mark to market settlement and final
settlement in respect of admitted deals in futures contracts shall be cash
settled by debit/ credit of the clearing accounts of clearing members with the
respective clearing bank.
All positions (brought forward, created during the day, closed out
during the day) of a clearing member in futures contracts, at the close of
trading hours on a day, shall be marked to market at the daily settlement price (for daily mark to market settlement) and
settled.
All positions (brought forward, created during the day, closed out during
the day) of a clearing member in futures
contracts, at the close of trading hours on the last trading day of the
contract, shall be marked to market at final
settlement price (for final settlement) and settled.
Open positions in a futures contract shall cease
to exist after its expiration day.
5.2 Premium settlement for option contracts
Premium settlement in respect of admitted deals in
options contracts on index and on individual securities shall be cash settled
by debit/ credit of the clearing accounts of clearing members with the
respective clearing bank.
The premium payable or receivable value of
clearing members shall be computed after netting the premium payable or
receivable positions at trading member level, for each option contract, at the end
of each trading day.
5.3 Exercise settlement for option contracts
5.3.1 Index options
Exercise style of index option contracts shall be
European style wherein all in-the-money contracts shall get automatically
exercised on the expiry day. Exercise settlement shall be effected for all
in-the-money option contracts on the last trading day of an option contract.
Long positions at in-the money strike prices shall be assigned to short
positions in option contracts with the same series on a random basis.
Exercise settlement in respect of admitted deals
in index option contracts shall be cash settled by debit/ credit of the
clearing accounts of the relevant clearing members with the respective clearing
bank.
Index option contracts, which have been exercised,
shall be assigned and allocated to clearing members at the client level.
Open positions, in an index option contracts,
shall cease to exist after its expiration day.
5.3.2 Options on
individual securities
Exercise style of option contracts on individual
securities shall be American style. Option contracts, which have been
exercised, shall be assigned and allocated to clearing members, at the client
level on a random basis.
5.3.2.1 Interim exercise settlement
Interim exercise settlement shall be effected for
exercised option positions on the day of exercise. Valid exercised option
contracts shall be assigned to short positions in option contract with the same
series at the client level on a random basis.
5.3.2.2 Final exercise settlement
Final exercise settlement shall be effected for
all in-the-money option contracts on the last trading day of an option
contract. Long positions at in-the money strike prices shall be assigned to
short positions in option contracts with the same series at the client level on
a random basis.
Exercise settlement may be cash settled or
delivery settled, in accordance with SEBI guidelines. Currently option
contracts shall be cash settled in F&O segment, by debit/ credit of
relevant clearing accounts of relevant clearing members with the respective
clearing bank towards the exercise settlement value for each unit of the option
contract.
5.4 Daily MTM settlement on T+0 day
Clearing members who opt to pay the Daily MTM settlement on a T+0 basis
shall compute such settlement amounts on a daily basis and make the amount of
funds available in their clearing account before the end of day on T+0 day.
Failure to do so shall tantamount to non payment of daily MTM settlement on a
T+0 basis. Further, partial payment of daily MTM settlement shall also be
considered as non payment of daily MTM settlement on a T+0 basis. These shall
be construed as non compliance and penalties applicable for fund shortages from
time to time shall be levied.
A stringent penalty of 0.07 % of the margin amount at end of day on T+0
would be levied on the clearing members. Further, the benefit of scaled down
margins shall not be available in case of non payment of daily MTM settlement
on a T+0 basis from the day of such default to the end of the relevant quarter.
Item
6
SECURITIES
TRANSACTION TAX
In pursuance
the Regulations 2.4, Collection of securities transaction tax shall be as
under:
6.1 STT Computation:
As per the Finance Act 2004, and modified by Finance Act 2008 (18 of 2008)
STT on the transactions executed on the
Exchange shall be as under:
|
Sr.No. |
Taxable securities transaction |
New rate from 01.06.2008 |
Payable by |
|
A |
B |
C |
D |
|
a |
|
0.017 per cent |
Seller |
|
b |
|
0.125 per cent |
Purchaser |
|
c |
|
0.017 per cent |
Seller |
(a) Value
of taxable securities transaction relating to an “option in securities” shall
be the option premium, in case of sale of an option in securities.
(b) Value
of taxable securities transaction relating to an “option in securities” shall
be the settlement price, in case of sale of an option in securities, where
option is exercised.
Members may note that the following procedure shall be adopted by the
Exchange in respect of the calculation and collection of STT:
6.2 Information to members
A report shall be provided to the members at the end of each trading
day. This report shall contain information on the total STT liability, trading
member wise STT liability, client wise STT liability and also the detailed
computations for determining the client wise STT liability.
6.3 Client code modification
As explained above, since the Exchange shall be reckoning the client code
entered by the members, members are advised to carry out client code
modification, if any, within the prescribed time viz. during trading hours and
up to the trade modification close time on the respective trading day. The
Exchange shall not entertain any request for modification thereafter.
6.4 Pay-in of funds
Clearing members shall be required to pay the STT on T+1 day. The STT
amount shall be collected as per the timelines stipulated for the funds pay-in.
A separate transaction shall be created and the monies shall be collected from
the settlement account of members through their clearing banks as per the
process currently followed in respect of settlement obligations.
6.5 Failure to pay funds
Non payment of STT shall be treated as non fulfilment of settlement
obligations for the purpose of all consequential actions against the member.
6.6 Information to clients
The contract note should specify the total securities transaction tax
for the transactions mentioned therein. Trading Members shall issue the STT
details as provided by the Exchange to their respective clients in the format
given at Annexure 4, along with the
contract note for the transactions executed on the Stock Exchange.
ITEM 7
CLEARING BANK
In pursuance of Byelaw 11 of Part B
of Chapter VI of Byelaws and Chapter 7 of the Regulations, the provisions
relating to clearing bank appointed by Clearing Corporation, are specified as
under:
7.1 Designated Clearing Bank(s)
Funds to be paid and/ or
to be received shall be settled through such branches of banks which are
designated as clearing banks by the relevant authority from time to time. The
designated clearing banks and their designated branches are given in Annexure 5.
7.2 Maintenance and operation of
clearing account
·
Every
clearing member shall maintain and operate a separate and distinct clearing
account for the segment with any one of the designated clearing banks as
mentioned above. The clearing account shall be used exclusively for clearing
operations i.e., for settling funds obligation, payment of margins, penal
charges, etc as may be specified by the Clearing Corporation from time to time.
·
Clearing
members shall irrevocably authorize the clearing bank to access their clearing
account for debiting and crediting their clearing account as per the
instructions of the Clearing Corporation, reporting of balances and other
information as may be required by the Clearing Corporation from time to time as
per the format given in Annexure 6 and
furnish to the Clearing Corporation an acknowledged copy of the same along with
the account particulars issued by the clearing bank.
·
Clearing
members can deposit funds into this account in any form and can withdraw funds
from this account only in self-name.
·
Clearing
members having funds obligation to pay shall have clear balance of requisite
funds in the clearing account on or before the stipulated funds pay-in day and
the stipulated time.
·
Clearing
members shall not seek to close or de-activate the clearing account without the
prior written consent of the Clearing Corporation
·
The
clearing banks shall debit/credit the clearing account of clearing members as
per instructions received from the Clearing Corporation from time to time. Any
request from the clearing members for revoking the authorization furnished by
them shall not be considered by the clearing banks. The clearing banks shall not close the
clearing account or permit deactivation of the same without the prior written
consent of the Clearing Corporation.
7.3 Procedure for change in clearing
banks
In case a clearing member wishes to shift the clearing account from one
designated clearing bank to another, the following procedure shall be followed:
·
The
clearing member shall request the clearing bank in writing for issuing a No
Objection Certificate (NOC) for shifting of the clearing account.
·
The
clearing member shall request the Clearing Corporation in writing seeking its
permission for shifting of the clearing account and enclose the NOC received
from the existing clearing bank in this regard or where the NOC is not
received, furnish an acknowledged copy of the NOC request along with a
declaration to the effect that no response has been received from the existing
clearing bank in respect of the NOC request even after a minimum waiting period
of a fortnight.
·
On
opening the clearing account with the other designated clearing bank, the
clearing member shall submit to the Clearing Corporation the documents relating
to the new clearing account as mentioned in 7.2 above.
·
The
Clearing Corporation shall thereon communicate the date from which the new
clearing account shall be operational and also the date after which the
existing clearing account may be closed by the clearing member.
ITEM 8
TOTAL LIQUID ASSETS
A member may deposit liquid assets
in the form of cash, bank guarantees, fixed
deposit receipts and approved securities and any other form of collateral as
may be prescribed by the relevant authority from time to time
These liquid
assets are segregated as cash component and non-cash component. Cash component
shall mean cash, bank guarantees, fixed deposit receipts, units of money market
mutual fund, Gilt funds and any other form of collateral as may be prescribed
from time to time. Non-cash component shall mean all other forms of collateral
deposits like deposit of approved list of demat securities and units of the
other mutual funds and any other form of collateral as may be prescribed from
time to time.
The total liquid assets comprise of
the cash component and the non cash component wherein the cash component shall
be at least 50% of liquid assets. This implies that non cash component in
excess of the total cash component would not be regarded as part of total
liquid assets.
8.1 Liquid
Networth
In pursuance of Rule 2.3 of Chapter IV of the
Rules of the Clearing Corporation, details of security deposit to be maintained
as Liquid Networth are specified as under:
Liquid
Networth shall be computed as total liquid assets less initial margin payable
at any point in time.
The clearing member shall meet with
the liquid networth requirements prescribed by the Clearing Corporation at all
points of time.
8.1.1 Minimum liquid networth requirement for clearing members
Every clearing member of
the Clearing Corporation is required to maintain a minimum liquid networth of
Rs.50 lakhs with the Clearing Corporation in the following manner:
(a) Rs.25 lakhs in the form of cash, and
(b) Rs.25 lakhs in any one or combination of the following forms:
i)
Cash
ii) Fixed Deposit Receipts (FDRs) issued
by approved banks as given in Annexure 7
and deposited with approved Custodians or with the Clearing Corporation.
(Formats of letters to be submitted are prescribed in Annexure 8, 9, 10 & 11).
iii) Bank Guarantee in favour of National
Securities Clearing Corporation Ltd. from approved banks as per the format
specified. The list of approved banks is given in Annexure 7 and the bank guarantee format is given in Annexure 12.
iv)
Equity
shares of approved companies and units of mutual funds in demat form deposited
with approved Custodians. Formats of Deed of pledge are prescribed in Annexure 13 &14 .
8.1.2 Clearing member deposit
for trading members whose deals they clear and settle
In addition to the
requirements specified under 8.1.1, every clearing member is required to
maintain a deposit of Rs.10 lakhs
each, in respect of every trading member whose deals such clearing members
undertake to clear and settle, in the following manner:
(1) Rs.2 lakhs to be
maintained in the form of cash.
(2) Rs.8 lakhs to be
maintained in any one or combination of the forms of collaterals as specified
in 8.1.1(b).
8.1.3 Non-fulfilment of Security
Deposit Requirements
Any failure on the part of a
clearing member to meet with the deposit requirements as given in 8.1.1 and
8.1.2 at any point of time, will be treated
as a violation of the Rules, Bye-Laws and Regulations of the Clearing
Corporation and Clearing Corporation may, within such time as it may deem fit,
advise the Exchange to withdraw any or all of the membership rights of such clearing member including withdrawal of
trading facilities of all trading members and/ or clearing facility of
custodial participants clearing and settling
through such clearing members, without any notice.
In addition,
the outstanding positions of such clearing member and/ or trading members and/
or constituents, clearing and settling through such clearing member, may be
closed out forthwith or any time thereafter by the Exchange, at the discretion
of the Clearing Corporation, to the extent possible, by placing at the Exchange,
counter orders in respect of the outstanding position of such clearing member
without any notice to the clearing member and/ or trading members and/ or
constituents, and such action shall be final and binding on the clearing member
and/ or trading members and/ or constituents. Clearing Corporation may also
initiate such other risk containment measures as it deems fit with respect to
the open positions of the clearing member and/ or trading members and / or
constituents.
Clearing
Corporation may, in addition to the foregoing provisions, take additional
measures like, imposing penalties, collecting appropriate deposits, invoking
bank guarantees/ fixed deposit receipts, realising money by disposing off the
securities and exercising such other risk containment measures as it deems fit
and may further take such disciplinary action as it may deem fit and
appropriate in this regard.
8.2 Margin Deposits by the
clearing member
In pursuance of Byelaw 2 of Chapter VIII of the Byelaws and Chapter 4 of
Regulations, the following requirements are prescribed in respect of margin
deposits to be provided by clearing members:
Clearing
members who wish to provide any deposits at any point of time, over and above
their minimum liquid networth requirement and deposit requirement as given in
8.1.1 and 8.1.2 above towards margins and/ or other obligations, may do so in any one or combination of
the following forms:
i)
Cash
ii)
Fixed
Deposit Receipts (FDRs) issued by approved banks as given in Annexure 7 and deposited with approved
custodians or with the Clearing Corporation. Formats of letters to be submitted
are prescribed in Annexure 15, 16,17
& 18
iii)
Bank
Guarantee in favour of National Securities Clearing Corporation Ltd. from
approved banks as given in Annexure 7.
The bank guarantee format is given in Annexure
12
iv)
Equity
shares of approved companies and units of mutual funds in demat form deposited
with approved custodians. Formats of Deed of pledge are prescribed in Annexure 19 & 20
v)
Foreign
Sovereign Securities as per the procedure
specified in 8.3.5
8.3 Guidelines for
Submission of Deposits
8.3.1 Cash
Clearing members may submit deposit in the form of cash by making the
required amount available in their respective clearing bank account, sending an
authorization to the Clearing Corporation for debiting the said amount from
their clearing account.
A web
based facility called Collateral Interface for Members (CIM) is provided in
this regard which enables the members to log in through internet. Members will
be able to log in through specific user-ids and passwords into CIM. To obtain a
Login User ID, members are required to send their request to the Clearing
Corporation in the format provided in Annexure
21.
The benefit of such cash deposit requests shall be subject to receipt of
bank confirmation from the respective clearing bank by the Clearing
Corporation. A member who has authorised the
Clearing Corporation to debit his clearing account as above shall ensure due
performance of the commitment. Non-fulfilment of such obligation will be
treated as a violation and/ or non-performance of obligations and shall attract
consequences, penalty and/ or penal charges as applicable to violations.
8.3.2 Fixed Deposit Receipt
Clearing members may furnish
deposits in the form of FDR as mentioned above, subject to inter-alia, the
compliance of the following:
1.
The
FDR should be issued either in favour of: "NSCCL A/c CLEARING MEMBER
NAME" or "Custodian Name” (as the case may be) - A/c CLEARING MEMBER
NAME" as the case may be and should be deposited with the Clearing
Corporation or approved custodian.
2.
Clearing
members are required to issue a letter to the approved custodian/ Clearing
Corporation agreeing that the approved custodian/ Clearing Corporation has an
irrevocable authority to encash the FDR and to withdraw the FDR amount
(including accrued interest) at any time, even prior to maturity of FDR without
notice to the clearing members, for adjustment of Clearing Corporation
dues. The formats of the letter are
given in Annexure 8, 10, 15 and 17.
3. Clearing members are required to
submit a letter from the bank issuing the FDR to the approved custodian/
Clearing Corporation in the formats given in Annexure 9, 11, 16 and 18.
4. The minimum value of FDR that may be
accepted shall be Rs.2 lakhs. The FDR should be issued for a minimum period of
3 months in case of margin deposit and for a minimum period of 12 months in
case of security deposit.
5. The FDR should be payable at any of
the branches situated in cities of Mumbai, New Delhi, Chennai, Calcutta, Ahmedabad,
and Hyderabad of the approved banks. The list of approved banks is as per Annexure 7.
8.3.2.1 Shifting of FDR from Capital Market/Currency Derivatives segment
to F&O segment
Clearing Members, who
intend to release the FDR provided as margin deposit in Capital Market/Currency
Derivatives segment and add the same as margin deposit in F&O segment, are
required to submit a letter to the Clearing Corporation requesting for the
same. The format of the letter is specified in Annexure 22
8.3.2.2 Renewal of
fixed deposit receipt
In case of renewal of FDRs, the clearing member shall furnish the
renewal letter from the respective bank. The format of the letter to be given
by the Bank in case of renewal where there is no change in the FDR no. is given
in Annexure 23. In case the renewed FDR no. is different from
the old FDR no., the format of the letter to be given by the Bank is given in Annexure 24.
In case the renewed FDR/ fresh FDR is not submitted and whereby the
member does not fulfil the security deposit requirements, actions as provided
in 8.1.3 above shall be applicable.
8.3.3
Bank Guarantees
The acceptance of the bank guarantees by the
Clearing Corporation shall be subject to the bank-wise and member-wise and
limits as are stipulated from time to time. The maximum value of bank
guarantees that can be given from the issuing bank per clearing member is as
provided below
Rupees
in Crores
|
Net worth (NW) of the
banks * |
Applicable
total limit per clearing member across all segments |
|
100-200 |
5 |
|
200-500 |
10 |
|
500-1000 |
15 |
|
1000-2000 |
25 |
|
2000-3000 |
35 |
|
>3000 ** |
|
Over Rs.3000 crores, for each Rs. 1000 crores
of networth, an incremental limit of Rs. 10 crores per clearing member shall be
allowed. In respect of bank guarantees issued by the designated clearing banks,
the maximum value of bank guarantees that can be accepted from each of these
designated clearing banks shall be set at the next higher slab in which they
would have ordinarily been, compared with their net worth. Members are advised
to check their applicable limit before getting their bank guarantees issued.
Based on the category of the member the above
limits shall be subject to a maximum amount as mentioned below:
Rupees
in Crores
|
Category of member |
Applicable
total limit per clearing member across all segments |
|
Professional Clearing Members / Custodian Clearing Members |
200 |
|
Trading Cum Clearing Members in F&O segment |
100 |
|
Other categories of the members |
50 |
Additionally, at the
time of deposit of the bank guarantee, the clearing member is required to
ensure the following:
1.
The
bank guarantee is strictly as per the formats prescribed by the Clearing
Corporation. The format of bank guarantee is provided in Annexure 12.
2.
A
bank guarantee for security deposit should be issued for a minimum period of 12
months with a specific claim period of at least 3 months. However, where an
issuing bank does not provide for a specific claim period beyond the expiry
date in the bank guarantee, the clearing members shall submit a bank guarantee
for a minimum period of 15 months. The maturity period of such bank guarantee
shall be reduced 3 months, which would be considered as the claim period of the
bank guarantee.
3.
A
bank guarantee for margin deposit should be issued for a minimum period of 3
months. In case the issuing bank does not provide for a specific claim period
beyond the expiry date in the bank guarantee, the maturity period of such bank
guarantee shall be reduced 7 days, which would be considered as the claim
period of the bank guarantee.
4. While filling the details in a bank
guarantee, members shall ensure that:
a. No relevant portion is left blank
b.
All
handwritten corrections and blanks are attested by the bank by affixing the
bank seal / stamp duly authorised
c.
All
irrelevant portions struck off on the printed format should also be
authenticated by the bank by affixing the bank seal / stamp duly authorised.
d.
Each
page of the bank guarantee should bear the bank guarantee number, issue date
and should be signed by at least two authorised signatories of the bank.
e.
The
clearing member should also ensure that the bank guarantee is free from any
discrepancy before the same is submitted to the Clearing Corporation.
In case the bank guarantee does not
strictly conform to the above-mentioned conditions, the same shall not be
accepted by the Clearing Corporation and benefit for the same shall be made
available only upon the bank guarantee being strictly in conformity with the
prescribed requirements.
8.3.3.1 Shifting of the Bank Guarantee from Capital Market/Currency Derivatives
Segment to F&O Segment
Clearing Members, who intend to shift Bank Guarantee provided as margin
deposit in the Capital Market/Currency Derivatives segment to F&O segment,
are required to submit a letter to the Clearing Corporation requesting to shift
the Bank Guarantee. The format of the letter is specified in Annexure 25. The member is further
required to provide an amendment letter from the respective bank. The format of
the amendment letter is specified in Annexure
26.
8.3.3.2 Renewal of Bank guarantee
In case of renewal of bank
guarantees, the clearing members shall furnish the renewal document strictly in
the prescribed format before the date of expiry / maturity date of the bank
guarantee. The format is given at Annexure
27.
In case the renewed bank guarantees/
fresh bank guarantees are not submitted within the above mentioned periods
whereby the member does not fulfil the security deposit requirements, action as
provided in 8.1.3 above shall be applicable.
8.3.3.3 Reminder letters through extranet
Reminder letters are
downloaded on a monthly basis through the extranet in respect of the Bank
Guarantees and Fixed deposits that are due for renewal in the following
month (Path: /
FAOFTP/F<TMCODE>/LETTERS/DNLD). Further the file naming convention for
the same is F_REMINDERS_MEMBER CODE_DDMMYYYY.LIS This is being provided as an
additional facility only and members are advised to submit the renewals of the
bank guarantees and fixed deposit receipts within the stipulated period to
avoid any action as provided in 8.1.3 above.
8.3.4 Securities
8.3.4.1 Eligible securities
Clearing Members are permitted to
deposit shares of approved companies and units of mutual fund as communicated
to the members from time to time in electronic form ('demat securities') in the
designated depository accounts maintained with the approved custodians (as
mentioned in Annexure 28) in this
regard. These securities shall be pledged in favour of National Securities
Clearing Corporation Limited.
The valuation of the securities shall
be in accordance with the norms prescribed by the Clearing Corporation from
time to time. The value of the securities shall be reduced by such haircut as
may be prescribed by the Clearing Corporation from time to time to arrive at
the collateral value of the securities. Only the value net of applicable
haircuts shall be considered as the value of the securities pledged. Valuation
of securities shall be done by the custodians at such periodic intervals as may
be specified by the Clearing Corporation from time to time.
Currently, securities forming part
of VaR Margin Group 1 in the Capital Market segment shall be accepted as
approved securities. The Clearing Corporation shall intimate the list of
approved securities from time to time. The securities shall be valued on a
daily basis based on the closing price of the security in the Capital Market
segment of the National Stock Exchange of India Ltd. The VaR margin rate
applicable for the security in the Capital Market segment shall be applied as
haircut on the value of the securities provided by the clearing members to
arrive at the net value of the securities.
Clearing Corporation may revise the
list of approved securities and, the haircuts from time to time. Clearing members
who have deposited securities which have been discontinued from the list of
approved securities, shall be required to take due care to replace such
securities.
8.3.4.2 Securities not approved for acceptance
The following securities
shall not be accepted as liquid assets:
a) Partly paid securities
b)
Securities
subject to any lock in period, buy back scheme any charge or lien, encumbrance
of any kind, or such other limitations or title is questioned before the court
or any regulatory body.
8.3.4.3 Ownership of Securities
The securities that may
be deposited, shall be subject to the legal and beneficial ownership of the
clearing member/ spouse, any of the partners/ their spouses or any of the
directors, in case of individual, partnership or corporate clearing members
respectively, as the sole/ first joint holder, provided no depositor of
securities should be a minor as on the date of deposit thereof.
In case of
reconstitution / restructuring or any change in the partners /directors of the
clearing member, as applicable, a Clearing Member shall be required to replace
the securities belonging to such outgoing partners /directors immediately. The approved custodians shall be required to
exercise due care for such replacement of securities and reporting thereof to
the Clearing Corporation.
8.3.4.4 Opening of accounts:
Clearing members are
required to open a separate depository account with the approved Custodians for
the purpose of deposit of securities. Clearing members who are interested in
availing of this facility may get in touch with the approved Custodians (list
as per Annexure 28) to ascertain the
modalities with regard to deposit of securities.
8.3.4.5
Marking of pledge
Clearing members may provide demat securities by marking a pledge of the
securities in favour of the Clearing Corporation. The clearing member shall be
required to submit all such documents as may be required by the Clearing
Corporation and the approved custodian from time to time including the Deed of
Pledge as per the specified formats as mentioned in Annexure 13, 14, 19 and 20.
Clearing members shall
give the necessary pledge instruction(s) to the Custodian for the securities to
be pledged in favour of the Clearing Corporation. Once the securities are
accepted and duly pledged by the Custodian, the Custodian shall inform the
Clearing Corporation the valuation of the securities after adjusting the
relevant hair cut percentages. On the basis of the Custodian’s advice, benefit
towards security pledged shall be provided to the member.
8.3.5 Foreign Sovereign Securities as Collateral
Clearing members may collect Foreign Sovereign
Securities as collateral from Foreign Institutional Investors (FIIs) for
Exchange Traded Derivative Transactions and provide the same as collateral to the
Clearing Corporation. The methodologies for acceptance of foreign sovereign
securities shall be as under:
8.4 Releases of Liquid Assets
Clearing member may
request the Clearing Corporation to release deposits held by the Clearing
Corporation. Such requests may be considered by the Clearing Corporation if the
Clearing Corporation chooses not to exercise its lien pursuant to the Rules, Byelaws and Regulations and subject to
availability after due adjustments for the due fulfilment of all
obligations and liabilities arising out of or incidental to any deals made by
such clearing member and / or trading members clearing and settling the deals
through such clearing member and subject to the bye laws, rules and regulations
of the Clearing Corporation or anything done in pursuance thereof.
The web based facility of Collateral
Interface for Members (CIM) is provided for submission of release requests of
collaterals. The members may select the desired available collaterals for
release. Release requests though CIM can also be placed using a file upload
facility. The format of the file to be uploaded by the clearing member is provided
in Annexure 37.
Item
9
MARGINS
In pursuance
of Chapter VIII of the Bye-laws pertaining to Margins and Chapter 4 of the
Regulations, the following margin requirements are prescribed:
9.1 Initial
Margins
Initial margin shall be
payable on all open positions of Clearing Members, upto client level, and shall
be payable upfront by Clearing Members in accordance with the margin
computation mechanism and/ or system as may be adopted by the Clearing
Corporation from time to time.
Initial Margin shall include SPAN margins, premium
margin, assignment margin and such other additional margins, that may be
specified by the Clearing Corporation from time to time.
9.2 Computation
of Initial Margin
Clearing Corporation shall adopt SPAN® (Standard
Portfolio Analysis of Risk) system or any other system for the purpose of real
time initial margin computation.
Initial margin requirements shall be based on 99%
value at risk over a one day time horizon. However, in the case of futures
contracts, where it may not be possible to collect mark to market settlement,
before the commencement of trading on the next day, the initial margin may be
computed over a two day time horizon by applying an appropriate statistical
formula. In case of clearing members who have opted for payment of MTM
settlement on a T+0 basis and have intimated the same to the Clearing
Corporation, the initial margin may be computed over a one day time horizon.
The methodology for computation of value at risk
percentage shall be as per the recommendations of SEBI from time to time. The
initial margin computation methodology for SPAN® is detailed as Annexure 38.
Initial margin requirement:
The margins so computed shall be aggregated first
at the trading member level and then aggregated at the clearing member level.
For the purpose of SPAN® Margin,
various parameters shall be as specified hereunder or such other parameters as
may be specified by the relevant authority from time to time:
9.2.1 Price
scan range
9.2.1.1 Index
Products: The
9.2.1.2 Stock
Products: The
The price scan range for futures and option on
individual securities would also be linked to liquidity. The same shall be
measured in terms of impact cost for an order size of Rs 5 lakh calculated on
the basis of order book snapshots in the previous six months. Accordingly, if
the mean value of the impact cost exceeds 1%, the price scanning range would be
scaled up by square root of three. This would be in addition to the requirement
of increasing the price scan range on account of look ahead period as may be
applicable.
The mean impact cost as stipulated by SEBI shall
be calculated on 15th of each month on a rolling basis considering
the order book snap shots of previous six months. If the mean impact cost of a
security moves from less than or equal to 1% to more than 1%, the price scan
range in such underlying shall be scaled by square root of three and scaling shall be dropped when the
impact cost drops to 1% or less. Such changes shall be applicable on all
existing open positions from the third working day from the 15th of
each month. The details of impact cost for underlying on which derivative
contracts are available and the methodology of computation of the same shall be
available on the Exchange website www.nseindia.com
9.2.1.3
Futures on Interest Rate: In the case of zero coupon notional bond and
coupon bearing bond futures and Notional T-Bill Futures, the price scan range
shall be 3.5 Standard Deviation (3.5 sigma) or such other price scan range as
may be specified by the Clearing Corporation from time to time. In case of interest
rate futures, the initial margins would be based on the zero coupon yield curve
computed at the end of the day with trades of same day settlement (t =0).
However, in case of large deviation between the yields generated using only t =
0 trades and all trades, initial margins may be revised accordingly and
collected by the Clearing Corporation from the members at its discretion.
9.2.2
Volatility scan range
9.2.2.1 Index
products:
9.2.2.2 Stock
products:
9.2.3 Calendar
Spread Charge
In the case of futures and options contracts on
index and individual securities, the margin on calendar spread positions shall
be calculated on the basis of delta of the portfolio consisting of futures and
options contracts in each month. A calendar spread position shall be granted
calendar spread treatment till the expiry of the near month contract
The calendar-spread margin shall be charged in
addition to worst-scenario loss of the portfolio. The spread
charge shall be 0.5% per month of spread on the far month contract subject to a
minimum margin of 1% and a maximum margin of 3% on the far side of the spread
with legs upto 1 year apart..
For the futures contracts on interest rate, the
margin on calendar spread shall be calculated at a flat rate of 0.125% per
month of spread on the far month contract subject to a minimum margin of 0.25%
and a maximum margin of 0.75% on the far side of the spread with legs upto 1
year apart.
9.2.4 Short
Option Minimum Charge
9.2.4.1 Index
Options: Short option minimum charge shall be equal to 3% of the notional value
of all short positions in index options. Notional value, with respect to an
option contract, shall be computed as the product of the short open position in
that option contract multiplied by the previous day's closing price of the
underlying index in the normal market of Capital Market segment of the Exchange,
or such other price as may be specified by the Clearing Corporation from time
to time.
9.2.4.2
Options on individual securities: Short option minimum charge shall be equal to
7.5 % of the notional value of all short positions in options on individual
stocks. Notional value, with respect to an option contract, shall be computed
as the product of the short open position in that option contract multiplied by
the previous day's closing price of the underlying security in the normal
market of Capital Market Segment of the Exchange, or such other price as may be
specified by the Clearing Corporation from time to time.
9.2.5 Net
Option Value
Net Option Value is computed as the difference
between the long option positions and the short option positions, valued at the
last available closing price of the relevant option contract.
9.2.6 Minimum
Percentage for Margins on Futures Contracts:
The minimum margin percentage on index futures
shall be 5% which shall be scaled up by look ahead period as may be specified
by the Clearing Corporation from time to time
The minimum margin percentage on stock futures
shall be 7.5% which shall be scaled up by look ahead period as may be specified
by the Clearing Corporation from time to time. Additionally, if the mean impact
cost of a security exceeds 1%, the minimum margin percentage in such underlying
shall be scaled by square root of three.
The minimum percentage of margins for the futures
contract on the Notional bond (both coupon bearing and zero coupons) shall be
2% and for the futures on notional T-Bill shall be 0.2% which shall be scaled
up by look ahead period as may be specified by the Clearing Corporation from
time to time.
9.2.7 Premium
Margin
Premium Margin shall mean and include premium
amount due to be paid to the Clearing Corporation towards premium settlement,
at the client level. Premium margin shall be levied till the completion of
pay-in towards the premium settlement.
9.2.8
Assignment Margin
Assignment Margin shall be levied on assigned positions of the clearing
members towards interim and final exercise settlement obligations for option
contracts on index and individual securities. Assignment margin shall be the
net exercise settlement value payable by a clearing member towards interim and
final exercise settlement. Assignment
margin shall be levied till the completion of pay-in towards the exercise settlement
9.3 Updation
of risk parameters
The parameters for computation of span margin
shall be updated as specified by the relevant authority from time to time. To
start with the parameters shall be updated 6 times in the day, based on the
prices at 11:00 a.m., 12:30 p.m., 2:00 p.m., 3:30 p.m., end of the day and
begin of the day. Risk parameters generated based on the updated parameters
shall be provided on the exchange website at www.nseindia.com
9.4 Exposure
margins
Clearing members shall be subject to exposure
margins in addition to initial margins. The applicable exposure margin shall be
as specified hereunder or as may be specified by the relevant authority from
time to time
9.4.1 Index
Futures contracts: The exposure margin shall be 3% of the notional value
of the futures positions, based on the last available trading price of the
relevant futures contract.
9.4.2 Short
Index Options contracts: The exposure margin shall be 3% of the notional
value of the short open positions in options on index, based on the last
available closing price of the underlying index in the normal market of Capital
Market segment of the Exchange.
9.4.3 Futures
contracts on individual Securities: The exposure margins shall be higher of 5% or
1.5 standard deviation of the notional value of gross open position in futures
on individual securities in a particular underlying.
9.4.4 Short
Option contracts on individual Securities: The exposure margins
shall be higher of 5% or 1.5 standard deviation of the notional value of short
open positions in options on individual securities based on the last available
closing price of the of the underlying security in the normal market of Capital
Market segment of the Exchange.
For this purpose, the standard deviation of daily
logarithmic returns of prices of the underlying security in the normal market
of Capital Market segment of the Exchange in the last six months shall be
computed on a rolling and monthly basis at the end of each month. The
applicable exposure margins shall be intimated by the Clearing Corporation from
time to time.
9.4.5 Futures
contracts on Interest rate futures: Exposure margin shall be 1% of the notional
value of the gross open positions in notional bond futures (both coupon bearing
and zero coupons) and shall be 0.1% of the gross open positions in notional
T-Bill futures.
9.4.6 Calendar
Spread: In case of calendar spread positions in futures contracts, exposure
margin shall be levied on one third of the value of the open position of the
far month futures contract. A calendar spread position shall be granted
calendar spread treatment till the expiry of the near month contract
9.4.7 Exposure
margin requirement:
The margins so computed shall be aggregated first
at the trading member level and then aggregated at the clearing member level.
9.5 Imposition of additional margins
As a risk containment measure, the relevant
authority may require clearing members to make payment of additional margins as
may be decided from time to time. This shall be in addition to the initial
margin and exposure margin, which are or may have been imposed from time to
time.
9.6 Mode of
payment of margin
Clearing members shall provide for margin in any
one or more of the eligible collateral as detailed in Item 8 above. The margins
shall be collected /adjusted from the liquid assets of a member on a real time
basis
9.7 Payment
of margins
The initial and exposure margin shall be payable
upfront by the clearing members. Members are required to collect initial margins from their
client/constituents on an upfront basis.
Members are required to collect initial margins from their
client/constituents on an upfront basis.
It is mandatory for all clearing /trading members to report details of
such margins collected to the Clearing Corporation. The procedure for reporting
of client margin is detailed in Item 14
Amount of liquid networth of a clearing member
utilised towards exposure margins arising out of open positions of trading
members/clients, clearing and settling through them, may be recovered from such
trading members/clients.
9.8 Effect of failure to pay margins
Non-fulfilment of either the whole or part of the
margin obligations shall be treated as a violation of the Rules, Bye-Laws and
Regulations of the Clearing Corporation. The violation shall attract actions as
specified under Item 15. In addition and without prejudice to the foregoing,
the Clearing Corporation may, within such time as it may deem fit, advise the
Exchange to withdraw any or all of the membership rights of the clearing member
including the withdrawal of trading facilities of all trading members and/ or
clearing facility of custodial participants clearing through such clearing
members, without any notice.
In addition, the outstanding positions of such
clearing member and/or trading members and/ or constituents, clearing and
settling through such clearing member, may be closed out forthwith or any time
thereafter by the Exchange, at the discretion of the Clearing Corporation, to
the extent possible, by placing at the Exchange, counter orders in respect of
the outstanding position of clearing member without any notice to the clearing
member and/ or trading member and/ or constituent, and such action shall be
final and binding on the clearing member and/ or trading member and/ or
constituent. Clearing Corporation may also initiate such other risk containment
measures as it deems fit with respect to the open positions of the clearing
member and/ or trading member and / or constituent.
Clearing Corporation may, in addition to the
foregoing provisions, take additional measures like, imposing penalties,
collecting appropriate deposits, invoking bank guarantees, encashment of fixed
deposit receipts, realising money by disposing off the securities and
exercising such other risk containment measures as it deems fit and may further
take such disciplinary action as it may deem fit and appropriate in this
regard.
9.9 Maintenance of Capital Cushion
For the purpose of monitoring members who have high capital
utilisations, the methodology as specified hereunder shall be adopted, or such
other methodology as may be specified by the relevant authority from time to
time
9.10 Collateral Limit for Trading Members
Clearing members clearing and settling for other
trading members - shall specify the maximum collateral limit permitted for each
trading member. Such limits may be set up by the clearing member, at any time
up to the close of market hours through the facility as may be provided on the
trading system of the Exchange, or such other facility provided and time
specified by the Clearing Corporation / Exchange from time to time. Such
collateral limits once set shall be applicable to the respective trading
members for that day, unless otherwise modified by the clearing member. The
aggregate limit set up across all trading members, clearing and settling
through such clearing member, shall at no point of time exceed the effective
deposit of the clearing member with the Clearing Corporation less minimum
liquid net worth.
Item
10
POSITION
LIMITS
10.1 Trading
Member wise Position Limit
10.1.1. Index
Futures
The trading member
position limits in equity index futures contracts shall be higher of Rs.500 crores or 15% of the
total open interest in the market in equity index futures contracts. This limit would be applicable on open positions in all futures contracts
on a particular underlying index
10.1.2. Index
Options
The trading member
position limits in equity index option contracts shall be higher of Rs.500 crores or 15% of the
total open interest in the market in equity index option contracts. This limit
would be applicable on open positions
in all option contracts on a particular underlying index
10.1.3 Futures and Option contracts on individual
securities:
I.
For
stocks having applicable market-wide position limit (MWPL) of Rs. 500 crores or
more, the combined futures and options position limit shall
be 20% of applicable MWPL or Rs. 300 crores, whichever is lower and within
which stock futures position cannot exceed 10% of applicable MWPL or Rs. 150
crores, whichever is lower.
II.
For
stocks having applicable market-wide position limit (MWPL) less than Rs. 500
crores, the combined futures and options position limit would be 20% of
applicable MWPL and futures position cannot exceed 20% of applicable MWPL or
Rs. 50 crores which ever is lower.
The Clearing Corporation shall specify the trading member-wise position
limits on the last trading day of the month which shall be reckoned for this
purpose during the next month.
10.1.4 Interest rate
futures
The trading member position limits in interest rate derivative contracts
shall be higher of Rs.500 crores or 15 % of the total open interest in the
market in exchange traded interest rate derivative contracts.
Violation of such limits shall attract action as
specified in Item 15.
10.2 Client
Level Position Limits
10.2.1.
Futures and Option contracts on individual securities
The gross open position across all the derivative
contracts for a security for each specific client shall not exceed higher of:
-
1% of the free float market capitalization (in terms of
number of shares)
OR
-
5% of the open interest in all derivative contracts in
the same underlying stock
(in
terms of number of shares)
Client level position limits security-wise, are
made available to members on NSE’s website (www.nseindia.com).
10.2.2. Client
wise position limits for Interest rate futures contracts:
Client level position limit shall be for near
month contracts. It shall be higher of 15% of the open interest or Rs. 100
crores.
10.2.3 Unique
Client ID Position Monitoring
The client level positions limits shall be monitored at the unique
client code level based on the client details uploaded by the member to the
Exchange. The client level position limits shall be applicable on the combined
positions for the same clients trading through different members, as well.
In all the above cases, members shall ensure that
client-level position limits are kept within the permissible limits. In the
event of a violation, the trading member/ clearing member shall be required to
ensure that -
(i) the client does not take fresh positions and
(ii) the position of such clients are reduced so
as to be within permissible limits.
Violation of such limits shall attract action as
specified in Item 15.
10.2.4. Disclosure for Client Positions in Index
based contracts
Any person or persons acting in concert who together own 15% or more of
the open interest on a particular underlying index is required to report this
fact to the Exchange/ Clearing Corporation. Failure to do so shall be treated
as a violation and shall attract appropriate penal and disciplinary action in
accordance with the Rules, Byelaws and Regulations of the Clearing Corporation.
10.3 Market Wide Position Limits for derivative
contracts on underlying stocks
Market Wide Position Limits for futures and options contracts on
individual securities shall be 20% of the number of shares held by
non-promoters in the relevant underlying security i.e. 20% of the free float in
terms of the number of shares of a company.
The Clearing Corporation shall specify the market wide position limits
on the last trading day of the month which shall be reckoned for this purpose
during the next month.
A facility is being provided to display an alert in trading system once
the open interest in the futures and options contract in a security exceeds 60%
of the market wide position limits specified for such security. Such alerts may be displayed at time
intervals of 10 minutes or such other duration as may be decided by the
relevant authority from time to time.
Violation of such limits shall attract action as
specified in Item 15.
10.4 Other Position limits
The position limits applicable for Foreign Institutional Investor (FII),
Mutual Funds (MF), sub-accounts of FIIs, schemes of MF, NRIs are detailed in
Item 11.
ITEM
11
PROCEDURE
FOR FOREIGN INSTITUTIONAL INVESTOR, MUTUAL FUND AND NRIs
11.1 Procedure for trading by FII
and their sub-accounts, Mutual Funds (MF) and their schemes.
11.2 FII and MF Position limits in index options contracts:
FII and MF position limit in all index options contracts on a particular
underlying index shall be Rs.500 crores or 15 % of the total open interest of
the market in index options, whichever is higher. This limit would be
applicable on open positions in all options contracts on a particular
underlying index.
11.3
FII and MF Position limits in index
futures contracts:
FII and MF position limit in all index futures contracts on a particular
underlying index shall be Rs.500 crores or 15 % of the total open interest of the
market in index futures, whichever is higher. This limit would be applicable on
open positions in all futures contracts on a particular underlying index.
11.4 Additional
exposure in equity index derivatives
In addition to the above limits, in index futures and options, FIIs /MFs
shall take exposure in equity index derivatives subject to the following
limits:
a
Short
positions in index derivatives (short futures, short calls and long puts) not
exceeding (in notional value) the FII’s/MFs holding of stocks.
b
Long
positions in index derivatives (long futures, long calls and short puts) not
exceeding (in notional value) the FII’s/MFs holding of cash, government
securities, T-Bills, money market mutual funds and gilt funds and similar
instruments.
In this regard, if the open position of an FII/MF exceeds the limits as
stated in item no. 11.2 or 11.3, such surplus would be deemed to comprise of
short and long positions in the same proportion of the total open positions
individually. Such short and long positions in excess of the said limits shall
be compared with the FII’s/MFs holding in stocks, cash etc as stated above.
11.5 FII Position limits in interest rate futures
The notional value of gross open position of a FII in exchange traded
interest rate derivative contracts shall be USD 100 million.
In addition to the above, the FII may take exposure in exchange traded
interest rate derivative contracts to the extent of the book value of their
cash market exposure in government securities
11.6 FII
and MF Position limits on individual securities
11.7 Computation of Position Limits
The position limits shall be computed on a gross basis at the level of a
FII/MF and on a net basis at the level of individual sub-accounts/schemes and
proprietary positions. The open position for all derivative contracts would be
valued as the open positions multiplied with the closing price of the
respective underlying security/index in the normal market of the Capital Market
segment of the Exchange.
11. 8 Reporting of holdings for FII/MF for additional limits in index
products and
interest rate futures:
11.8.1 File to be uploaded by clearing
member:
The name of the file to be uploaded by the clearing member in the
extranet server shall be
F_RPT_<DDMMYYYY_NN>.csv. (Comma Separated File)
where
-F is segment indicator
-RPT is the file type
-DDMMYYYY is the date of upload
-NN is the batch number (incremental number in case of subsequent file
for same date)
The structure of the control record shall be as follows:
|
Sr. No. |
Field Name |
Remarks |
|
1. |
Date |
Should be equal to the File Batch Date.(same format as in file name) |
|
2. |
Batch Number |
Should be equal to the File Batch Number. (E.g. 01,02 etc) |
|
3. |
Number of Records |
Should be equal to the total number of detail records in the file. |
The structure of the detail record shall be as follows:
|
Sr. No. |
Field Name |
Remarks |
|
1. |
Date |
format shall be DDMMYYYY (date for which reported) |
|
2. |
FII / MF Registration No. |
SEBI FII/ MF registration number
e.g. (for FII it shall be IN-AA-BB-0123-56 and for MF it shall be
MF-01-23-01) |
|
3. |
Reporting Indicator |
‘IDX’ for index products and ‘IRD’ for Interest rate derivatives. |
|
4. |
Stock / Cash Equivalents |
‘SEC’ for holding of stocks and
‘CSH’ for others |
|
5. |
Notional value |
Should be with maximum two decimals |
All the fields mentioned above are mandatory
The files need to be uploaded on the extranet server in the following
directory
/FAOFTP/F<MEMBER CODE>/RPT/UPLD
where
MEMBER CODE is 5 digit trading member code allotted to the member (e.g.
09999 and not M12345 or C23456)
11.8.2 Return file to be
downloaded to clearing member:
F_<MEMBER CODE>_ RPTR_<DDMMYYYY_NN>.csv
Where
-F is segment indicator
-Member Code is 5 digit trading member code allotted to the member (eg.
09999 and not M12345 or C23456)
-RPTR is the return file type
-DDMMYYYY is the date of upload
-NN is the batch number
The structure of the control record shall be as follows:
|
Sr. No. |
Field Name |
Remarks |
|
1. |
Date |
As reported by the member |
|
2. |
Batch Number |
As reported by the member |
|
3. |
Number of Records |
As reported by the member |
The structure of the detail record shall be as follows:
|
Sr. No. |
Field Name |
Remarks |
|
1. |
Date |
As reported by the member |
|
2. |
FII / MF Registration No. |
As reported by the member |
|
3. |
Reporting Indicator |
As reported by the member |
|
4. |
Stock / Cash Equivalents |
As reported by the member |
|
5. |
Notional value |
As reported by the member |
|
6. |
Status |
‘C’ for confirmed records ‘R’ for rejected records |
|
7. |
Reason |
Reason for Rejection |
The files shall be downloaded on the extranet server in the following
directory
/FAOFTP/F<MEMBER CODE>/RPTDNLD
where the MEMBER CODE is 5 digit
trading member code allotted to the member (eg. 09999 and not M12345 or C23456)
11.9 Limits for Sub – accounts and schemes of Mutual Funds
11.9.1 Index Futures and Options
Any sub-account of FII/ scheme of MF or persons acting in concert who
together own 15% or more of the open interest of all derivative contracts on a
particular underlying index are required to report this fact to the
Exchange/Clearing Corporation. Failure to do so shall be treated as a violation
and shall attract appropriate penal and disciplinary action in accordance with
the Rules, Byelaws and Regulations of the Clearing Corporation.
11.9.2 Futures and Options on individual securities
The gross open position across all futures and options contracts on a
particular underlying security, of a sub-account of an FII or scheme of MF,
should not exceed the higher of:
1% of the free float market capitalisation (in terms of number of
shares)
or
5% of the open interest in the derivative contracts on a particular
underlying stock (in terms of number of shares).
These position limits shall be applicable on the combined position in
all futures and options contracts on an underlying security on the Exchange.
11.9.3
Interest Rate Futures
The position limits for sub-account of FIIs shall
be for the near month contracts and shall be higher of 15% of the open interest
or Rs. 100 crores.
11.10 Monitoring of Position Limits
for FII/MF
Clearing Corporation shall monitor the open positions of the FII/
sub-account of the FII/ MF/ Scheme of MF for each underlying security and
index, against the position limits specified at the level of FII/ sub-accounts
of FII/ MF/Scheme of MF respectively, at the end of each trading day.
In the event of an FII /MF breaching the position limits on any
underlying, the Clearing Corporation shall advise the Exchange to withdraw the
facility granted to such FII /MF to take any fresh positions in any derivative
contracts. Such FII/MF shall be required to reduce their open position in such
underlying, in accordance with the mechanism provided by the Clearing
Corporation from time to time. The facility withdrawn may be reinstated upon
due compliance of the position limits.
It shall also be obligatory on FIIs /MFs to report any breach of
position limits by them / their sub-account/s/schemes, to the Clearing
Corporation and ensure that such sub-account/s/schemes do not take any fresh
positions in any derivative contracts in such underlying.
Violation of limits shall attract action as
specified in Item 15.
11.11 Scheme of Trading for NRIs
Item
12
CLOSING
OUT
In pursuance
of Bye-law 15 of Part B of Chapter VI of the Bye-laws and Chapter 6 of the
Regulations, provisions relating to closing out on account of non-performance
of obligations are specified as under:
12.1 Closing out
In the event of non-performance by a clearing
member of any of his obligations as specified in the Bye-laws, Rules and
Regulations, or for any other reason that the relevant authority may deem fit,
including, action initiated by Government/ Statutory/ Regulatory Agencies,
pursuant to any acts of violation/contravention of any statutes or Rules and/
or Regulations framed there under, committed by the clearing member and/ or
trading members and/ or constituents, clearing and settling through such
clearing member, the outstanding positions of such clearing member and/ or such
trading members and/ or such constituents, may be closed out at any time by the
Exchange, at the discretion of the Clearing Corporation, to the extent
possible, either by placing at the Exchange, counter orders in respect of the
outstanding position of clearing member, without any notice to the clearing
member and/ or trading member and/ or constituent, or by such other mechanism
provided by the Clearing Corporation from time to time. Such action shall be
final and binding on the clearing member and/ or trading member and/ or
constituent.
Clearing Corporation may also allow transfer of
all or any of the open positions of clients or such other open positions of
such clearing member, as may be specified from time to time, to any other
clearing member, who agrees to accept such transfer, subject to such terms and
conditions as may be specified by the Clearing Corporation from time to time.
Clearing Corporation may initiate such other risk
containment measures as it deems fit with respect to the open positions of the
clearing member and/ or trading member and / or constituent. Clearing
Corporation may also require clearing members to reduce/ close-out open
positions to such levels and for such contracts as may be decided by the
relevant authority from time to time.
In addition and without prejudice to the
foregoing, the Clearing Corporation may, within such time as it may deem fit,
advise the Exchange to withdraw any or all of the membership rights of clearing
member including the withdrawal of trading facilities of all trading members
and/ or clearing facility of custodial participants clearing through such
clearing members, without any notice.
Clearing Corporation may, in addition to the
foregoing provisions, take additional measures like, imposing penalties,
collecting appropriate deposits, invoking bank guarantees, encashment of fixed
deposit receipts, realising money by disposing off the securities, and
exercising such other risk containment measures as it deems fit and may further
take such disciplinary action as it may deem fit and appropriate in this
regard.
12.2 Close-out
facility
Trading members shall be provided an online facility to close- out open
positions in the F&O segment whose trading facility is withdrawn for any
reason subject to conditions specified below and that as may be specified by
the Clearing Corporation from time to time.
1. Clearing members shall be required
to send a written intimation (fax) to the Clearing Corporation containing a
list of trading members to be marked as eligible for close-out facility in the
format provided as per Annexure 48.
2. The clearing member shall be
permitted to change his option to mark a trading member as eligible/ ineligible
by sending a request for the same in the above mentioned format.
3. On disablement, only trading members
who have been made eligible for close-out by the clearing members may be
allowed to place close-out orders through this facility
4. Only orders which result in
reduction of existing open positions at a client level shall be accepted
through the close-out facility
5. Trading members shall not be allowed
to create any fresh position in the close-out mode
6. Trading members shall not be allowed
to place close out orders with custodial participant code
7. Trading members shall not be allowed
to do trade modifications while in close-out mode
Further,
this facility does not dilute the powers of the Clearing Corporation to
close-out under its Bye-Laws, Regulations and Circulars.
Item 13
SETTLEMENT
FUND
In pursuance of
Chapter XII of the Byelaws, administration of, contributions to, the Settlement
Fund for the Futures and Options Segment and charges for utilisation of the
same are specified herein.
13.1 Settlement Fund
A separate Settlement Fund shall be maintained
in respect of the Futures and Options Segment.
The utilisation of Settlement Fund towards
settlement obligations shall be in accordance with deals specified under Item 2
of this circular, unless specifically excluded by the relevant authority from
time to time.
Pursuant to the above, the following settlement
obligations are specifically excluded:
Settlement obligation arising out of any deal
where in the opinion of Clearing Corporation or the Exchange, there is prima
facie suspicion of fraud, wilful misrepresentations, malpractice or are subject
to any investigation by the relevant authority of either the Clearing
Corporation or the Exchange or by any statutory authority or are deals which
are not properly executed in accordance with the respective Bye-laws, Rules and
Regulations of the Exchange and/ or Clearing Corporation.
13.2 Contribution towards
Settlement Fund
Clearing members are required to provide
initial deposits to the settlement fund as specified hereunder:
Clearing members who are
corporate/firms/individuals are required to keep cash deposit with Clearing
Corporation of Rs.25 lakhs and a deposit of Rs.25 lakhs in such form and manner
as may be specified by the Clearing Corporation from time to time.
Clearing members, clearing and settling deals
on behalf of other trading members, shall make additional deposit of Rs.10
lakhs for each trading member.
The deposit requirements currently specified
are summarized as under:
|
Constitution of
Clearing Member |
Cash Deposit (Rs.
Lakhs) |
Deposit in the form
of approved collaterals (Rs. Lakhs) |
|
Corporate /Firms/Individuals |
25 |
25 |
|
For each trading member whose deals clearing
members undertake to clear and settle |
2 |
8 |
\
13.3 Penal charges for
utilisation of settlement fund
In the event of a clearing member failing to
meet his obligations to the Clearing Corporation, the Clearing Corporation may,
at its discretion, utilise the settlement fund to the extent and in such manner
as necessary.
The Clearing Member shall be required to immediately pay the amount so
utilised and also pay a penal charge at the rate of 0.07 % per day computed on
the amount outstanding from the day on which monies are due to be paid until
the day all obligations including shortfall in deposits are fulfilled.
Item 14
CLIENT MARGIN REPORTING
In pursuance of
Regulation 4.6 of the Futures and Options Segment, provisions relating to
Client margin reporting are prescribed as under:
Client Margin Reporting:
Members are required to collect initial margins from their client/constituents
on an upfront basis. It is mandatory for
all clearing /trading members to report details of such margins collected to
the Clearing Corporation in accordance with the procedure and formats specified
hereunder or as may be specified by the Clearing Corporation from time to time:
14.1 Files to be submitted by the
member
The name of the file to be uploaded by the trading member in the extranet
server is F_MRG_TM_<DDMMYYYY>_nn.CSV and that by the clearing member is
F_MRG_CM_<DDMMYYYY>_nn.CSV
where:
<DDMMYYYY> is the trade date
and ‘nn’ is the batch number of the file
The files are required
to be uploaded in the following directory on the extranet server:
/FAOFTP/F<MEMBERCODE>/COLAT/UPLD
where
MEMBER CODE is the 5 digit trading member code of the member. (eg. 09999)
Members are requested to take note of the following whilst uploading the
client margin reporting files:
Members may note the following procedure for providing client margin
details:
14.2 Return files to the members
A return file shall be generated for all files uploaded by the members
for client margin reporting with the correct naming convention.
The return file for member shall be placed in the extranet directory /FAOFTP/F<MEMBER CODE>/COLAT/DNLD.
The return file would be provided on succeeding working day, after the
file is loaded. In case of any errors in the file, the members would be able to
correct the same and upload the same on the extranet server with incremental
batch number anytime prior to Trade date +2 working days.
Two types of return files are generated for the members
1. Rejected Files –
File Naming convention: F_MRG_TMF_MEMBERCODE_<DDMMYYYY>_nn.CSV for
trading members and F_MRG_CMF_MEMBERCODE_<DDMMYYYY>_nn.CSV for clearing
members
Some reason for which a file may be rejected are mentioned as under
File loaded after the sign off date - Members are allowed to upload client margin
reporting file up to T+2 working days. Such files would be rejected with the
reason “File is not being processed as file upload date is greater than sign
off date”.
File loaded for future date - If the member uploads the file for September 12, 2008 on September 11,
2008, then the return file would indicate the rejection reason as ‘File is not
being processed as file date is greater than system current date’.
Member uploads file for an invalid day - If a member is not required to report the
client margin file for a day (say Saturday, Sunday, holiday etc.) and still
uploads the same, then the return file would be rejected with the message ‘File
is not being processed as the member code is invalid for the file date’.
Member uses non-serial batch number in file name - If the batch number provided by
the member for a trade date is not in sequence, for example if the member has
uploaded two files for the trade date September 12, 2008 with file names F_MRG_TM_12092008_01.CSV
and F_MRG_TM_12092008_03.CSV, the second file would be rejected with error
message ‘File is not being processed as file batch number is not proper. Last
successful batch no for the day was 01’.
File in wrong format - If the member has provided a file which cannot be read by the system
for example- non csv file, then return file would be rejected with the message
‘File is not being processed as the file is not in format’.
2. Processed File Records –
File Naming Convention: F_MRG_TMR_MEMBER CODE_<DDMMYYYY>_nn.CSV
for trading members and F_MRG_CMR_MEMBER CODE_<DDMMYYYY>_nn.CSV for
clearing members
After processing of client margin file, each record would have a reason
code indicating acceptance/ rejection, as the case may be. The details of
reason codes are as follows:
|
Reason Code |
Description |
|
01 |
Record size does not match for e.g. extra comma in the record |
|
02 |
Date in record does not match with file date |
|
03 |
Record is altered i.e. matching record does not exist in MG-13/MG-12
file. Possible error in date/ client code/ margin amount |
|
04 |
Record pertains to proprietary position for trading member |
|
05 |
Record pertains to proprietary position for clearing member |
|
06 |
Margin amount collected is negative or non numeric. |
|
07 |
Insufficient Margin |
|
08 |
Sufficient Margin |
14.3. Sign-off date
The cut off day upto which a member may report
client margin details to the Clearing Corporation is referred to as the sign
off date. It shall be 2 working days after the trade date.
14.4. Non-reporting/ non submission
of client margin:
All instances of non-reporting of client margins by the members shall be
treated similar to and as 100% short reporting of client margins and
accordingly penalties shall be imposed.
14.5 Penalty for short
/ non-reporting of client margin:
Penalty shall be levied in case of short/ non-reporting by
trading/clearing member as per Item 15.
14.6 Letters for penalty
Letters for client margin penalty and reprimand letters shall be
downloaded to the members through extranet into their respective folders.
(Path: /FAOFTP/F<MEMBER CODE>/LETTERS/DNLD)
14.7 No
Margin Liability
Clearing/trading members who have no margin liability i.e. both initial
margin and exposure margin is zero, shall not receive any margin file. If the
clients of clearing / trading member do not have any margin liability i.e where
both initial margin and exposure margin is zero for a client, such clients
shall not be reflected in MG 12 and MG 13 files.
14.8 Statement of account of settlement &
client margin
Clearing / trading members are required to collect upfront margins from
their respective trading members/constituents. In this respect, every clearing
/trading member is required to send a complete statement of account for
settlements and margins as reported in the client margin files submitted to the
Clearing Corporation in respect of trading member/constituents in such
periodicity as specified by the Exchange/Clearing Corporation from time to time.
The clearing/trading members are required to obtain confirmation from the
trading member /constituents/clients on an on going basis and preserve such
records for presentation to the relevant authority.
Item
15
VIOLATIONS
AND PENALTY
In pursuance
of Bye-law 16 of Part B of Chapter VI pertaining to Clearing and Settlement of
deals and Chapter VIII of the Bye-laws pertaining to Margins and Chapter 4 of
the Regulations, the following requirements are prescribed
15.1 Violation
Non-compliance of any provisions of the Rules,
Bye-laws and Regulations by any clearing / trading member shall be treated as a
violation and shall attract appropriate action under the Rules, Bye-laws and
Regulations of the Clearing Corporation, against such clearing / trading
member. Violations shall be treated to have been committed ipso facto.
Notwithstanding the generality of the above
provisions, violations in relation to any member may, inter-alia, shall be as
specified hereunder or as may be specified from the relevant authority from
time to time.
15.1.1 Non
fulfilment of initial margin obligations
When the initial margin liability of a clearing
member exceeds his effective deposit less minimum liquid networth or the
initial margin liability of a trading member exceeds the initial margin limit
specified by his clearing member, at any time, including during trading hours
it shall be treated as a violation
In the event of a violation, the Clearing
Corporation may advise the Exchange to withdraw any or all of the membership
rights of the clearing member including the withdrawal of trading facilities of
all trading members and/ or clearing facility of custodial participants
clearing through such clearing members.
In case of violation by trading member the Clearing Corporation may
advise the Exchange to withdraw trading facilities of the trading member.
Additionally, penalty and
penal charge as mentioned in 15.1.6 shall be levied for Non fulfilment of
initial margin obligations
15.1.2 Non-fulfilment
of settlement obligation
Non-fulfilment of settlement obligation towards
settlement of futures and options contracts by the scheduled date and time
shall be treated as a violation.
In case of a settlement shortage of Rs. 5 lakhs or more the Clearing Corporation may advise the Exchange
to withdraw any or all of the membership rights of the clearing member
including the withdrawal of trading facilities of all trading members and/ or
clearing facility of custodial participants clearing through such clearing
members.
In case of settlement shortage of less than
Rs.5lakhs the amount of shortage shall be blocked from the effective deposits
of the clearing member to the extent of funds shortage. This may lead to the
withdrawal of the trading facility of the clearing member and the associated
trading member.
Further, if the clearing member is short for an amount of Rs 2 lakhs or
more in six or more occasions in the preceding three months, the Clearing Corporation may advise the Exchange
to withdraw any or all of the membership rights of the clearing member
including the withdrawal of trading facilities of all trading members and/ or
clearing facility of custodial participants clearing through such clearing
members.
In case of any over-night settlement shortages
a penal charges of 0.07% per day of shortage shall be levied
15.1.3 Non-fulfilment of minimum deposit requirements.
Any failure on the part of a clearing member to meet with the minimum
deposit requirements as given in Item 8, at any point of time, shall be treated as a violation.
In case of shortage in minimum deposit requirements of Rs.5 lakhs
or more the Clearing Corporation may advise
the Exchange to withdraw any or all of the membership rights of the clearing
member including the withdrawal of trading facilities of all trading members
and/ or clearing facility of custodial participants clearing through such
clearing members.
In case of shortage in minimum deposit
requirement of less than Rs.5lakhs the clearing member shall require to replenish
the shortfall immediately but in any case not later than one week. In case the
shortfall is not replenished for a period of more than one week, the Clearing Corporation may advise the Exchange
to withdraw any or all of the membership rights of the clearing member
including the withdrawal of trading facilities of all trading members and/ or
clearing facility of custodial participants clearing through such clearing
members
In addition to the above, penal charges of 0.07% per day on the amount of shortages shall
be levied.
15.1.4
Exposure margin violation
When the exposure margin of a clearing member
exceeds his liquid net worth, at any time, including during trading hours it
shall be treated as a violation.
In the event of a violation, the Clearing
Corporation may advise the Exchange to withdraw any or all of the membership
rights of the clearing member including the withdrawal of trading facilities of
all trading members and/ or clearing facility of custodial participants
clearing through such clearing members.
Additionally, penalty and
penal charge as mentioned in 15.1.6 shall be levied for exposure margin
obligations
15.1.5 Trading
member wise position limit violation
When the open position of any trading member,
exceeds the limit specified as per item 10 above at any time, including during
trading hours, it shall be treated as a violation. In case of violation the
Clearing Corporation may advise the Exchange to withdraw trading facilities of
the trading member.
Additionally, penalty as
mentioned in 15.1.6 shall be levied for trading member wise position limit
violation
15.1.6
Penalty and penal charges for margin/limit violation
In respect of violation
mentioned in point 15.1.1, 15.1.4 and 15.1.5 penalty for margin / limit
violation shall be levied on a monthly basis based on slabs as mentioned below
or such other amount as specified by the Clearing Corporation from time to time
|
Instances of Disablement |
Penalty to be levied |
|
1st instance |
0.07% per day |
|
2nd to 5th instance of
disablement |
0.07% per day + Rs.5,000/- per instance from 2nd to 5th
instance |
|
6th to 10th instance of
disablement |
0.07% per day + Rs.20,000/- ( for
2nd to 5th instance) + Rs.10000/- per instance from 6th to 10th instance |
|
11th instance onwards |
0.07% per day + Rs.70,000/- ( for
2nd to 10th instance) + Rs.10,000/-
per instance from 11th instance onwards.
Additionally, the member will be referred to the Disciplinary Action
Committee for suitable action. |
Instances’ as mentioned
above shall refer to all disablements during market hours in a calendar
month. The penal charge of 0.07% per day
shall be applicable on all disablements due to margin violation anytime during
the day.
15.1.6
FII/Mutual Fund position limit violation
When the open position of
any FII/Mutual Fund, exceeds the limit specified as per item 11 above at the
end of the day the same shall be treated as a violation. In case of violation the Clearing
Corporation may advise the Exchange to withdraw the facility granted to such
FII /MF to take any fresh positions in any derivative contracts. A penalty of Rs. 5000/- or such other sum, as
may be specified by the Clearing Corporation from time to time, shall be levied
for each violation. The penalty amount shall be debited to the clearing account
of clearing member on the next business day.
15.1.7 Client
wise/NRI/sub account of FII/scheme of MF position limit violation:
When the open position of any
Client/NRI/sub-account of FII/scheme of MF, exceeds the limit specified as per
item 10 and 11 at the end of the day the same shall be treated as a violation.
In the event of violation, the following penalty
would be charged to the clearing members for every day of violation:
1% of the value of the quantity in violation (i.e.,
excess quantity over the allowed quantity, valued at the closing price of the security
in the normal market of the Capital Market segment of the Exchange) per client or
Rs.1,00,000 per client, whichever is lower,
subject to a minimum penalty of Rs.5,000/- per violation / per client.
When the client level/NRI/sub-account of
FII/scheme of mutual fund violation is on account of open position exceeding 5%
of the open interest, a penalty of Rs.5000 per instance shall be levied to the
clearing member.
The concerned clearing / trading member may in
turn recover such amount of penalty from the concerned clients who committed
the violation and became liable therefore.
15.1.8
Violations arising out of mis-utilisation of trading member/constituent/client
collaterals
and/ or deposits
When a clearing member utilises the collateral of
one trading member and/ or constituent towards the exposure and/ or obligations
other than for the same trading member and/ or constituents the same shall be
treated as a violation.
15.1.9
Violation of exercised positions
When the option contracts are exercised by a
clearing member, where no open long positions for such clearing / trading
member and/ or constituent existed, at the end of the day, at the time the
exercise processing is carried out, the same shall be treated as a violation.
15.1.10
Non-fulfilment of Capital Cushion requirement
Non-fulfilment of capital cushion requirements by
the scheduled date shall be treated as violation. The penalty as applicable for
violation of non-fulfilment of settlement obligation or such other penalty as
specified by the Clearing Corporation from time to time shall be levied.
15.1.11 Short /
non-reporting of client margin
The following penalty shall be levied in case of short reporting by
trading/clearing member per instance. The amount of penalty shall vary as per
the percentage of short reporting done by members as indicated below:
|
Percentage of short
reporting ( in terms of value) |
Penalty per instance |
|
<1% |
Nil |
|
>1% but less than or equal to 10% |
Reprimand Letter with no penalty |
|
>10% but less than or equal to 20% |
Rs.500 or 0.05% of the shortage amount whichever is higher subject to
maximum of Rs.50000 |
|
>20% but less than or equal to 100% |
Rs.1000 or 0.1% of the shortage amount whichever is higher subject to
maximum of Rs.100000 |
All instances of non-reporting shall amount to
100% short reporting and the penalty as applicable shall be charged on these
instances in respect of short reporting.
Additionally in respect of members who have
reported short collection of margins / not reported margin collections, on more
than three occasions in any calendar month, their penalties computation from
the fourth instance onwards shall be escalated by a multiple as mentioned below
|
Category |
Multiple |
|
More than 10% to 49.99% |
1.1 |
|
50% to 79.99% |
1.2 |
|
80% to100% |
1.3 |
15.1.12 Market wide Position Limit
violation
The procedure for monitoring market wide position limit as specified in
Item 10 above shall be as under:
15.2
Compliance towards violations
Clearing members, who have violated any
requirement and/ or limits as specified in the Rules/ Bye-laws and Regulations,
may reduce their open position as per the facility provided by the Clearing
Corporation or submit a written request to the Clearing Corporation to either
reduce their open position or, bring in additional collateral deposits by way
of cash or bank guarantee or FDR or securities in electronic form (demat
securities) in accordance with the provisions specified.,.
15.3 Effect of violations
In the event of a violation, the Clearing
Corporation may, within such time as it may deem fit, advice the Exchange to
withdraw any or all of the membership rights of the clearing member including
the withdrawal of trading facilities of all trading members and/ or clearing
facility of custodial participants clearing through such clearing members,
without any notice.
In addition, the outstanding positions of such
clearing member and/ or trading members and/ or constituents, clearing and
settling through such clearing member, may be closed out forthwith or any time
thereafter by the Exchange, at the discretion of the Clearing Corporation, to
the extent possible, by placing at the Exchange, counter orders in respect of
the outstanding position of clearing member without any notice to the clearing
member and/ or trading member and/ or constituent, and such action shall be
final and binding on the clearing member and/ or trading member and/ or
constituent. Clearing Corporation may initiate such other risk containment
measures as it deems fit with respect to the open positions of the clearing
member and/ or trading member and / or constituent.
Clearing Corporation may, in addition to the
foregoing provisions, take additional measures like, imposing penalties,
collecting appropriate deposits, invoking bank guarantees/ fixed deposit receipts,
realising money by disposing off the securities, and exercising such other risk
containment measures as it deems fit and may further take such disciplinary
action as it may deem fit and appropriate in this regard.
Item
16
ADJUSTMENTS
FOR CORPORATE ACTIONS
In pursuance
of Bye-law 12 of Part B of Chapter VI of the Bye-laws pertaining to Clearing
and Settlement of deals, Regulation 5A5 of Chapters 5A of the Regulations, the
following provisions for adjustment of open positions, in all derivative contracts
on individual securities, for corporate actions are prescribed:
16.1. Adjustment for
Corporate Actions
The basis for any adjustment for corporate action
shall be such that the value of the position of the market participants on cum
and ex-date for corporate action shall continue to remain the same as far as
possible.
16.2. Time of
Adjustment
Any adjustment for corporate actions shall be
carried out on the last day on which a security is traded on cum basis in the
underlying equities market, after the close of trading hours.
16.3. Adjustment
Adjustments shall mean modifications to positions
and / or contract specifications as listed below such that the basic premise of
adjustment laid down under 16.1 above is satisfied:
a) Strike Price
b) Position
c) Market
The adjustments shall be carried out on any or all
of the above, based on the nature of the corporate action. The adjustments for
corporate actions shall be carried out on all open, exercised as well as
assigned positions.
16.4. Corporate
actions to be adjusted
The corporate actions may be broadly classified
under stock benefits and cash benefits. The various stock benefits declared by
the issuer of capital are:
16.5. Methodology for
adjustment
The methodology to be adopted for adjustment of
corporate actions to be carried out shall be as follows:
16.5.1 Bonus, Stock Splits and Consolidations
The adjustment factor for Bonus, Stock Splits
and Consolidations is arrived at as follows:
16.5.1.1 Bonus
Ratio - A : B
Adjustment factor : (A+B)/B
16.5.1.2 Rights
Number of Existing
shares = A
Rights Entitlement
(Rights to subscribe) = B
Total Entitlement = A+B
Underlying close price on the last cum
date = P
Issue price of the rights =
S
Benefits per share =
E
Benefit
per Right Entitlement = (P – S)
E
= (P-S)/(A+B)
Adjustment
Factor is = (P-E)/P
Dividend if any, declared by the
company along with rights shall be adjusted as per the prevailing dividend
adjustment policy in F&O Segment.
16.5.1.3 Stock Splits
and Consolidations
Ratio - A : B
Adjustment factor : A/B
16.5.2 Adjustment in
case of fractions
The above methodology may result in fractions due
to the corporate action e.g. a bonus ratio of 3:7. With a view to minimising
fraction settlements, the following methodology shall be adopted:
1. Compute value of the position before adjustment
2. Compute value of the position taking into
account the exact adjustment factor
3. Carry out rounding off for the strike price and
market lot
4. Compute value of the position based on the
revised strike price and market lot
The difference between 1 and 4 above, if any,
shall be decided in the manner laid down by the relevant authority by adjusting
strike price or market lot, so that no forced closure of open position is
mandated.
16.5.3 Merger
16.5.4 Dividends
Dividends which are below 10% of the market value
of the underlying stock, would be deemed to be ordinary dividends and no
adjustment in the strike price would be made for ordinary dividends.
For extra-ordinary dividends, above 10% of the
market value of the underlying security, the strike price would be adjusted.
16.5.5 Other corporate
actions
The relevant authority may, on a case by case
basis, carry out adjustments for other corporate actions in conformity with the
above guidelines, including compulsory closing out, where it deems necessary.
Any change and/ or modification in the methodology
for adjustments of futures and option contracts on individual securities, from
the methodology detailed above, shall be notified by the Clearing Corporation
from time to time
ITEM
17
CONSOLIDATED LIST OF
FILES/REPORTS DOWNLOADED TO MEMBERS IN THE F&O SEGMENT
List of Files/ Reports and their formats downloaded by the Clearing
Corporation in the F&O segment is provided hereunder:
1. Detailed Contracts Reports (CN01)
2. Detailed Trades Report for Trading
Member (TR01)
3. Detailed Trades Report for Clearing
Member (TR02)
4. Security Transaction Tax Report for Trading Member (STT01)
5. Security Transaction Tax Report for Clearing Member (STT02)
6. Detailed Position File for Trading
Members (PS03)
7. Detail Position File for Clearing Member
(PS04)
8. Exercise Report for Trading Member
(EX01)
9. Exercise Report for Clearing Member (EX02)
10. Assignment reports for Trading
Members (AS01)
11. Assignment reports for Clearing
Members (AS02)
12. Bank Report for Next Day Obligations
(BK01)
13. Bank Summary Report for Clearing
Member (BK02)
14. Bank Transaction Report for Clearing
Member (BK03).
15. Margin Statement for Clearing Member
(MG09)
16. Margin Statement for Trading Member
(MG10)
17. Margin payable statement for
Clearing Member (MG11)
18. Detailed Margin File for Clearing Member
(MG12)
19. Detailed Margin File for Trading
Member (MG13)
20. Details of Collaterals submitted by
Clearing Member (CL01)
21. Details of turnover of Trading
Members for each month ( TMTO)
22. Span Risk Parameter Files
23. Portfolio Files
The file formats for these Files/Reports are detailed below:
1 Contracts Report (CN01)
Naming convention: F_CN01_DDMMYYYY.CSV.gz for all the members
Location: /FAOFTP/FAOCOMMON/MARKETREPORTS
File details and format:
Field Name
Contract Date
Contract Instrument Type
Symbol
Expiry Date
Strike Price
Option Type
Corporate Action level
Contract Regular
Contract Issue Start Date
Contract Issue Maturity Date
Contract Exercise Start Date
Contract
Exercise End Date
Contract
Exercise Style
Contract Active Market Type
Contract Open Price
Contract High Price
Contract Low Price
Contract Close Price
Contract Settlement Price
Contract Underlying Price
Contract Underlying Instrument Type
Contract Underlying Symbol
Contract Underlying Series
Contract Underlying Expiry Date
Contract Underlying Strike Price
Contract Underlying Option Type
Contract Underlying Corporate Action Level
2. Trades Report (TR01 and TR02)
Naming convention:
F_TR01_<MEMBER CODE>_DDMMYYYY.CSV.gz
for the trading member F_TR02_<MEMBER CODE>_DDMMYYYY.CSV.gz for the
clearing member
Location: FAOFTP/F<MEMBER CODE>/REPORTS.
File details and format:
Trade Number
Trade Date
Activity Type
Market Type
Instrument Type
Symbol
Expiry Date
Strike Price
Option Type
Corporate Action level
Buy Broker
Sell Broker
Trade Price
Trade Date Time
Trade Volume
Trade Token No
Trade Buy Branch
Buy
CM Code
Sell
CM Code
Trade Sell Branch
Buy Custodial Participant
Buy Side Confirmation
Sell Custodial Participant
Sell Side Confirmation
Buy Covered Uncovered Flag
Sell Covered Uncovered Flag
Buy Old Custodial Participant
Buy Old CM Code
Sell Old Custodial Participant
Sell Old CM Code
Trade Buyer
Trade Seller
Buy Order No
Sell Order No
Buy Account No
Sell Account No
Buy Remarks
Sell Remarks
Buy Position
Sell Position
Buy Proprietor Client Flag
Sell Proprietor Client Flag
Control Flag
Trade Execution Date Time
For the Field Description Trade Number, Buy/Sell Order Number the field
length shall be 16 digits. In addition to this all reports where trade number,
buy/sell order numbers are used the field length shall be 16 digits. Members are
requested to note that when opening .csv files in excel, the sixteenth digit
will get rounded off. Due care, therefore, needs to be taken when reading and
saving these files in excel. Further, in case of excel macro or other tools,
the data-type for handling order / trade number should be suitably defined.
3. STT file for clearing member:
Naming convention
F_STT02_<MEMBER CODE>_DDMMYYYY.CSV
Location: FAOFTP/F<MEMBER CODE>/REPORTS.
File details and
format:
Control
record type 10 – STT information at Clearing Member level
Record Type
STT date
Due Date of
payment
Clearing
Member Code
Total STT
Detail
record type 20 – STT information at Trading Member level
Record Type
STT date
Trading
Member Code
Total STT
Details
record type 30 – STT information at Client level
Record Type
STT date
Trading
Member Code
Trading
client code
Total STTDetails
record type 40 – STT information at client contract level for sale of contracts
Record Type
STT date
Trading
Member Code
Trading
Client Code
Instrument
Type
Symbol
Expiry Date
Strike
price
Option Type
CA level
Sell
quantity
Sell value
Taxable
sell value futures
Taxable
sell value options
STT futures
STT options
Total STTDetails
record type 50 – STT information at client contract level for exercise of
contracts
Record Type
STT date
Trading
Member Code
Trading
Client Code
Instrument
Type
Symbol
Expiry Date
Strike
price
Option Type
CA level
Exercise quantity
Exercise
value
Taxable
Exercise value
STT options
Total STT
4. STT file for trading
member:
File naming convention
F_STT01_<MEMBER CODE>_DDMMYYYY.CSV
Location: FAOFTP/F<MEMBER CODE>/REPORTS.
File details and format:
Control
record type 10 – STT information at Trading Member level
Record Type
STT date
Trading
Member Code
Total STTDetails
record type 20 – STT information at Client level
Record Type
STT date
Trading
Member Code
Trading
client code
Total STTDetails
record type 30 – STT information at client contract level for sale of contracts
Record Type
STT date
Trading
Member Code
Client Code
Instrument Type
Symbol
Expiry Date
Strike
price
Option Type
CA level
Sell
quantity
Sell value
Taxable
sell value futures
Taxable
sell value options
STT futures
STT options
Total STTDetails
record type 40 – STT information at client contract level for exercise of
contracts
Record Type
STT date
Trading
Member Code
Trading
Client Code
Instrument
Type
Symbol
Expiry Date
Strike
price
Option Type
CA level
Exercise quantity
Exercise
value
Taxable
Exercise value
STT options
Total STT
5. Detailed position file for
trading members (PS03)
Naming convention of the Position
File: F_PS03_<MEMBER
CODE>_DDMMYYYY.CSV.gz for the trading member.
File location:
directory /FAOFTP/F<MEMBER CODE>/REPORTS.
File details and format:
FIELD NAME DESCRIPTOR
1. Position Date Date
2. Segment Indicator 'F'
for F&O segment
3. Settlement Type 'F'
for Futures/ 'O' for Index Options/ 'S' for
Options on securities
etc.
4. Clearing Member Code CM
Code
5. Member Type 'M'
for TM/ 'C' for CP.
6. Trading Member Code TM
Code / CP Code
7. Account Type 'P'
for proprietary/ 'C' for client etc.
8. Client Account / Code Client
Account No. / Code
9. Instrument Type FUTIDX
/ OPTIDX / OPTSTK etc.
10. Symbol NIFTY
/ RELIANCE / CNXIT etc.
11. Expiry date Contract
expiry date
12. Strike Price '0'
for Futures Contracts
13. Option Type 'FF'/
'CA'/'CE'/'PA'/'PE'
14. CA Level '0'
for Futures Contracts / Number
15. Brought Forward Long Quantity B/F
long quantity
16. Brought Forward Long Value B/F
value for long futures positions/ 0 for options
17. Brought Forward Short Quantity B/F
short quantity
18. Brought Forward Short Value B/F
value for short futures poisitions/0 for options
19. Day Buy Open Quantity Quantity
purchased today
20. Day Buy Open Value Value
of purchased quantity
21. Day Sell Open Quantity Quantity
sold today
22. Day Sell Open Value Value
of sold quantity
23.
Pre Ex / Assgn Long Quantity Net
long quantity before exercise
24. Pre Ex / Assgn Long Value Net
long value for futures (0 for options)
25. Pre Ex / Assgn Short Quantity Net
short quantity before assignment
26. Pre Ex / Assgn Short Value Net
short value for futures (0 for options)
27.
Exercised Quantity Total
Valid exercised quantity / 0
28.
Assigned Quantity Total
Assigned quantity / 0
29.
Post Ex / Assgn Long Quantity Sr.
23 - Sr. 27
30.
Post Ex / Assgn Long Value Sr.
24 (0 for options)
31. Post Ex / Assgn Short Quantity Sr.
25 - Sr. 28
32. Post Ex / Assgn Short Value Sr.
26 (0 for options)
33. Settlement Price Calculated
Value (1) detailed below
34. Net Premium Calculated
Value (2) detailed below
35. Daily MTM Settlement Value Calculated
Value (3) detailed below
36. Futures Final Settlement Value Calculated
Value (4) detailed below
37. Exercised / Assigned Value Calculated
Value (5) detailed below
Value 1: Settlement Price
Value 2: Net Premium
Value 3: Daily MTM Settlement Value
Value 4: Futures Final Settlement Value
Value 5: Exercised / Assigned Value
6. Detailed position file for
clearing members (PS04)
Naming convention F_PS04_<MEMBER CODE>_DDMMYYYY.CSV.gz
File Location: /FAOFTP/F<MEMBER
CODE>/REPORTS
File details and format:
7. Exercise report for trading
/clearing members (EX01 and EX02)
Naming convention:
F_EX01_<MEMBER CODE>_DDMMYYYY.CSV.gz for the trading member
F_EX02_<MEMBER CODE>_DDMMYYYY.CSV.gz for the clearing member
File location: /FAOFTP/F<MEMBER
CODE>/REPORTS.
File details and Format:
Date
Exercise Number
Exercise Date
Clearing Member Code
Member Type
Member Code
Account Type
Client Account Code
Settlement Type
Instrument Type
Symbol
Expiry Date
Strike Price
Option Type
Corporate Action Level
Market Type
Requested
Quantity
Exercise
Type
Exercise
Style
Final Exercise Type
Exercise / Do Not Exercise Flag
Remarks
Acceptance Flag
Rejected Quantity
Rejection Reason
Valid Exercise Quantity
Settlement Price (underlying close price of the security)
Value (Settlement Price x Valid Exercise Quantity)
8 Assignment report for
trading/clearing members (AS01 & AS02)
File Naming convention:
F_AS01_<MEMBER
CODE>_DDMMYYYY.csv.gz for the trading member
F_AS02_<MEMBER
CODE>_DDMMYYYY.csv.gz for the clearing member
File Location Extranet directory /FAOFTP/F<MEMBER
CODE>/REPORTS
File details and
format:
Assignment Date
Segment
Indicator
Assigned Clearing Member Code
Assigned Member Account Type
Assigned Member Type
Assigned Member Code
Assigned Client Account Code
Settlement Type
Instrument Type
Symbol
Expiry Date
Strike Price
Option Type
Corporate Action Level
Assigned Quantity
Assignment Type (whether on account of interim or final exercise)
Settlement Price (underlying
close price of the security)
Value (Settlement
price x Assigned quantity)
9. Bank report for next day
obligations (BK01)
Naming convention: F_BK01_<MEMBER CODE>_DDMMYYYY_DD.CSV.gz
File Location: /FAOFTP/F<MEMBER CODE>/REPORTS
File details and format:
Transaction Received Date
Transaction Code
Transaction Number
Description
Debit Amount
Credit Amount
10. Bank summary report for clearing
member (BK02)
Naming convention: F_BK02_<MEMBER CODE>_DDMMYYYY.CSV.gz
for the clearing member.
File Location: /FAOFTP/F<MEMBER CODE>/REPORTS
File details and format:
Field Name
Summary Transaction Number
Description
Transaction Code
Debit/Credit
From Account Number
To Account Number
Sum Amount
11. Bank transaction report for
clearing member (BK03)
Naming convention: F_BK03_<MEMBER CODE>_DDMMYYYY.CSV.gz
for the clearing member.
File location: /FAOFTP/F<MEMBER CODE>/REPORTS
File details and format:
Summary Transaction Number
Segment Indicator
Bank Transaction Received Date
Transaction Code
Description
Debit/Credit
Original Amount
Amount Due
Amount Received
Amount Short
12. Margin statement for clearing
member (MG09)
Naming convention: -
F_MG09_<MEMBER CODE>_DDMMYYYY.LIS.gz
File location: /FAOFTP/F<MEMBER CODE>/REPORTS
File details and format:
Sr. No
TM/CP Code
Initial Margin
Premium Margin
Total Margin
Assignment margin
This report gives margin summary for the
clearing member code across all his TM/CPs.
13. Margin statement for trading member
(MG10)
Naming convention: - F_MG10_<MEMBER CODE>_DDMMYYYY.LIS.gz
File location: /FAOFTP/F<MEMBER CODE>/REPORTS
File details and
format:
Sr. No
Proprietary/ Client
Initial Margin
Premium Margin
Total Margin
This report gives margin
summary for the TM/CP code across with his account types.
14. Margin payable statement for
clearing member (MG11)
Naming convention -
F_MG11_<MEMBER CODE>_DDMMYYYY.LIS.gz
File location: /FAOFTP/F<MEMBER CODE>/REPORTS
File details and
format:
1.
Total Cash Capital
2.
Total Non-Cash Capital
3.
Total Capital (A1 + A2)
4.
Cash Component Required (%)
5.
Effective Deposits [Min (A1/A4, A3)]
6.
Non-usable Non-cash Capital (A3 - A5)
7.
Minimum Liquid Net Worth
8.
Initial Margin Amount
9.
MTM Value
10. Effective
Deposits Required For Initial Margin (B7 + B8)
11. Effective
Deposits Required For MTM value (B8 +B9)
12. Effective
Deposit requirement for the Clearing Member [Higher of (B10, B11)]
13. Excess Effective
Deposits Required (B12 –A5)
14. Minimum Free Deposit for Pay-in Transaction
15. Minimum Free Deposit
for Pay-out Transaction
16. Additional Deposit
Required
17. Daily Cash Margin
Already Paid By the Member
18. Non-usable Non-cash
Allocation
19. Cash Margin
Payable(+)/Receivable(-)
This report gives the
collateral and margin payable statement for a clearing member
15. Detailed margin file for
clearing member (MG12)
Naming convention -
F_MG12_<MEMBER CODE>_DDMMYYYY.LIS.gz
File location: /FAOFTP/F<MEMBER CODE>/REPORTS
File details and
format:
The file for a clearing member shall contain
the following values
Trade date
Trading member /Custodial participant code
SPAN margin
Net buy premium
Total margin
Exposure margin
16. Detailed margin file for trading
member (MG13)
Naming convention - F_MG13_<MEMBER
CODE>_DDMMYYYY.LIS.gz
File location: /FAOFTP/F<MEMBER CODE>/REPORTS
File details and
format:
The file for a trading member shall contain the
following values
Trade date
Client Code
SPAN margin
Net buy premium
Total margin
Exposure margin
17. Details of collaterals submitted
by clearing member (CL01)
Naming convention F_CL01_MEMBER CODE_DDMMYYYY.LIS.gz
File location: /FAOFTP/F<MEMBER CODE>/REPORTS
File details and
format:
1. BASE CAPITAL
1.1
NSCCL Deposit (Amount deposited with NSCCL towards clearing membership
requirement and towards deposit requirement for each trading member clearing
and settling through the clearing member. Sum of 1.1.1 to 1.1.8)
1.1.1 Bank Guarantee (Annexure A)
1.1.2 Cash Deposit
1.1.3 Fixed Deposit Receipts (Annexure B)
1.1.4 Cash Mutual Fund
1.1.5 Non-cash mutual Fund
1.1.6 Government Securities
1.1.7 Foreign Securities
1.1.8 Security Deposit
1.2 NSEIL Deposit (Amount deposited
with NSEIL towards trading membership requirement by trading members clearing
and settling through the clearing member).
Total Base Capital (1.1
+ 1.2)
2. ADDITIONAL BASE CAPITAL
2.1
Bank Guarantee (Annexure A)
2.2 Cash Deposit
2.3 Fixed Deposit (Annexure B)
2.4 Margin Amount Paid
2.5 VSAT Deposit
2.6 WDM Deposit
2.7 Cash Mutual Fund
2.8
Government Securities
2.9
Foreign Securities
2.10
Non-cash Mutual Fund
2.11
Security Deposit
Total Additional Base Capital (sum of 2.1 to 2.11)
3. TOTAL CAPITAL
4. EFFECTIVE DEPOSITS
4.1 Cash Component of Base Capital (1.1.1 +
1.1.2 + 1.1.3 +1.1.4 + 1.1.6+1.1.7+1.2)
4.2 Cash Component of Additional Base Capital
(sum of 2.1 to 2.9)
4.3 Total Cash Component (4.1 + 4.2)
4.4 Non-cash Component of Base Capital
(1.1.5+1.1.8)
4.5 Non-cash Component of Additional Base
Capital (2.10 + 2.11)
4.6 Total Non-cash Component (4.4 + 4.5)
4.7 Effective Deposit (@50 percent cash
component)
4.8 Total Blocked Amount (Annexure C)
4.9 Net
Effective Deposit (4.7 - 4.8)
Annexure
A:
Details of BC-Bank Guarantee:
|
Sr. No. |
NSCCL Ref no. |
BG. No |
Issuing Bank |
Issue Date |
Maturity Date |
Amount (Rs) |
Details of ABC-Bank Guarantee:
|
Sr No |
NSCCL Ref no. |
BG. No |
Issuing Bank |
Issue Date |
Maturity Date |
Gross Amt. (Rs) |
ADM block Amt. (Rs) |
CPC Block Amt. (Rs) |
Total Block Amt. (Rs) |
Amt (Rs) |
Annexure B:
Details of BC-Fixed Deposit:
|
Sr. No. |
NSCCL Ref no. |
FDR. No |
Issuing Bank |
Issue Date |
Maturity Date |
Amount (Rs) |
Details of ABC-Fixed Deposit:
|
Sr No |
NSCCL Ref no. |
FDR. No |
Issuing Bank |
Issue Date |
Maturity Date |
Gross Amt. (Rs) |
ADM block Amt. (Rs) |
CPC Block Amt. (Rs) |
Total Block Amt. (Rs) |
Amt (Rs) |
Annexure C:
Details of Total Blocked Amount:
|
Sr. No |
Block Reason |
Cash Amount(Rs) |
Non-Cash Amount (Rs) |
Annexure D:
Details of Collateral Release:
|
Sr. No. |
Type |
Collateral Type |
NSCCL Ref No. |
Custodian |
Symbol |
Quantity Released |
Amount Released (Rs) |
18.
Details of turnover of trading members for each month (TMTO)
Naming convention F_TMTO_<MEMBER CODE>_Start
Date_End Date.LIS.gz
File location: /FAOFTP/F<MEMBER CODE>/REPORTS
File details and format:
TM Code:
TM Name:
Period:
Report Date:
|
Month |
Futures Turnover |
Futures Final Settlement Value |
Option Premium Amount |
Exercised Strike Value |
Assigned Strike Value |
Total |
Futures Turnover = Trade Quantity * Trade Price
Option Premium Amount = Trade Quantity * Trade Price
Exercised Strike Value = Exercised Quantity * Strike Price
Assigned Strike Value = Assigned Quantity * Strike Price
Futures Final Settlement = Futures Final Long Settlement Value + Futures
Final Short Settlement Value
19. Daily SPAN Risk Parameter files
SPAN Risk Parameters files shall be generated based on the prices at
11:00 a.m., 12:30p.m., 2:00 p.m., 3:30 p.m., end of day and begin of day.
I.
Span
Risk Parameter File with scaled up margin (with look ahead days as 2)
applicable to the Clearing Members who have not opted for MTM settlement on T+0
day.
a. Begin of day / Intra-day files
Naming convention nsccl.<YYYYMMDD>.inn.spn.gz
where <YYYYMMDD> represents the current
system date
‘i’ represents
intra day file and
‘nn’
represents intra day file batch number.
b. End of day file
Naming convention nsccl.<YYYYMMDD>.s.spn.gz
where <YYYYMMDD> represents the current
system date
‘s’ represents end of the day file
II. Span Risk Parameter File with scaled
down margin (with look ahead days as 1) applicable to the Clearing Members who have
opted for MTM settlement on T+0 day.
a. Begin of day / Intra-day files
Naming convention nsccl.<YYYYMMDD>.inn_1.spn.gz
where
<YYYYMMDD> represents the current system date
‘i’ represents
intra day file and
‘nn’
represents intra day file batch number.
b. End of day file
Naming convention nsccl.<YYYYMMDD>.s_1.spn.gz
where
<YYYYMMDD> represents the current system date
‘s’ represents
end of the day file
File
location:
Risk Parameter File : /FAOFTP/FAOCOMMON/
Parameter. The Risk Parameter file would also be available at the NSE Website
at www.nseindia.com & Chicago Mercantile Exchange website :
ftp://ftp.cme.com/pub/span/data/nse/ at
the end of the day.
File
details and format:
1. This shall be common for all members
in the F&O segment, for each day.
2. File format shall be XML (Extended
Markup Language)
20. Portfolio
File
Naming
Convention:
<MEMBER
CODE>_<DDMMYYYY>_1.pos for trading member
<MEMBER CODE>_<DDMMYYYY>_2.pos for
clearing member
File
location: /FAOFTP/F<MEMBER CODE>/Portfolio
File
details and format:
1.
This file shall be a specific file for each member
(clearing and trading), for each day.
2.
File format shall be XML (Extended Markup Language).
3.
The file shall be generated only once a day i.e. at the
end of the day.
ITEM 18
LIST OF ANNEXURES
ANNEXURE 1
FORMAT OF CLEARING
MEMBER – CONSTITUENT (CUSTODIAL PARTICIPANT) AGREEMENT
1)
This
agreement is made on this ___________ day of ______, 200_, between
______________, a company/ partnership firm/ individual having its registered
office/ office/ residence at ___________________ registered as a Clearing
Member (hereinafter called the Clearing Member) with National Securities
Clearing Corporation Ltd. (hereinafter called “NSCCL”) which expression shall
unless repugnant to the context or meaning thereof include its successors,
legal representatives and permitted assigns) and __________________________, a
company/ partnership firm/ individual having its registered office/ office/
residence at ___________________ (hereinafter called “the Constituent ”) which
expression shall unless repugnant to the context or meaning thereof include its
successors, legal representatives and permitted assigns).
Whereas
1.
The
constituent is a(n) _______ and desires to effect purchase or sale of
securities in the Futures and Options segment of the National Stock Exchange of
India Ltd. (here in after called “NSEIL”) through more than one trading members
of NSEIL and clear and settle such
trades through Clearing member [who, in turn, agreed to clear and settle the
trades executed by the constituent through a trading member or trading
members], subject to the provisions contained in the Rules, Bye Laws and
Regulations of NSCCL (Futures & Options Segment).
2.
_______
is a Clearing Member of NSCCL and is,
inter alia, authorised to carry on the activities of clearing and settlement of
deals, which are executed on the Futures & Options Segment of NSEIL by the
trading member [who has appointed the Clearing Member to clear and settle his
deals] or on behalf of Constituents [who
have appointed the Clearing Member to clear and settle their deals]
3.
The
Constituent has approached the Clearing Member to undertake clearing &
settlement of deals and to discharge his duties and obligations towards NSCCL
on his behalf and the Clearing Member, in turn, agreed to clear & settle
the trades done by the constituent through a trading member or trading members
subject to the provisions contained in the Rules, Bye Laws and Regulations of
NSCCL (Futures & Options Segment) and the terms and conditions contained
herein.
4.
The
parties to this agreement are desirous of reducing the terms and conditions
agreed, in writing, as contained herein :
Now,
therefore, this agreement witnesseth as FOLLOWS:
1.
At
the request of the Constituent and in consideration of the Constituent agreeing
to pay certain fees and charges mentioned herein and abide by the terms and
conditions contained in this agreement, Rules, Bye-Laws and Regulations of
NSCCL and NSEIL, the Clearing Member hereby undertakes upon himself the
obligations of clearing and settlement of the deals of the Constituent
executed/ done, through one or more trading members, on the Futures &
Options Segment of NSEIL and to do all the acts, deeds and activities arising
from and/ or incidental to the clearing and settlement of such deals.
2.
Rights of the Clearing Member
(1)
The
Clearing Member shall be entitled to demand/ receive from the Constituent such
deposits in such form as he may specify from time to time.
(2)
Without
prejudice to the generality of the above, the Constituent shall place with the
Clearing Member an amount of Rs.____ as deposit which shall be maintained at
any point of time. Subject to the provisions of Bye Laws, Rules and Regulations
of NSCCL/NSEIL, in case of any shortfall in such deposit, the Clearing Member
shall be entitled to initiate any action necessary to protect his interests in
this regard against the Constituent.
(3)
The
Clearing Member shall be entitled to receive such fees, charges, or commission,
in respect of various services which he renders or agrees to render to the
Constituent, from the Constituent at such intervals as may be mutually agreed
upon.
(4)
The
Clearing Member shall specify, subject to the requirements prescribed by NSCCL
from time to time, the exposure margins up to which open positions can be taken
by the Constituent. Such limits may be increased or reduced by the Clearing
Member from time to time. The Clearing Member shall have the authority to
initiate any action necessary to protect his interests in this regard, which
may, inter alia, include restriction on further trading and closeout of open
positions of the Constituent.
(5)
The
Clearing Member shall be entitled to collect from the Constituent, margin(s) of
such amounts of such kinds, as he may deem necessary, which at any point of
time shall not be less than the amount stipulated by NSCCL from time to time.
The Clearing Member shall have authority to collect such additional margin(s)
as the Clearing Member may deem necessary or as per the requirement of NSCCL.
(6)
The
Clearing Member shall be entitled to receive from the Constituent such amounts
as may be required to be paid towards daily mark to market settlement of
futures contracts, final settlement of futures contracts, premium settlement of
option contracts, exercise settlement of option contracts or such other
settlement, as per the requirement of NSCCL.
(7)
The
Clearing Member shall have authority to close out/ liquidate the open positions
of the Constituent in accordance with the Rules/ Byelaws and Regulations of
NSCCL, in the case of non-payment of dues by the Constituent towards margins,
additional margins, daily mark to market settlement of futures contracts, final
settlement of futures contract, premium settlement of option contracts,
exercise settlement of option contracts or such other settlement, fees, ,
commission and/ or charges, by making necessary requests to NSEIL/ NSCCL for
initiating such action. In such case, any loss arising due to the closing out
of open positions shall be payable by the constituent and will be recovered
from the Constituent by the clearing member.
(8)
The
Clearing Member shall have the right to inspect the books of accounts, records,
documents and computerised data of the Constituent for which the Clearing
Member shall have free access to the premises occupied by the Constituent or by
any other person on his behalf.
3. Obligations of the Clearing
Member
(1)
The
money deposited by each Constituent shall be kept in a separate account by the
Clearing Member, distinct from his own account and shall provide the details of
margins collected for the trades executed by the constituent, to NSCCL as per
the requirements of NSCCL. .
(2)
The
Clearing Member shall inform the Constituent about the exposure margins
(including any increase or reduction in such limits) upto which open positions
can be taken by the Constituent.
(3)
The
Clearing Member shall be liable to pay to the Constituent any amount becoming
due and receivable by the constituent towards daily mark to market settlement
of futures contracts, final settlement of futures contracts, premium settlement
of option contracts, exercise settlement of option contracts and such other
settlement as per the requirements of NSCCL.
(4)
The
Clearing Member shall be required to refund any excess margin money to the
Constituent as per mutual agreement.
(5)
The
Clearing Member may settle the accounts on a periodical basis, if mutually
agreed between the Clearing Member and the Constituent, which should be in
accordance with the Byelaws, Rules & Regulations of NSCCL.
(6)
In
the event of default by the Clearing Member or his being declared a defaulter by NSEIL/ NSCCL, the amount paid by the
Constituent and got deposited with NSCCL shall remain safe and shall not be
utilised to meet the Clearing Member’s own
liabilities and/ or the liabilities of his other Constituents. In such
cases, the Clearing Member shall render all assistance to the Constituent for
transfer of Constituent ’s positions to some other Clearing Member, if such
event occurs.
(7)
In
the event of failure by the Clearing Member in the payment of any dues to the
NSCCL as well as the Constituent, the Constituent shall, with the prior
approval of NSCCL, have the right to transfer his own open positions
immediately to another Clearing Member.
The Clearing Member shall be obliged to pay to the Constituent for any
costs incurred for transfer of the open positions, if such event occurs.
(8)
In
case the Clearing Member is declared a defaulter by NSEIL/ NSCCL, and the
Constituent transfers his open positions to some other Clearing Member, the
Clearing Member shall be obliged to pay for any costs incurred for transfer of
the open positions.
(9)
If
due to the default of the Clearing Member, the open positions of the
Constituents are closed-out and any loss is incurred due to such close-out, the
Clearing Member shall reimburse such loss to all the Constituents except to the
Constituents because of whom the Clearing Member has defaulted.
(10)
The
Clearing Member shall treat the information pertaining to the Constituent as
confidential. The Clearing Member shall not disclose the same to any other
person except to the governmental, statutory, regulatory or legal authorities
on a request made by these authorities in writing.
(11)
The
Clearing Member shall be required to provide reports/ statements of mark to
market settlement of futures contracts, final settlement of futures contracts,
premium settlement of options contracts, exercise settlement of option
contracts or such other settlement, margin amounts and open positions to the
Constituent, for such period as may be mutually agreed.
4. Rights
of the Constituent
(1)
The
Constituent shall be entitled to have all the deals, executed through any
Trading Member or Trading Members on the Futures & Options Segment of
NSEIL, cleared and settled through the Clearing Member.
(2)
The
Constituent shall be entitled to receive intimation from the Clearing Member
about the exposure margins (including any increase or reduction in such limits)
upto which open positions can be taken by the Constituent.
(3)
The
Constituent shall be entitled to receive reports/ statements of mark to market
settlement of futures contracts, final settlement of futures contracts, premium
settlement of option contracts, exercise settlement of option contracts or such
other settlement, margin amounts and open positions from the Clearing Member,
for such period as may be mutually agreed.
(4)
The
Constituent shall be (liable) entitled to (pay to) receive from the Clearing
Member such amounts towards daily mark to market settlement of futures contracts,
final settlement of futures contracts, premium settlement of option contracts,
exercise settlement of option contracts and such other settlement as per the
requirement of NSCCL.
(5)
In
the event of the Clearing Member being declared a defaulter by NSCCL, the
Constituent, except the Constituent because of whom the Clearing Member has
defaulted, shall be entitled to transfer his open positions to some other
Clearing Member and recover any costs incurred for such transfers from the
Clearing Member.
(6)
In
the event of failure by the Clearing Member in the payment of any dues to NSCCL
as well as the Constituent, the Constituent shall, with the prior approval of
NSCCL have the right to transfer his own open positions immediately to another
Clearing Member. The Constituent shall also have the right to recover from
Clearing Member any costs incurred for transfer of the open positions.
(7)
In
case the open positions of the Constituents are closed-out due to the default
of the Clearing Member, the Constituent, except the Constituents because of
whom the Clearing Member has defaulted, shall be entitled to recover such loss
from the Clearing Member.
5. Obligations
of the Constituent
(1)
The
Constituent shall pay to the Clearing Member such deposits in such form as the
Clearing Member may specify from time to time.
(2)
Without
prejudice to the generality of the above, the Constituent shall place with the
Clearing Member an amount of Rs.____ as deposit which shall be maintained at
any point of time. Subject to the provisions of Bye Laws, Rules and Regulations
of the NSCCL/ NSEIL, the Clearing Member shall be entitled to initiate any
action necessary to protect his interest in this regard against the
Constituent.
(3)
The
Constituent shall pay to the Clearing Member such fees, charges, or commission
in respect of various services which he renders or agrees to render to the
Constituent at such intervals as may be mutually agreed upon by them.
(4)
The
Constituent shall pay to the Clearing Member margins of such amounts as may be
prescribed by NSCCL from time to time including additional margins, if any or
such higher amount of margins as may be mutually agreed with the Clearing
Member. The margins shall be deposited by the Constituent within such time and
in such form as may be specified by the Clearing Member.
(5)
The
Constituent shall be liable (entitled) to pay to (receive from) the Clearing
Member such amounts towards daily mark to market settlement of futures
contracts, final settlement of futures contracts, premium settlement of option
contracts, exercise settlement of option contracts and such other settlement as
per the requirement of NSCCL.
(6)
The
accounts shall be settled on a periodical basis as may be mutually agreed
between the Clearing Member and the Constituent.
(7)
The
Constituent shall be obliged to reimburse to the Clearing Members any loss
caused due to the closing out / liquidation of his open positions initiated by
the Clearing Member, on account of non-payment of dues by the Constituent
towards margins, additional margins, daily mark to market settlement of futures
contracts, final settlement of futures contracts, premium settlement of option
contracts, exercise settlement of option contracts or such other settlement,
fees, charges, commission, penalties and expenses, any other sum ,as per the
requirement of NSCCL.
(8)
The
Constituent shall do all such acts, deeds and activities that are necessary for
the purpose of strict compliance with the Rules, Bye Laws & Regulations of
NSEIL/ NSCCL by the Clearing Member.
(9)
If
due to the default of the Constituent, the open position of the Constituent is
closed-out and any loss is incurred due to such closeout, the Constituent shall
be liable to reimburse such loss to the Clearing Member.
6.
Termination of the Agreement
The agreement entered into between the Clearing
Member and the Constituent may be terminated by the parties by giving at least
one month written notice to the other party or as may be mutually
consented. Such cancellation or
termination shall not have any effect on transactions executed before the time
and date of termination and the parties shall enjoy the same rights and shall
have same obligations in respect of such executed transactions.
7.
Notice
Any communication between the
Clearing Member and the Constituent shall be made in any one or more of the
following ways:
(a) an electronic mail or fax
(b) delivering it by post
(c) sending it by registered post
(d) sending it under certificate of posting
(e) sending it by express delivery post /
courier services.
(f) sending it by telegram
(g) affixing it on the door at the last known
business or residential address
(h) advertising it at least once in any
prominent daily newspaper
8. Force Majeure
No liability shall result to either
party for delay in performance or non-performance of the obligations under the
agreement caused and/or contributed to by any event of force majeure. For
purposes of this Clause, "Force Majeure" means and includes wars,
insurrections, revolution, fires, floods, epidemic, quarantine restrictions,
declared general strikes in relevant industries, act of God, act of
governmental, statutory, regulatory or legal authority and such other acts or
events beyond the control of the non-performing party.
9.
No assignment
Neither party shall be entitled to assign or
otherwise transfer this agreement or any benefits, rights, obligations or
interests herein whether in whole or in part to any other agency without the
prior written consent of the other.
10.
Non-waiver
No forbearance, delay or indulgence by either
party in enforcing the provisions of this Agreement shall prejudice or restrict
the rights of that party nor shall any waiver of its rights operate as a waiver
of any subsequent breach and no rights, powers, remedies herein conferred upon
or reserved for either party is exclusive of any other right, power or remedy
available to that party and each right, power or remedy shall be cumulative.
11.
Arbitration
(1) All disputes, differences or
questions arising out of or in relation to the agreement including the
interpretation of the terms contained herein with regard to the obligations,
failure or breach thereof by any of the parties and/or of any matter whatsoever
arising out of the Agreement, shall in the first instance be resolved mutually
by the parties.
(2) If the parties fail to resolve the
same mutually, then the same shall be referred to the arbitration in accordance
with the Rules, ByeLaws and Regulations of NSCCL.
12.
Jurisdiction
This agreement shall be subject to
the exclusive jurisdiction of the courts in ____.
IN WITNESS THEREOF, the parties to this agreement have caused these
presents to be executed as of the day and year first above written.
Signed for and on behalf of
CLEARING MEMBER :
By :
Signature :
Title :
Witness :
Signed for and on behalf of
CONSTITUENT :
By :
Signature :
Title :
Witness :
ANNEXURE 2
FORMAT OF LETTER FOR PAYMENT OF DAILY MARK TO MARKET ON T+0 BASIS
Date:
To,
Manager
Clearing
& Settlement (Futures & Options Segment)
National
Securities Clearing Corporation Ltd
Bandra Kurla
Complex,
Bandra East
Mumbai – 400 001
Dear Sir,
CM Code :
Sub Payment of Mark to Market
Settlement on T+0 day
As per the facility provided by the Clearing Corporation we would like to
opt for payment of daily mark to market settlement in the F&O Segment for
the quarter ending …...
You
are requested to enable the facility for us and accordingly not levy scaled up
margins
.
Thanking you,
Yours sincerely
Authorised Signatories
CM Name :
CM Code :
Name:
Designation
ANNEXURE 3
THEORETICAL FUTURES PRICE CALCULATION MODEL
Theoretical futures price
calculation model for Futures
The theoretical price of a futures contract shall be computed as per the
following formula:
F = S * e rt
where:
F = theoretical futures price
S = value of the underlying index/individual security
r = rate of interest (MIBOR)
t = time to expiration
Rate of interest may be the relevant MIBOR rate or
such other rate as may be specified.
Theoretical futures price
calculation model for Interest rate Futures
Theoretical price for futures contracts on interest rate, wherever
required, shall be computed as may be directed by relevant authority in this
regard. Presently the theoretical price shall be the futures prices computed
using the spot prices arrived at from the applicable ZCYC Curve.
The theoretical price of a futures contract shall be computed as per the
following formula:
F = S * e rt
where :
F = theoretical futures price
S = Spot price arrived from the ZCYC Curve
r = rate of interest (MIBOR)
t = time to expiration
Rate of interest may be the relevant MIBOR rate or
such other rate as may be specified.
ANNEXURE 4
STATEMENT OF
SECURITIES TRANSACTION TAX FOR DERIVATIVES
Stock Exchange Stock Broker Name
Stock Broker Code Trading Client Name
Trading Client Code Trading Client MAPIN
Trading Client PAN Contract Note Date
Contract Note No
|
Serial No |
Security |
Expiry Date |
Value of Transactions Futures |
Value of Transactions Options |
Value of Transactions Options Exercised STT |
Total STT |
|
|
|
|
|
|
|
|
TOTAL
For ____________________
Place:
Date: Authorised
Signatory
ANNEXURE 5
LIST OF DESIGNATED
CLEARING BANKS AND BRANCHES
|
Clearing Bank |
Address |
Contact Person & Numbers |
|
Axis Bank Ltd. |
Capital Market Division Fort, Mumbai - 400 001 |
Mr. Sunil Sharma, Asst. Vice President Tel: 66107250 / 78 / 80 Fax: 66107284 |
|
Bank of India Ltd. |
Stock Exchange Branch, P.J.Towers, Dalal Street Fort , Mumbai - 400 023 |
Mr. R. S. Nair, Dy. General Manager Tel: 22722400 / 396, 22721787 / 88 Fax: 22721782 |
|
Canara Bank Ltd. |
NSE Branch, Varma Chambers, 1st Floor Fort , Mumbai - 400 001 |
Mr. Paratho Sarathi, Chief Manager Tel: 22693157, 22633006, 22658291 Fax: 22675650, 22670033 |
|
Citibank N.A. |
CITI group center, 6th floor, C-61, Bandra Kurla Complex, Bandra (East) Mumbai – 400 051 |
Mr. Rajarshi Chakraborty, Asst Vice President Tel. No.: 40015652 Mr. KVP Satish Chandra, AVP Tel. No.: 40015192 |
|
The Hongkong & Shanghai Banking Corporation Ltd. |
52/60, M Fort, Mumbai - 400 001 |
Mr. Ritesh Jain, Vice President Tel: 22681175 / 22681690 Fax : 22734388 |
|
ICICI Bank Ltd. |
Capital Market Division Mafatlal Chambers, ‘B’ wing, 3rd Floor, N.M. Joshi Marg, Lower Parel (East) Mumbai 400
013 |
Ashish Kapoor - 9930061165 Hemanshi
Shah - 9833988770 Mr. Devendra N
Chandavarkar, Chief Manager Tel: 66672085 Fax: 66661430 |
|
HDFC Bank Ltd. |
1 st Floor, 65, Mumbai Samachar Marg, Mumbai - 400 023 |
Mr. Chetan A. Shah, Asst Vice President Tel: 24921750 Mr. Ashish Agarwal Tel: 24988484 Extn 3565 Fax : 24923411 |
|
IDBI Bank Ltd. |
Mittal Tower, ‘A’ Wing, 2nd Floor, Nariman Point, Mumbai - 400 021 |
Mr.Kaushik Bagchi, Product Head Tel: 66552281 Mr. Ajay Thakur. Asst Manager Tel: 66977804 / 00 |
|
IndusInd Bank Ltd. |
57, Mumbai Samachar Marg, Fort, Mumbai - 400 001 |
Mr. Pradeep Bhave, VP & Branch Head Tel: 66347722 Mr. Yogesh Adke, Asst. Vice President Tel : 66366589 Fax: 66366590 |
|
Kotak Mahindra Bank Ltd. |
13th floor, Nariman Bhavan, 227, Nariman Point Mumbai 400 021 |
Mr. Prasad Ramaswamy, Associate VP - Operations Tel: 66153065 Fax: 56563451 |
|
Standard Chartered Bank |
5th
floor, Fort, Mumbai 400 001 |
Mr. Girish Bhatia, Associate Director Tel: 66314285 |
|
Union Bank
of |
Capital Market Cell Mumbai Samachar Marg Branch, 66/80, Mumbai Samachar Marg Fort Mumbai 400 023 |
Mr. Girishchandra Kashyap, Sr Manager Tel : 22629335 Mr. R.S. Majithia, Asst. General Manager Tel: 22629303 Fax: 22642742 |
|
State Bank
of |
Mumbai Main Branch 1st floor, International Banking Division, Mumbai Samachar Marg Mumbai 400 023 |
Mr. Doiphode, Asst. General Manager Tel: 22695272 Mr. A.B. Pote, Manager Tel: 22661765 |
The latest list of designated clearing banks and their contact details
are available on the web-site, www.nseindia.com
ANNEXURE 6
FORMAT OF LETTER TO BE
SUBMITTED BY CLEARING MEMBER TO CLEARING BANK FOR OPERATION OF CLEARING ACCOUNT
Date:
From:
[Clearing Member name and address]
To:
[Clearing bank name and address]
Sir/Madam,
Sub: Operation of Clearing Bank for National Securities Clearing
Corporation Limited (NSCCL).
Ref: Our Clearing Bank Account No:______________ with [ Clearing Bank
name and address]
With reference to the above, we note that:
1. National Stock Exchange of India Ltd. has formed National Securities
Clearing Corporation Limited (NSCCL) as a wholly owned subsidiary to undertake
clearing and settlement activity for its Members. NSCCL has established a
clearing and settlement system, whereby its members will be able to undertake
the clearing and settlement of deals admitted.
2. The bank has been nominated / appointed as a Clearing Bank for the
purpose of Clearing and Settlement by NSCCL.
3. As per the Byelaws, Rules and Regulations of NSCCL, the member shall
authorise the Clearing Bank to access their clearing account for debiting &
crediting their accounts as per the instructions received from NSCCL from time
to time.
4. Having due regard to the above, we hereby irrevocably authorise the
Clearing bank to debit and credit our above mentioned account number as per the
instructions received from the Clearing Corporation from time to time. Further,
we authorise the Clearing Bank to report balances and other information
relating to this account to NSCCL as may be required by NSCCL from time to
time. This irrevocable undertaking will be effective from the date of
commencement of operation of the clearing account by NSCCL.
5. We further hereby undertake to abide by such other or further
guidelines / instructions as may be communicated / decided by NSCCL.
Yours faithfully,
Authorised Signatory
Designation
ANNEXURE 7
LIST OF BANKS APPROVED
FOR ISSUING BANK GUARANTEES AND FDRS
|
Sr. No |
Bank Name |
|
1 |
ABN AMRO BANK NV |
|
2 |
ALLAHABAD BANK |
|
3 |
ANDHRA BANK |
|
4 |
AXIS BANK LTD |
|
5 |
BANK OF |
|
6 |
BANK OF |
|
7 |
BANK OF |
|
8 |
BANK OF |
|
9 |
BANK OF NOVA |
|
10 |
BANK OF RAJASTHAN LTD |
|
11 |
BARCLAYS BANK PLC |
|
12 |
BNP PARIBAS |
|
13 |
CANARA BANK |
|
14 |
CENTRAL BANK OF |
|
15 |
CITIBANK NA |
|
16 |
CITY UNION BANK LTD. |
|
17 |
CORPORATION BANK |
|
18 |
DBS BANK LTD |
|
19 |
DENA BANK |
|
20 |
DEUTSCHE BANK AG |
|
21 |
DEVELOPMENT CREDIT BANK LTD |
|
22 |
DHANALAKSHMI BANK LTD |
|
23 |
FEDERAL BANK LTD |
|
24 |
HDFC BANK LTD |
|
25 |
HONGKONG AND SHANGHAI BANKING CORPORATION
LTD |
|
26 |
ICICI BANK LTD |
|
27 |
IDBI LTD |
|
28 |
INDIAN BANK |
|
29 |
INDIAN OVERSEAS BANK |
|
30 |
INDUSIND BANK LTD |
|
31 |
ING VYSYA BANK LTD |
|
32 |
JAMMU & KASHMIR BANK LTD |
|
33 |
JP MORGAN CHASE BANK NA |
|
34 |
KARNATAKA BANK LTD |
|
35 |
KARUR VYSYA BANK LTD |
|
36 |
KOTAK MAHINDRA BANK LTD |
|
37 |
LAKSHMI VILAS BANK LTD |
|
38 |
ORIENTAL BANK OF COMMERCE |
|
39 |
PUNJAB & SIND BANK |
|
40 |
PUNJAB NATIONAL BANK |
|
41 |
SOCIETE GENERALE |
|
42 |
SOUTH INDIAN BANK LTD |
|
43 |
STANDARD CHARTERED BANK |
|
44 |
STATE BANK OF BIKANER & JAIPUR |
|
45 |
STATE BANK OF |
|
46 |
STATE BANK OF |
|
47 |
STATE BANK OF |
|
48 |
STATE BANK OF |
|
49 |
STATE BANK OF |
|
50 |
STATE BANK OF TRAVANCORE |
|
51 |
SYNDICATE BANK |
|
52 |
TAMILNAD AND MERCANTILE BANK LTD |
|
53 |
THE CATHOLIC SYRIAN BANK |
|
54 |
UCO BANK |
|
55 |
UNION BANK OF |
|
56 |
UNITED BANK OF |
|
57 |
VIJAYA BANK |
|
58 |
YES BANK LTD |
ANNEXURE 8
FORMAT OF LETTER FOR SUBMISSION OF FIXED DEPOSIT RECEIPT TOWARDS
SECURITY DEPOSIT TO THE CUSTODIAN
Date :
To
Name & Address of custodian (F & O Segment)
Dear Sir,
As per National Securities Clearing Corporation’s (NSCCL) requirements
and in compliance of prescribed norms of NSCCL, we have to furnish security
deposit and accordingly have furnished you the same in the form of FDR (FDR
No.------------ ) placed with ____________________________ Bank, issued as
“Name of Custodian” - A/c. “Clearing
Member Name” for Rs. ______/- (Rupees ___________________________
only.)
I/We hereby agree and consent that as the custodian of NSCCL, you shall
have an irrevocable authority to encash the said FDR and to withdraw the said
FDR amount at any time, even prior to maturity, without notice to me/us for recovery/adjustment
of NSCCL/NSEIL dues and we have no objections whatsoever for the same.
I/We agree that you may renew the FDR for periods of one year each time
till the FDR is released by NSCCL.
I/we agree that on the encashment of FDR, NSCCL will be entitled to the
interest accrued on the said FDR also and you are hereby authorised to pay the
accrued interest to NSCCL alongwith the principal amount (FDR amount) payable.
Yours faithfully,
Authorised Signatory
________ Clearing Member name and – Clearing member ID
ANNEXURE 9
FORMAT OF LETTER TO BE
GIVEN BY THE BANK ISSUING THE SECURITY DEPOSIT FDR TO THE CUSTODIAN
Date:
To
Name & Address of the custodian
Dear Sir,
We refer to the fixed deposit receipt (FDR) bearing no. ______________
issued for Rs.___________ ( Rs in
words) in your name (A/c Clearing
Member's name)
We hereby confirm that
i.)
There
is no lock in period for encashment of the said FDR.
ii.)
The
amount under the said FDR would be paid to you on demand, at any point of time
without any reference to the ________________ (name of clearing member).
iii.)
Encashment
whether premature or otherwise would not require any clearance from any other
authority / person.
iv.)
We
agree that on the encashment of FDR, the interest accrued will also be released
to you.
v.)
We
agree that the FDR will be renewed for such periods as you may instruct.
vi.)
The
FDR is payable at Mumbai (In case FDR is issued from places other than Mumbai,
Yours faithfully,
Authorised Signatory
__________ Bank Ltd.
ANNEXURE 10
FORMAT OF LETTER FOR
SUBMISSION OF FIXED DEPOSIT RECEIPT TOWARDS SECURITY DEPOSIT TO CLEARING
CORPORATION
Date:
To
National Securities Clearing Corporation Ltd (F & O Segment)
Exchange
Plaza
Bandra
Kurla Complex
Bandra
(E)
Mumbai-400 051
Dear Sir,
As per National Securities Clearing Corporation's (NSCCL) requirements
and in compliance of prescribed norms of NSCCL, we have to furnish you security deposit and accordingly have
furnished you the same in the form of FDR (FDR No.---------) placed with
____________________________ Bank, issued as NSCCL A/c.(clearing member
name) for Rs. ______/- (Rupees
_____________________ only.)
I/We hereby agree and consent that you shall have an irrevocable
authority to encash the said FDR and to withdraw the said FDR amount at any
time, even prior to maturity, without notice to me/us for recovery/adjustment
of NSCCL/NSEIL dues and we have no objections whatsoever for the same.
I/We agree that you may renew the FDR for period of one year each time
till the FDR is released by you.
I/we agree that on the encashment of FDR, you will be entitled to the
interest accrued on the said FDR and you are hereby authorised to receive the
accrued interest from the Bank along with the principal amount (FDR amount)
payable.
Yours faithfully,
Authorised Signatory
________ Clearing Member name and (Clearing member ID)
ANNEXURE 11
FORMAT OF LETTER TO BE
GIVEN BY THE BANK ISSUING SECURITY DEPOSIT FDR TO CLEARING CORPORATION
Date:
To
National Securities Clearing Corporation Ltd.
Exchange
Plaza
Bandra
Kurla Complex
Bandra
(E)
Mumbai-400 051
Dear Sir,
We refer to the fixed deposit receipt (FDR) bearing no. ______________
issued for Rs.___________ , ( Rs in words)
in your name (A/c Clearing Member's name)
We hereby confirm that
i.)
There
is no lock in period for encashment of the said FDR.
ii.)
The
amount under the said FDR would be paid to you on demand, at any point of time
without any reference to the ________________ (name of clearing member).
iii.)
Encashment
whether premature or otherwise would not require any clearance from any other
authority / person.
iv.)
We
agree that on the encashment of FDR, the interest accrued will also be released
to you.
v.)
We
agree that the FDR will be renewed for such periods as you may instruct.
vi.)
The
FDR is payable at Mumbai ( In case FDR is issued from places other than Mumbai,
Yours faithfully,
Authorised Signatory
______ Bank Ltd.
ANNEXURE 12
FORMAT OF BANK GUARANTEE
BG NO: __________________
Date: __________________
National
Securities Clearing Corporation Ltd
Bandra
Kurla Complex,
Bandra
(East),
Mumbai
– 400 051
Dear Sirs:
This
guarantee bearing No. _________________________
is issued by ____________________________,
a body corporate constituted under the___ Act, 19____having its Head Office at ___________________________________________
(hereinafter referred to as the “Bank” which term shall wherever the context so
permits includes its successors and assigns) in favour of National Securities
Clearing Corporation Limited, a company incorporated under the Companies Act,
1956 and having its registered office at Exchange Plaza, Plot C-1, G Block,
Bandra Kurla Complex, Bandra (East), Mumbai – 400 051 (hereinafter referred to as “NSCCL” which
expression shall include its successors and assigns).
Whereas
OR
M/s ______________________________________________,
a partnership firm registered under the Indian Partnership Act, 1932 and having
their office at _____________________________________________ (Complete
Address), (hereinafter referred to as the “Clearing Member”, which expression
shall include their successors and assigns ) /* is/are a Clearing
Member of NSCCL.
OR
BG NO: __________________
Date:
__________________
M/s___________________________________________________., incorporated as a company under
the Companies Act, 1956 and having its registered office at ___________________________(Complete
Address), (hereinafter referred to as the “Clearing Member”, which expression
shall include its successors and assigns ) * is/are a Clearing
Member of NSCCL.
b. One
of the conditions of Clearing Membership of NSCCL is that the Clearing Member
maintains with NSCCL security deposit/ margin deposit in the form of shares and
other securities of a value not less
than Rs. _______
after applying suitable margins as prescribed by NSCCL, for Futures
and Options Segment.
c. At
the request of the Clearing Member, NSCCL has agreed to accept a bank guarantee
in lieu of such security deposit/ margin deposit, as the case may be in favour
of NSCCL from an approved commercial bank for an equivalent amount of Rs._________________________________________________.
d. The Clearing Member has requested the
Bank to furnish to NSCCL a guarantee
for
Rs.__________________________________________________.
Therefore these presents:
1.
This
guarantee shall be governed by the terms and conditions of the Master Agreement
dated ________executed between the Bank and NSCCL and the same shall form a
part and parcel of this guarantee as though the same have been incorporated in
this guarantee.
2.
The
liability of the Bank under this guarantee shall not exceed Rs._______________.
3.
This
guarantee shall be valid for a period of _________ months i.e. upto ____. However, the Bank is liable to pay the
guaranteed amount if NSCCL serves upon Bank a written claim or demand on or
before ____________ (i.e. within ___ _____ after the date of expiry of the bank
guarantee as mentioned in clause 3 above).
Executed this ____ day of ______________ at
_______
For ________(Bank)
Authorised Signatories
Seal of the Bank
*Strike out whichever
is not applicable
Instructions:
The above printed format is required to be used.
1) Strike out / delete Security Deposit
or Margin deposit whichever is not applicable in clause b
2) In case of margin deposit bank
guarantee strike out / delete “of a value not less than Rs. _______” in clause b
3)
The Bank Guarantee to be
stamped for Rs.100/- or the value prevailing in the State where executed,
whichever is higher. Bank Guarantee to be executed on Non-Judicial stamp paper(s) or on
paper franked from Stamp Office
4) All the blanks in the format are
required to be duly filled by the issuing bank along with the signature of the authorised
signatory and stamp of the bank.
5) Each page of the bank guarantee
should bear the bank guarantee number and issue date and should be signed by
two authorised signatories of the bank unless the bank has specifically
intimated NSCCL that only one authorised signatory shall sign the bank
guarantees issued by them in favour of NSCCL.
ANNEXURE 13
FORMAT OF DEED OF
PLEDGE FOR CLEARING MEMBERS FOR DEPOSIT OF SECURITIES FOR SECURITY DEPOSITS
To be executed on non judicial stamp
paper of Rs. 100/- or in accordance with the prevailing rates applicable in the
place of execution, whichever is higher.
This Deed of Pledge (hereinafter referred to as "the Deed") is
executed at _______________ on this ___ day of _________ 20___ by
_______________________________, S/o / d/o / w/o __________________
residing at _____________________ and having his office at
________________________________ *
_____________________________, a partnership firm registered under the
Indian Partnership Act, 1932 and having its office at
__________________________________*
________________________Ltd., incorporated as a company under the
Companies Act, 1956 and having its registered office at
_______________________________________*
(hereinafter referred to as "Clearing Member" which expression shall unless repugnant to
the context thereof include successors, administrators and assigns) in favour
of National Securities Clearing Corporation Limited, a company incorporated
under the Companies Act, 1956 and having its registered office at Exchange
Plaza, Bandra Kurla Complex, Bandra (E), Mumbai-400 051 (hereinafter referred to as "NSCCL"
which expression shall unless repugnant to the context thereof, include its
successors and assigns).
WHEREAS
a) The Clearing Member is admitted to the Clearing Membership of Futures
and Options segment of NSCCL.
b) One of the requirement of the clearing Membership is that the
Clearing Member shall maintain with NSCCL security deposits in the form of
cash, bank guarantees or securities for the due performance and fulfilment by
him/it of his/its engagements, commitments, operations, obligations or
liabilities as a Clearing Member including any sums due by him/it to NSCCL or
any other party as decided by NSCCL arising out of or incidental to any
contracts made, executed, undertaken, carried out or entered into by
him/it.
c) The securities to be deposited by the Clearing Member shall be
securities in dematerialised form and as may be approved by NSCCL from time to
time to an extent of Rs. ________ /- (Rupees ________________ only) or of such
value as may be specified by NSCCL from time to time.
d) The Clearing Members shall deposit the securities with such
custodians acting as depository participants as may be determined by NSCCL from
time to time.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. In consideration of NSCCL having agreed to accept approved
dematerialised securities as a security deposit to an extent of Rs.____________
/- (Rupees _______________________________ only), or of such value as may be
specified by NSCCL from time to time, the Clearing Member hereby pledges
securities (hereinafter referred to as "Said Securities" and which
are described in the Schedule annexed hereto and which Said Securities shall
include all the securities deposited from time to time in addition,
substitution or replacement thereof) with NSCCL as security for due performance
and fulfillment by him/it of all engagements, commitments, operations,
obligations or liabilities as a Clearing Member of NSCCL including any sums due
by him/it to NSCCL or National Stock Exchange of India Limited (hereinafter
referred to as "NSEIL") or any other party as decided by NSCCL
arising out of or incidental to any contracts made, executed, undertaken, carried out or entered
into by him/it.
2. The Clearing Member if so determined by NSCCL shall place the Said
Securities in the absolute disposition of such custodian/depository participant
in such manner as decided by NSCCL and such possession and disposition may be
apparent and indisputable notwithstanding the fact that the Clearing Member may
be permitted to have access to the Said Securities in the manner and subject to
such terms and conditions as determined by NSCCL and provided further that
during such time the Clearing Member confirms, affirms and covenants with NSCCL
that he/it shall do all such acts and
things, sign such documents and pay and incur such costs, debts and expenses as
may be necessary without prejudice to
any other obligations, liabilities, duties which he/it owes as a Clearing
Member.
3. The Clearing Member declares and assures that all the Said Securities
are in existence, owned by him/it and free from any prior charge, lien or
encumbrance and further that all the Said Securities over which pledge may be
created in future would be in existence and owned by him/it at the time of
creation of such pledge and that all the Said Securities to be given in future
as security to NSCCL would likewise be unencumbered, absolute and disposable
property of the Clearing Member.
4. The Clearing Member agrees that he/it shall not without NSCCL's prior
written permission create any charge, lien or encumbrance of any kind upon or
over the Said Securities hereby pledged except to NSCCL, that he/it shall not
suffer any such charge, lien or encumbrance to affect the Said Securities or
any part thereof and further that he/it shall not do or allow anything to be
done that may prejudice the Said Securities while he/it remains liable to NSCCL
in any manner without the prior written permission of NSCCL.
5. The Clearing Member agrees, declares and undertakes that he/it shall
be bound and abide by the terms and conditions of the Scheme for the Deposit of
securities in dematerialised form as formulated and determined by NSCCL, for security
deposit either in their existing form or as modified/changed/altered /amended
from time to time pursuant to requirement/ compliance of Clearing Membership.
6. If in the opinion of NSCCL, the Clearing Member has failed to perform
and / or fails to fulfil his/its engagements, commitments, operations,
obligations or liabilities as a Clearing Member of NSCCL including any sums due
by him/it to NSCCL or to NSEIL or to any other party arising out of or
incidental to any contracts made, executed, undertaken, carried out or entered
into by him/it, then the Clearing Member agrees that NSCCL on giving one
working day notice to the Clearing Member on its own as a pledgee, shall be
empowered/entitled to invoke the pledge, sell, dispose of or otherwise effect any
other transfer of the Said Securities in such manner and subject to such terms
and conditions as it may deem fit and that the money if any realised from such
pledge/sale/disposal/or other transfer shall be utilised/disbursed by NSCCL in
such manner and subject to terms and conditions as it may deem fit and further
the Clearing Member shall do all such things, deeds, acts and execute all such
documents as are necessary to enable NSCCL to effect such
pledge/sale/disposal/or other transfer.
The decision of NSCCL as to the obligations or liabilities or
commitments of the Clearing Member and the amount claimed shall be final and
binding on the Clearing Member. The Clearing Member understood and agrees that
one working day notice mentioned above shall be deemed to be a reasonable notice, as this pledge of
securities is being accepted as security deposit by NSCCL in lieu of cash
deposits or bank guarantees, which can be invoked and appropriated in a days
time and also due to the nature of transactions on NSCCL.
7. The Said Securities pledged as security shall be available at the
disposal of NSCCL as a continuing security and remain available in respect of
the obligations, liabilities or commitments of the Clearing Member jointly or
severally and may be utilised as such in the discretion of NSCCL, as if each of
the obligations, liabilities or commitments is secured by the Said Securities.
This Deed shall not be considered as cancelled or in any way affected on its
utilisation for meeting any specific obligation, liability or commitment by
NSCCL but shall continue and remain in operation in respect of all subsequent
obligations, liabilities or commitments of the Clearing Member.
8. The Clearing Member shall be released from his/its obligations,
liabilities under this Deed only when NSCCL, in writing, expressly provides for
the release of the Said Securities.
9. The Clearing Member agrees that NSCCL shall be entitled to sell,
negotiate or otherwise transfer the Said Securities and to execute transfer
documents and/or any other necessary documents, wherever applicable or other
endorsements for this purpose and that NSCCL shall be entitled to receive from
him/it all expenses incurred by NSCCL/Custodian for the aforesaid purposes.
10. The Clearing Member agrees to execute such further documents whether
of a legal nature or otherwise as may be required by NSCCL for the purpose of
giving effect to the provisions of this Deed and also the Scheme for the
Deposit of securities in dematerialised form.
11. The Clearing Member agrees that the deposit of the 'Said Securities'
and the pledge thereof shall not be affected in any manner whatsoever if NSCCL
takes any action against the Clearing Member including suspension or expulsion
or declaration of the Clearing Member as a defaulter.
12. The Clearing Member agrees that NSCCL shall not be under any
liability whatsoever to the Clearing Member or any other person for any loss,
damage, expenses, costs etc, arising out of the deposit of the Said Securities,
in any manner, due to any cause whatsoever,
irrespective of whether the Said Securities shall be in the possession
of the NSCCL or not at the time of such loss or damage or the happening of the
cause thereof. The Clearing Member shall
at all times indemnify and keep indemnified NSCCL from and against all suits,
proceedings, costs, charges, claims and demands whatsoever that may at any time
arise or be brought or made by any person against NSCCL in respect of any acts,
matters and things lawfully done or caused to be done by NSCCL in connection
with the Said Securities or in pursuance of the rights and powers of NSCCL
under this Deed.
13. The Clearing Member undertakes that the deposit of the 'Said
Securities' and the pledge thereof shall be binding on him/it as continuing and
that it shall not be prejudiced by his/its failure to comply with the Rules,
Bye-laws or Regulation of NSCCL or any other terms and conditions attendant to
the Clearing membership of NSCCL and that NSCCL shall be at liberty, without
thereby affecting his/its rights against him/it hereunder or in relation to the
'Said Securities' or to any other security now or hereafter held or taken at
any time to vary, amend change or alter any terms or conditions of its Rules,
Bye laws or Regulations of NSCCL in general or as applicable to him / it in
particular.
Executed at _____________ on the day, month and year above mentioned.
Signed, sealed and delivered by the withinnamed **
Clearing Member.
________________________
in the presence of witnesses
1.
2.
* Strike out whichever is not applicable
** To be signed by
a. The Clearing member in case of individual.
b. All partners in case of a Partnership firm
c. By any two of the following persons in the case of a Company:
i. Managing Director
ii. Whole-time Director
iii. Directors
ANNEXURE 14
FORMAT OF DEED OF
PLEDGE FOR OTHER THAN CLEARING MEMBERS FOR DEPOSIT OF SECURITIES FOR SECURITY
DEPOSITS
To be executed on non judicial stamp
paper of Rs. 100/- or in accordance with the prevailing rates applicable in the
place of execution, whichever is higher.
1) This Deed of Pledge
(hereinafter referred to as “the Deed”) is executed at _______________ on this
___ day of _________ 20___ by _______________________________, S/o / d/o / w/o
__________________ residing at _______________________________and having his
office at ______________________ (hereinafter referred to as “Pledgor” which expression shall unless repugnant to
the context thereof include successors, administrators and assigns) in favour
of National Securities Clearing
Corporation Limited, a company incorporated under the Companies Act, 1956 and
having its registered office at Exchange Plaza, Plot C-1, G Block, Bandra Kurla
Complex, Bandra (East), Mumbai – 400 051 (hereinafter referred to as “NSCCL” which
expression shall unless repugnant to the context thereof, include its
successors and assigns).
WHEREAS
a) Mr/Ms _____________________ s/o / d/o / w/o
___________________ residing at ____________________________ and having
his/her/their office at ________________________ (hereinafter referred to as
the Clearing Member, which expression shall include his/its successors and
assigns)*
M/s ____________________________ , a partnership firm registered under
the Indian Partnership Act, 1932 and having their office at
_______________________________________ (hereinafter referred to as the
Clearing member, which expression shall include their successors and assigns)*
M/s ______________________________ Limited, incorporated as a company
under the Companies Act, 1956 and having its registered office at
___________________ (hereinafter referred to as the Clearing member, which
expression shall include its successors and assigns) *
is/are a Clearing member of Futures and Options Segment of the NSCCL.
b) One of the requirement of the
Clearing Membership is that the Clearing Member shall maintain with NSCCL
security deposits in the form of cash, bank guarantees or securities for the
due performance and fulfilment by him/it of his/its engagements, commitments, operations,
obligations or liabilities as a Clearing Member including any sums due by
him/it to NSCCL or any other party as decided by NSCCL arising out of or
incidental to any contracts made, executed, undertaken, carried on or entered
into by him/it.
c) The securities to be deposited by
the Clearing Member or any other person, as a security for such Clearing member
shall be securities in dematerialised form and as may be approved by NSCCL from
time to time to an extent of Rs. ___________/- (Rupees ______________________
only) or of such value as may be specified by NSCCL from time to time.
d) At the request of the Clearing
member and as permitted by NSCCL, the Pledgor has agreed to offer securities in
the dematerialised form as a security for the purpose of margin deposit
requirement as aforesaid.
e) The Pledgor shall deposit the
securities with such custodians acting as depository participants as may be
determined by NSCCL from time to time.
NOW IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. In consideration of the NSCCL having
agreed to accept approved dematerialised securities as a margin deposit to an
extent of Rs.____________ /- (Rupees _______________________________ only), or
of such value as may be specified by NSCCL from time to time, the Pledgor
hereby pledges securities (hereinafter referred to as “Said Securities” and
which are described in the Schedule annexed hereto and which Said Securities
shall include all the securities deposited from time to time in addition,
substitution or replacement thereof) with NSCCL as security for due performance
and fulfilment by the Clearing Member of all his/its engagements, commitments,
operations, obligations or liabilities as a Clearing Member of NSCCL including
any sums due by him/it to NSCCL or National Stock Exchange of India Limited
(hereinafter referred to as “NSEIL”) or any other party as decided by NSCCL
arising out of or incidental to any contracts made, executed, undertaken, carried out or entered into by him/it.
2. The Pledgor if so determined by
NSCCL shall place the Said Securities in the absolute disposition of such
custodian/depository participant in such manner as decided by NSCCL and such
possession and disposition may be apparent and indisputable notwithstanding the
fact that the Pledgor may be permitted to have access to the Said Securities in
the manner and subject to such terms and conditions as determined by NSCCL and
provided further that during such time the Pledgor confirms, affirms and
covenants with NSCCL that he/it shall do
all such acts and things, sign such documents and pay and incur such costs,
debts and expenses as may be necessary
without prejudice to any other obligations, liabilities, duties which
the Clearing Member owes as a Clearing Member of NSCCL.
3. The Pledgor declares and assures
that all the Said Securities are in existence, owned by him/it and free from
any prior charge, lien or encumbrance and further that all the Said Securities
over which pledge may be created in future would be in existence and owned by
him/it at the time of creation of such pledge and that all the Said Securities
to be given in future as security to NSCCL would likewise be unencumbered,
absolute and disposable property of the Pledgor.
4. The Pledgor agrees that he/she shall
not without NSCCL’s prior written permission create any charge, lien or
encumbrance of any kind upon or over the Said Securities hereby pledged except
to NSCCL, that he/she shall not suffer any such charge, lien or encumbrance to
affect the Said Securities or any part thereof, and further that he/she shall
not do or allow anything to be done that may prejudice the Said Securities
while he/she remains liable to NSCCL in any manner without the prior written
permission of NSCCL.
5. The Pledgor agrees, declares and
undertakes that he/she shall be bound and abide by the terms and conditions of
the Scheme for the Deposit of securities in dematerialised form as formulated
and determined by NSCCL for security deposit, for its Clearing Members.
6. If in the opinion of NSCCL, the
Clearing Member has failed to perform and / or fails to fulfil his/its
engagements, commitments, operations, obligations or liabilities as a Clearing
Member of NSCCL including any sums due by him/it to NSCCL or to NSEIL or to any
other party arising out of or incidental to any contracts made, executed,
undertaken, carried out or entered into by him/it, then the Pledgor agrees that
NSCCL on giving one working day notice to the Pledgor on its own as a pledgee,
shall be empowered/entitled to invoke the pledge, sell, dispose of or otherwise
effect any other transfer of the Said Securities in such manner and subject to
such terms and conditions as it may deem fit and that the money if any realised
from such pledge/sale/disposal/or other transfer shall be utilised/disbursed by
NSCCL in such manner and subject to terms and conditions as it may deem fit and
further the Pledgor shall do all such things, deeds, acts and execute all such
documents as are necessary to enable NSCCL to effect such
pledge/sale/disposal/or other transfer.
The decision of NSCCL as to the obligations or liabilities or
commitments of the Clearing Member and the amount claimed shall be final and
binding on the Pledgor. The Pledgor understood and agrees that one working day
notice mentioned above shall be deemed to be a reasonable notice, as this
pledge of securities is being accepted as margin deposit by NSCCL in lieu of
cash deposits or bank guarantees, which can be invoked and appropriated in a
days time and also due to the nature of transactions on NSCCL.
7. The Said Securities pledged as
security shall be available at the disposal of NSCCL as a continuing security
and remain available in respect of the obligations, liabilities or commitments
of the Clearing Member jointly or severally and may be utilised as such in the
discretion of NSCCL, as if each of the obligations, liabilities or commitments
is secured by the Said Securities. This Deed shall not be considered as
cancelled or in any way affected on its utilisation for meeting any specific
obligation, liability or commitment by NSCCL but shall continue and remain in
operation in respect of all subsequent obligations, liabilities or commitments
of the Clearing Member.
8. The Pledgor shall be released from
his/its obligations, liabilities under this Deed only when NSCCL, in writing,
expressly provides for the release of the Said Securities.
9. The Pledgor agrees that NSCCL shall
be entitled to sell, negotiate or otherwise transfer the Said Securities and to
execute transfer documents and/or any other necessary documents, wherever
applicable or other endorsements for this purpose and that NSCCL shall be
entitled to receive from him/her all expenses incurred by NSCCL/Custodian for
the aforesaid purposes.
10.The Pledgor agrees to execute such
further documents whether of a legal nature or otherwise as may be required by
NSCCL for the purpose of giving effect to the provisions of this Deed and also
the Scheme for the Deposit of securities in dematerialised form.
11.The Pledgor agrees that the deposit
of the ‘Said Securities’ and the pledge thereof shall not be affected in any
manner whatsoever if NSCCL takes any action against the Clearing Member
including suspension or expulsion or declaration of the Clearing Member as a
defaulter.
12.The Pledgor agrees that NSCCL shall
not be under any liability whatsoever towards the Pledgor or any other person
for any loss, damage, expenses, costs, etc arising out of the deposit of the
Said Securities in any manner, due to any cause, whatsoever, irrespective of
whether the Said Securities shall be in the possession of the NSCCL or not at
the time of such loss or damage or the happening of the cause thereof. The Pledgor /Clearing Member shall at all
times indemnify and keep indemnified NSCCL from and against all suits,
proceedings, costs, charges, claims and demands whatsoever that may at any time
arise or be brought or made by any person against NSCCL in respect of any acts,
matters and things lawfully done or caused to be done by NSCCL in connection
with the Said Securities or in pursuance of the rights and powers of NSCCL
under this Deed.
13.The Pledgor undertakes that the
deposit of the ‘Said Securities’ and the pledge thereof shall be binding on
him/her as continuing and that it shall not be prejudiced by the Pledgor
/Clearing Members failure to comply with the Rules, Bye-laws or Regulation of
NSCCL or any other terms and conditions attendant to the Clearing membership of
NSCCL and that NSCCL shall be at liberty, without thereby affecting its rights
against him/ her hereunder or in relation to the ‘Said securities’ or to any
other security now or hereafter held or taken at any time to vary, amend change
or alter any terms or conditions of its Rules, Bye laws or Regulations of NSCCL
in general or as applicable to him / it in particular.
Executed at _____________ on the date, month and year above mentioned.
Signed, sealed and delivered by the within named
Pledgor
_______________________
In the presence of witnesses
1.
2.
*Strike out whichever is not applicable
ANNEXURE 15
FORMAT OF LETTER FOR SUBMISSION OF FIXED DEPOSIT RECEIPT TOWARDS MARGIN
DEPOSIT TO THE CUSTODIAN
Date :
(To be typed on member's letter head)
To
Name & Address of Custodian (F
&O Segment)
Dear Sir,
As per requirements of National Securities Clearing Corporation Limited
(NSCCL) and in compliance of prescribed
norms of NSCCL, I/ we hereby furnish margin
deposit with you in the form of Fixed Deposit Receipts (FDRs) (FDR
No.---------) placed with ____________________________ Bank, issued in favour
of Custodian A/c. (Clearing Member Name) for Rs. ______/- (Rupees
___________________________ only).
I/ We hereby agree and consent that as the custodian of NSCCL, you shall
have an irrevocable authority to encash the said FDR and to withdraw the said
FDR amount at any time, even prior to maturity, without notice to me/ us for
recovery/ adjustment of NSCCL/ NSEIL dues and we have no objections whatsoever
for the same.
I/We agree that you may renew the FDR for periods of one year each time
till the FDR is released by NSCCL.
I/we agree that on the encashment of FDR, NSCCL will also be entitled to
the interest accrued on the said FDR and you are hereby authorised to pay the
accrued interest to NSCCL alongwith the principal amount (FDR amount) payable.
Yours faithfully,
Authorised Signatory
________ Clearing Member name and CM ID (Clearing member ID)
ANNEXURE 16
FORMAT OF LETTER TO BE GIVEN BY THE BANK ISSUING THE MARGIN DEPOSIT FDR
TO THE CUSTODIAN
(Typed on the letterhead of the bank)
Date:
To
Name & Address of the Custodian
Dear Sir,
We refer to the fixed deposit receipt (FDR) bearing no. ______________
issued for Rs.__________, (Rs in words) in your name (A/c Clearing member’s
name)
We hereby confirm and agree that:
i.
There
is no lock in period for encashment of the said FDR.
ii.
The
amount under the said FDR would be paid to you on demand, at any point of time
without any reference to the ________________ (name of clearing member).
iii.
Encashment
whether premature or otherwise would not require any clearance from any other
authority / person.
iv.
On
encashment of the FDR by you, the interest accrued thereon will also be
released to you.
v.
The
FDR will be renewed for such periods as may be instructed by you.
vi.
The
FDR is payable at Mumbai ( In case FDR is issued from places other than Mumbai,
Yours faithfully,
Authorised Signatory
For __________ Bank Ltd.
ANNEXURE 17
FORMAT OF LETTER FOR
SUBMISSION OF FIXED DEPOSIT RECEIPT TOWARDS MARGIN DEPOSIT TO CLEARING
CORPORATION
Date:
To
National Securities Clearing Corporation Limited (F & O Segment)
Exchange
Plaza,
Bandra
Kurla Complex,
Bandra
(E),
Mumbai
- 400 051.
Dear
Sir,
As per requirements of National Securities Clearing Corporation's
(NSCCL) and in compliance of prescribed norms of NSCCL, I/we hereby furnish margin deposit with you in the form of
Fixed Deposit Receipts (FDRs) (FDR No.------- ) placed with
____________________________ Bank, issued in favour of NSCCL A/c. (Clearing
Member Name) for Rs. ______/- (Rupees ___________________________ only.)
I/We hereby agree and consent that you shall have an irrevocable
authority to encash the said FDR and to withdraw the said FDR amount at any
time, even prior to maturity, without notice to me/us for recovery/adjustment
of NSCCL/NSEIL dues and we have no objections whatsoever for the same.
I/We agree that you may renew the FDR for periods of one year each time
till the FDR is released by you.
I/we agree that on the encashment of FDR, you will be entitled to the
interest accrued on the said FDR and you are hereby authorised to receive the
accrued interest from the Bank along with the principal amount (FDR amount)
payable.
Yours faithfully,
Authorised Signatory
________ Clearing Member name and CM ID (Clearing member ID)
ANNEXURE 18
FORMAT OF LETTER TO BE GIVEN BY THE BANK ISSUING THE MARGIN DEPOSIT FDR
TO THE CLEARING CORPORATION
(Typed on the letterhead of the bank)
Date:
To
National Securities Clearing Corporation Limited
Exchange
Plaza,
Bandra
Kurla Complex,
Bandra
(E),
Mumbai
- 400 051.
Dear
Sir,
We refer to the Fixed Deposit Receipt (FDR) bearing no. ______________ issued for
Rs.___________ , ( Rs in words) in your name (A/c Clearing member's name)
We hereby confirm and agree that
i.)
There
is no lock in period for encashment of the said FDR.
ii.)
The
amount under the said FDR would be paid to you on demand, at any point of time
without any reference to the ________________ (name of clearing member).
iii.)
Encashment
whether premature or otherwise would not require any clearance from any other
authority / person.
iv.)
On
encashment of the FDR by you, the interest accrued thereon will also be
released to you.
v.)
The
FDR will be renewed for such periods as may be instructed by you.
vi.)
The
FDR is payable at Mumbai (In case FDR is issued from places other than Mumbai,
Yours faithfully,
Authorised Signatory
For__________ Bank Ltd.
.
ANNEXURE 19
FORMAT OF DEED OF PLEDGE FOR CLEARING MEMBERS FOR DEPOSIT OF SECURITIES
FOR MARGIN DEPOSIT
To Be Executed On Non
Judicial Stamp Paper Of Rs 100/- Or In Accordance With The Prevailing Rates
Applicable In The Place Of Execution, Whichever Is Higher.
This Deed of Pledge (hereinafter referred to as
“the Deed”) is executed at _______________ on this ___ day of _________ 20___
by
_______________________________, S/o / d/o /
w/o __________________ residing at _____________________ and having his office
at ________________________________ *
_____________________________, a partnership
firm registered under the Indian Partnership Act, 1932 and having its office at
__________________________________*
________________________Ltd., incorporated as a
company under the Companies Act, 1956 and having its registered office at
_______________________________________*
(hereinafter referred to as “Clearing
Member” which expression shall unless
repugnant to the context thereof include successors, administrators and
assigns) in favour of National Securities Clearing Corporation Limited, a
company incorporated under the Companies Act, 1956 and having its registered
office at Exchange Plaza, Plot C-1, G Block, Bandra Kurla Complex, Bandra
(East), Mumbai – 400 051 (hereinafter referred to as “NSCCL” which expression
shall unless repugnant to the context thereof, include its successors and
assigns).
WHEREAS
a) The Clearing Member is admitted to
the Clearing Membership on the Futures and Options segment of NSCCL.
b) One of the requirement of the
clearing Membership is that the Clearing Member shall maintain with NSCCL
margin deposits in the form of cash,
bank guarantees or securities for the due performance and fulfilment by him/it
of his/its engagements, commitments, operations, obligations or liabilities as
a Clearing Member including any sums due by him/it to NSCCL or any other party
as decided by NSCCL arising out of or incidental to any contracts made,
executed, undertaken, carried out or entered into by him/it.
c) The securities to be deposited by
the Clearing Member shall be securities in dematerialised form and as may be
approved by NSCCL from time to time to an extent of Rs. ________ /- (Rupees
________________ only) or of such value as may be specified by NSCCL from time
to time.
d) The Clearing Members shall deposit
the securities with such custodians acting as depository participants as may be
determined by NSCCL from time to time.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. In consideration of NSCCL having
agreed to accept approved dematerialised securities as a margin deposit to an
extent of Rs.____________ /- (Rupees _______________________________ only), or
of such value as may be specified by NSCCL from time to time, the Clearing
Member hereby pledges securities (hereinafter referred to as “Said Securities”
and which are described in the Schedule annexed hereto and which Said
Securities shall include all the securities deposited from time to time in
addition, substitution or replacement thereof) with NSCCL as security for due
performance and fulfilment by him/it of all engagements, commitments,
operations, obligations or liabilities as a Clearing Member of NSCCL including
any sums due by him/it to NSCCL or National Stock Exchange of India Limited
(hereinafter referred to as “NSEIL”) or any other party as decided by NSCCL
arising out of or incidental to any contracts made, executed, undertaken, carried out or entered
into by him/it.
2. The Clearing Member if so determined
by NSCCL shall place the Said Securities in the absolute disposition of such
custodian/depository participant in such manner as decided by NSCCL and such
possession and disposition may be apparent and indisputable notwithstanding the
fact that the Clearing Member may be permitted to have access to the Said
Securities in the manner and subject to such terms and conditions as determined
by NSCCL and provided further that during such time the Clearing Member
confirms, affirms and covenants with NSCCL that he/it shall do all such acts and things, sign such
documents and pay and incur such costs, debts and expenses as may be
necessary without prejudice to any other
obligations, liabilities, duties which he/it owes as a Clearing Member.
3. The Clearing Member declares and
assures that all the Said Securities are in existence, owned by him/it and free
from any prior charge, lien or encumbrance and further that all the Said
Securities over which pledge may be created in future would be in existence and
owned by him/it at the time of creation of such pledge and that all the Said
Securities to be given in future as security to NSCCL would likewise be
unencumbered, absolute and disposable property of the Clearing Member.
4. The Clearing Member agrees that
he/it shall not without NSCCL’s prior written permission create any charge,
lien or encumbrance of any kind upon or over the Said Securities hereby pledged
except to NSCCL, that he/it shall not suffer any such charge, lien or
encumbrance to affect the Said Securities or any part thereof and further that
he/it shall not do or allow anything to be done that may prejudice the Said
Securities while he/it remains liable to NSCCL in any manner without the prior
written permission of NSCCL.
5. The Clearing Member agrees, declares
and undertakes that he/it shall be bound and abide by the terms and conditions
of the Scheme for the Deposit of securities in dematerialised form as
formulated and determined by NSCCL, for margin deposit either in their existing form or as modified/changed/altered
/amended from time to time pursuant to requirement/ compliance of Clearing
Membership.
6. If in the opinion of NSCCL, the
Clearing Member has failed to perform and / or fails to fulfil his/its
engagements, commitments, operations, obligations or liabilities as a Clearing
Member of NSCCL including any sums due by him/it to NSCCL or to NSEIL or to any
other party arising out of or incidental to any contracts made, executed,
undertaken, carried out or entered into by him/it, then the Clearing Member
agrees that NSCCL on giving one working day notice to the Clearing Member on
its own as a pledgee, shall be empowered/entitled to invoke the pledge, sell,
dispose of or otherwise effect any other transfer of the Said Securities in
such manner and subject to such terms and conditions as it may deem fit and
that the money if any realised from such pledge/sale/disposal/or other transfer
shall be utilised/disbursed by NSCCL in such manner and subject to terms and
conditions as it may deem fit and further the Clearing Member shall do all such
things, deeds, acts and execute all such documents as are necessary to enable
NSCCL to effect such pledge/sale/disposal/or other transfer. The decision of NSCCL as to the obligations
or liabilities or commitments of the Clearing Member and the amount claimed
shall be final and binding on the Clearing Member. The Clearing Member
understood and agrees that one working day notice mentioned above shall be
deemed to be a reasonable notice, as
this pledge of securities is being accepted as margin deposit by NSCCL in lieu
of cash deposits or bank guarantees, which can be invoked and appropriated in a
days time and also due to the nature of transactions on NSCCL.
7. The Said Securities pledged as
security shall be available at the disposal of NSCCL as a continuing security
and remain available in respect of the obligations, liabilities or commitments
of the Clearing Member jointly or severally and may be utilised as such in the
discretion of NSCCL, as if each of the obligations, liabilities or commitments
is secured by the Said Securities. This Deed shall not be considered as
cancelled or in any way affected on its utilisation for meeting any specific
obligation, liability or commitment by NSCCL but shall continue and remain in
operation in respect of all subsequent obligations, liabilities or commitments
of the Clearing Member.
8. The Clearing Member shall be
released from his/its obligations, liabilities under this Deed only when NSCCL,
in writing, expressly provides for the release of the Said Securities.
9. The Clearing Member agrees that
NSCCL shall be entitled to sell, negotiate or otherwise transfer the Said
Securities and to execute transfer documents and/or any other necessary
documents, wherever applicable or other endorsements for this purpose and that
NSCCL shall be entitled to receive from him/it all expenses incurred by
NSCCL/Custodian for the aforesaid purposes.
10. The Clearing Member agrees to
execute such further documents whether of a legal nature or otherwise as may be
required by NSCCL for the purpose of giving effect to the provisions of this
Deed and also the Scheme for the Deposit of securities in dematerialised form.
11. The Clearing Member agrees that the
deposit of the ‘Said Securities’ and the pledge thereof shall not be affected
in any manner whatsoever if NSCCL takes any action against the Clearing Member
including suspension or expulsion or declaration of the Clearing Member as a
defaulter.
12. The Clearing Member agrees that
NSCCL shall not be under any liability whatsoever to the Clearing Member or any
other person for any loss, damage, expenses, costs etc, arising out of the
deposit of the Said Securities, in any manner, due to any cause
whatsoever, irrespective of whether the
Said Securities shall be in the possession of the NSCCL or not at the time of
such loss or damage or the happening of the cause thereof. The Clearing Member shall at all times
indemnify and keep indemnified NSCCL from and against all suits, proceedings,
costs, charges, claims and demands whatsoever that may at any time arise or be
brought or made by any person against NSCCL in respect of any acts, matters and
things lawfully done or caused to be done by NSCCL in connection with the Said
Securities or in pursuance of the rights and powers of NSCCL under this Deed.
13. The Clearing Member undertakes that
the deposit of the ‘Said Securities’ and the pledge thereof shall be binding on
him/it as continuing and that it shall not be prejudiced by his/its failure to
comply with the Rules, Bye-laws or Regulation of NSCCL or any other terms and
conditions attendant to the Clearing membership of NSCCL and that NSCCL shall
be at liberty, without thereby affecting his/its rights against him/it
hereunder or in relation to the ‘Said Securities’ or to any other security now
or hereafter held or taken at any time to vary, amend change or alter any terms
or conditions of its Rules, Bye laws or Regulations of NSCCL in general or as
applicable to him / it in particular.
Executed at _____________ on the day, month and
year above mentioned.
Signed, sealed and delivered by the within named **
Clearing Member.
________________________
In the presence of witnesses
1.
2.
* Strike out whichever is not applicable
** To be signed by
a. The Clearing member in case of
individual.
b. All partners in case of a
Partnership firm
c. By any two of the following persons
in the case of a Company:
i. Managing Director
ii. Whole-time Director
iii. Directors
ANNEXURE 20
FORMAT OF DEED OF PLEDGE FOR OTHER THAN CLEARING MEMBERS FOR DEPOSIT OF
SECURITIES FOR MARGIN DEPOSITS
To Be executed on non judicial stamp
paper Of Rs 100/- Or in accordance with the prevailing rates applicable in the place
of execution, whichever is higher.
1)
This
Deed of Pledge (hereinafter referred to as “the Deed”) is executed at
_______________ on this ___ day of _________ 20___ by
_______________________________, S/o / d/o / w/o __________________ residing at
_______________________________and having his office at ______________________
(hereinafter referred to as “Pledgor”
which expression shall unless repugnant to the context thereof include
successors, administrators and assigns) in favour of National Securities Clearing Corporation Limited,
a company incorporated under the Companies Act, 1956 and having its registered
office at Exchange Plaza, Plot C-1, G Block, Bandra Kurla Complex, Bandra
(East), Mumbai – 400 051 (hereinafter referred to as “NSCCL” which expression
shall unless repugnant to the context thereof, include its successors and
assigns).
WHEREAS
a) Mr/Ms _____________________ s/o / d/o / w/o
___________________ residing at ____________________________ and having
his/her/their office at ________________________ (hereinafter referred to as
the Clearing Member, which expression shall include his/its successors and
assigns)*
M/s ____________________________ , a
partnership firm registered under the Indian Partnership Act, 1932 and having
their office at _______________________________________ (hereinafter referred
to as the Clearing member, which expression shall include their successors and
assigns)*
M/s
______________________________ Limited, incorporated as a company under the
Companies Act, 1956 and having its registered office at ___________________
(hereinafter referred to as the Clearing member, which expression shall include
its successors and assigns) *
is/are a Clearing member of Futures
and Options Segment of the NSCCL.
b) One of the requirement of the
Clearing Membership is that the Clearing Member shall maintain with NSCCL
margin deposits in the form of cash, bank guarantees or securities for the due
performance and fulfilment by him/it of his/its engagements, commitments,
operations, obligations or liabilities as a Clearing Member including any sums
due by him/it to NSCCL or any other party as decided by NSCCL arising out of or
incidental to any contracts made, executed, undertaken, carried on or entered
into by him/it.
c) The securities to be deposited by
the Clearing Member or any other person, as a security for such Clearing member
shall be securities in dematerialised form and as may be approved by NSCCL from
time to time to an extent of Rs. ___________/- (Rupees ______________________
only) or of such value as may be specified by NSCCL from time to time.
d) At the request of the Clearing
member and as permitted by NSCCL, the Pledgor has agreed to offer securities in
the dematerialised form as a security for the purpose of margin deposit
requirement as aforesaid.
e) The Pledgor shall deposit the
securities with such custodians acting as depository participants as may be
determined by NSCCL from time to time.
NOW IT IS HEREBY
AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. In consideration of the NSCCL having
agreed to accept approved dematerialised securities as a margin deposit to an
extent of Rs.____________ /- (Rupees _______________________________ only), or
of such value as may be specified by NSCCL from time to time, the Pledgor
hereby pledges securities (hereinafter referred to as “Said Securities” and
which are described in the Schedule annexed hereto and which Said Securities
shall include all the securities deposited from time to time in addition,
substitution or replacement thereof) with NSCCL as security for due performance
and fulfilment by the Clearing Member of all his/its engagements, commitments,
operations, obligations or liabilities as a Clearing Member of NSCCL including
any sums due by him/it to NSCCL or National Stock Exchange of India Limited
(hereinafter referred to as “NSEIL”) or any other party as decided by NSCCL
arising out of or incidental to any contracts made, executed, undertaken, carried out or entered into by him/it.
2. The Pledgor if so determined by
NSCCL shall place the Said Securities in the absolute disposition of such
custodian/depository participant in such manner as decided by NSCCL and such
possession and disposition may be apparent and indisputable notwithstanding the
fact that the Pledgor may be permitted to have access to the Said Securities in
the manner and subject to such terms and conditions as determined by NSCCL and
provided further that during such time the Pledgor confirms, affirms and
covenants with NSCCL that he/it shall do
all such acts and things, sign such documents and pay and incur such costs,
debts and expenses as may be necessary
without prejudice to any other obligations, liabilities, duties which
the Clearing Member owes as a Clearing Member of NSCCL.
3. The Pledgor declares and assures
that all the Said Securities are in existence, owned by him/it and free from
any prior charge, lien or encumbrance and further that all the Said Securities
over which pledge may be created in future would be in existence and owned by
him/it at the time of creation of such pledge and that all the Said Securities
to be given in future as security to NSCCL would likewise be unencumbered,
absolute and disposable property of the Pledgor.
4. The Pledgor agrees that he/she shall
not without NSCCL’s prior written permission create any charge, lien or
encumbrance of any kind upon or over the Said Securities hereby pledged except
to NSCCL, that he/she shall not suffer any such charge, lien or encumbrance to
affect the Said Securities or any part thereof, and further that he/she shall
not do or allow anything to be done that may prejudice the Said Securities
while he/she remains liable to NSCCL in any manner without the prior written
permission of NSCCL.
5. The Pledgor agrees, declares and
undertakes that he/she shall be bound and abide by the terms and conditions of
the Scheme for the Deposit of securities in dematerialised form as formulated
and determined by NSCCL for margin deposit, for its Clearing Members.
6. If in the opinion of NSCCL, the
Clearing Member has failed to perform and / or fails to fulfil his/its
engagements, commitments, operations, obligations or liabilities as a Clearing
Member of NSCCL including any sums due by him/it to NSCCL or to NSEIL or to any
other party arising out of or incidental to any contracts made, executed,
undertaken, carried out or entered into by him/it, then the Pledgor agrees that
NSCCL on giving one working day notice to the Pledgor on its own as a pledgee,
shall be empowered/entitled to invoke the pledge, sell, dispose of or otherwise
effect any other transfer of the Said Securities in such manner and subject to
such terms and conditions as it may deem fit and that the money if any realised
from such pledge/sale/disposal/or other transfer shall be utilised/disbursed by
NSCCL in such manner and subject to terms and conditions as it may deem fit and
further the Pledgor shall do all such things, deeds, acts and execute all such
documents as are necessary to enable NSCCL to effect such
pledge/sale/disposal/or other transfer.
The decision of NSCCL as to the obligations or liabilities or
commitments of the Clearing Member and the amount claimed shall be final and
binding on the Pledgor. The Pledgor understood and agrees that one working day
notice mentioned above shall be deemed to be a reasonable notice, as this
pledge of securities is being accepted as margin deposit by NSCCL in lieu of cash
deposits or bank guarantees, which can be invoked and appropriated in a days
time and also due to the nature of transactions on NSCCL.
7. The Said Securities pledged as
security shall be available at the disposal of NSCCL as a continuing security
and remain available in respect of the obligations, liabilities or commitments
of the Clearing Member jointly or severally and may be utilised as such in the
discretion of NSCCL, as if each of the obligations, liabilities or commitments
is secured by the Said Securities. This Deed shall not be considered as
cancelled or in any way affected on its utilisation for meeting any specific
obligation, liability or commitment by NSCCL but shall continue and remain in
operation in respect of all subsequent obligations, liabilities or commitments
of the Clearing Member.
8. The Pledgor shall be released from
his/its obligations, liabilities under this Deed only when NSCCL, in writing,
expressly provides for the release of the Said Securities.
9. The Pledgor agrees that NSCCL shall be
entitled to sell, negotiate or otherwise transfer the Said Securities and to
execute transfer documents and/or any other necessary documents, wherever
applicable or other endorsements for this purpose and that NSCCL shall be
entitled to receive from him/her all expenses incurred by NSCCL/Custodian for
the aforesaid purposes.
10. The Pledgor agrees to execute such
further documents whether of a legal nature or otherwise as may be required by
NSCCL for the purpose of giving effect to the provisions of this Deed and also
the Scheme for the Deposit of securities in dematerialised form.
11. The Pledgor agrees that the deposit
of the ‘Said Securities’ and the pledge thereof shall not be affected in any
manner whatsoever if NSCCL takes any action against the Clearing Member
including suspension or expulsion or declaration of the Clearing Member as a
defaulter.
12. The Pledgor agrees that NSCCL shall
not be under any liability whatsoever towards the Pledgor or any other person
for any loss, damage, expenses, costs, etc arising out of the deposit of the
Said Securities in any manner, due to any cause, whatsoever, irrespective of
whether the Said Securities shall be in the possession of the NSCCL or not at
the time of such loss or damage or the happening of the cause thereof. The Pledgor /Clearing Member shall at all
times indemnify and keep indemnified NSCCL from and against all suits,
proceedings, costs, charges, claims and demands whatsoever that may at any time
arise or be brought or made by any person against NSCCL in respect of any acts,
matters and things lawfully done or caused to be done by NSCCL in connection
with the Said Securities or in pursuance of the rights and powers of NSCCL
under this Deed.
13. The Pledgor undertakes that the
deposit of the ‘Said Securities’ and the pledge thereof shall be binding on
him/her as continuing and that it shall not be prejudiced by the Pledgor
/Clearing Members failure to comply with the Rules, Bye-laws or Regulation of
NSCCL or any other terms and conditions attendant to the Clearing membership of
NSCCL and that NSCCL shall be at liberty, without thereby affecting its rights
against him/ her hereunder or in relation to the ‘Said securities’ or to any
other security now or hereafter held or taken at any time to vary, amend change
or alter any terms or conditions of its Rules, Bye laws or Regulations of NSCCL
in general or as applicable to him / it in particular.
Executed at _____________ on the
date, month and year above mentioned.
Signed, sealed and delivered by the within named
Pledgor
________________________
In the presence of witnesses
1.
2.
* Strike out whichever is not applicable
ANNEXURE 21
FORMAT OF LETTER
REQUESTING ACTIVATION OF ACCOUNT IN COLLATERAL INTERFACE FOR MEMBERS
APPLICATION
Date:
The Manager
Collaterals Department
NSCCL
Dear Sir/ Madam,
Sub: Activation of account in Collateral Interface for Members
Application
We are interested in availing the
facilities provided through the Collateral Interface for Members Application.
We therefore request you to activate our account and provide us necessary
access in the said interface.
Please find below the necessary
details as required:
|
S No |
Particulars |
To be filled by the Member |
|
1. |
Member Code |
|
|
2. |
Member Name |
|
|
3. |
Segment for which
application is being made (Cash/F&O/Currency Derivatives) |
|
|
4. |
Contact Person (The account
details will be sent to this person) |
|
|
5. |
Address for Communication with
Pin Code |
|
|
6. |
Phone Number with STD Code |
|
|
7. |
Mobile number of contact person |
|
|
8. |
Fax Number with STD Code |
|
|
9. |
No of User Ids required |
|
|
10. |
E-mail address |
|
We hereby authorize NSCCL to act
upon the instructions sent through the interface and we shall be solely
responsible for any errors pertaining to data entry from our end.
We would request you to advise us
the account details allotted to us for this purpose at the above mentioned
address.
Yours sincerely,
Authorised Signatory
Name:
Designation:
Note:
1. Since the CIM
application is common for both the CM and F&O segments, user accounts shall
be common for members across the segments. Hence once enabled in a segment,
member need not request for an account in other segment.
2.
The benefit to /release of the total liquid assets shall be carried out
subject to successful receipt of the request at the clearing corporation and
the relevant policies as applicable from time to time.
FORMAT OF LETTER TO BE GIVEN BY THE CLEARING MEMBER FOR SHIFTING OF
FIXED DEPOSIT RECEIPT FROM CAPITAL MARKET/CURRENCY DERIVATIVES SEGMENT TO
F&O SEGMENT
(To be typed on Member’s
letter head)
To Date
:
National Securities Clearing
Corporation Ltd.
Exchange
Plaza,
Bandra
Kurla Complex,
Bandra
(E),
Mumbai
- 400 051.
Dear Sir,
Re: Fixed Deposit Receipt for Rs. _____vide FDR
No.____for Futures & Options Segment
Member Code: ____________
Bank Name : ______________
Fixed Deposit Receipt
No : ______________
Fixed Deposit Receipt
Amount : ______________
Issue Date : ______________
Maturity Date : ______________
We refer to the above FDR issued on our behalf
in your favour towards the *margin deposit / security deposit of the Capital Market/Currency Derivatives*
segment of National Securities Clearing Corporation Ltd. (NSCCL). As we
intend to make the said FDR available towards our *margin deposit /security
deposit in the Futures & Options
segment, we have instructed the bank vide our letter dated ________ to make
the said FDR available as a security for meeting, satisfying, discharging or
fulfilling all or any of our obligation or liability arising in the Futures & Options segment as
directed and decided by NSCCL with no reference to us.
Hence the above FDR may be treated as if issued
on our behalf towards the *margin deposit /security deposit of the Futures & Options segment of NSCCL.
Yours faithfully,
Authorised Signatory
* Strike out whichever is not applicable and
the same should be authorised by the authorised signatory
ANNEXURE 23
FORMAT OF LETTER TO BE GIVEN BY THE
BANK ISSUING THE FDR TO CLEARING CORPORATION ON RENEWAL (In case of
Auto-renewal where the Old FDR No. is same)
To Date:
National Securities Clearing Corporation Ltd
Bandra
Kurla Complex,
Bandra
(East)
Mumbai 400 51
Dear Sir,
We refer to the fixed deposit receipt (FDR) issued, in the name of NSCCL
- A/c (clearing member's name). Details are as under.
|
FDR No |
Issue Date |
Amount |
Maturity Date |
|
|
|
|
|
The above FDRs has been renewed for further
period of _____months under the autorenewal facility on the request of the TM.
Details are as follows.
|
Renewal Date |
Amount |
New Maturity Date |
|
|
|
|
We hereby confirm that
Yours faithfully,
Authorised Signatory
__________ Bank Ltd
ANNEXURE 24
FORMAT OF LETTER TO BE GIVEN BY THE BANK
ISSUING THE FDR TO CLEARING CORPORATION ON RENEWAL (In case of Auto renewal
where the Old FDR No. is changed)
To Date:
National Securities Clearing Corporation Ltd
Bandra
Kurla Complex,
Bandra
(East)
Mumbai 400 51
Dear Sir,
We refer to the fixed deposit receipt (FDR) issued, in the name of NSCCL
- A/c clearing member's name. Details are as under.
|
FDR No |
Issue Date |
Amount |
Maturity Date |
|
|
|
|
|
The above FDRs has been renewed for further period of _____months under
the autorenewal facility on the request of the TM. Details are as follows.
|
New FDR No |
Issue Date |
New Maturity Date |
Amount |
|
|
|
|
|
We hereby confirm that
Yours faithfully,
Authorised Signatory
__________ Bank Ltd
FORMAT OF LETTER TO BE GIVEN BY THE CLEARING MEMBER FOR SHIFTING OF BANK
GUARANTEE FROM CAPITAL MARKET/CURRENCY DERIVATIVES SEGMENT TO F& O SEGMENT
(To be typed on Member’s
letter head)
To
Date :
National Securities Clearing
Corporation Ltd.
Collaterals Department,
Bandra Kurla Complex,
Bandra (East),
Mumbai - 400 051.
Dear Sir,
Re: Bank Guarantee
for Rs. _____vide BG No.____for Futures
& Options Segment
Member Code: ____________
Bank Name : ______________
Bank Branch : ______________
City : ______________
Bank Guarantee No : ______________
Bank Guarantee
Amount : ______________
Issue Date : ______________
Maturity Date : ______________
Last Claim date : ______________
We refer to the above Guarantee issued on our
behalf in your favour towards the margin deposit of the Capital Market/Currency Derivative segment of National Securities
Clearing Corporation Ltd. (NSCCL). As we intend to make the said bank guarantee
available towards our margin deposit in the Futures & Options segment, we have instructed the bank vide our
letter dated ________ to make the said guarantee available as a security for
meeting, satisfying, discharging or fulfilling all or any of our obligation or
liability arising in the Futures &
Options segment as directed and decided by NSCCL with no reference to
us.
Pursuant to our request the bank has issued to
you an amendment letter dated ______ agreeing and confirming to make the said
guarantee available as a security for meeting, satisfying, discharging or
fulfilling all or any of our obligation or liability arising in the Futures & Options segment as
directed and decided by NSCCL with no reference to us.
Hence the above bank guarantee may be treated
as if issued on our behalf towards the margin deposit of the Futures & Options segment of NSCCL.
Yours faithfully,
Authorised Signatory
ANNEXURE 26
FORMAT OF AMENDMENT LETTER TO BE GIVEN BY THE BANK TO CLEARING
CORPORATION IN CASE OF SHIFTING OF BANK GUARANTEE FROM CAPITAL MARKET/CURRENCY
DERIVATIVES SEGMENT TO F&O SEGMENT
(ON STAMP PAPER OF THE SAME VALUE AS THE ORIGINAL BANK GUARANTEE OR RS.
100/= WHICHEVER IS HIGHER)
To, Date:
___________
National Securities Clearing
Corporation Limited
Plot
C-1, G Block,
Bandra Kurla Complex, Bandra (East),
Mumbai - 400 051
We,_______________________________ having our registered office at
________________________________________________________________________ refer
to the Bank Guarantee number: ____________ executed by us on the ___________
day of _______________ at _____________
(hereinafter referred to as "Said Guarantee") on behalf of __________________________ (hereinafter referred to as “Clearing
Member”) having its registered office at
____________________________________ for
a sum of Rs ______________ (Rupees
___________________________________________________only) in your favour.
We, now at the request and desire of the Clearing Member, do hereby
irrevocably and unconditionally guarantee to pay a sum of Rs. ___________/-,
(Rupees ________________________ only) to National Securities Clearing
Corporation Limited. (hereinafter referred to as NSCCL) as a security for due
performance and fulfillment by the Clearing Member of his/her/its engagements,
commitments, obligations or liabilities as a Clearing Member of NSCCL including
any sums due by the Clearing Member to NSCCL or any other person as decided by
NSCCL arising out of or incidental to any contracts made, executed, undertaken,
carried on or entered into or purported so to be, by the Clearing Member in the
Futures & Options Segment. The Bank agrees and confirms that the said
guarantee shall be available as a security for meeting, satisfying, discharging
or fulfilling all or any obligation or liability of the Clearing Member arising
out of or incidental to any contracts made, executed, undertaken, carried on or
entered into or purported so to be, by the Clearing Member in the Futures & Options Segment. .
We hereby affirm and confirm that save and except to the extent as
provided for herein above, the Said Guarantee together with all other terms and
conditions therein shall remain operational and in full force and effect.
Signed for and on behalf of __________________________________ on this
____________ day of _____________________ at ___________________.
FOR ________________________________(BANK)
________________________________(BRANCH)
AUTHORISED SIGNATORIES
SEAL OF THE BANK
FORMAT FOR RENEWAL OF BANK GUARANTEE TOWARDS MARGIN DEPOSIT AND SECURITY DEPOSIT
Date : ___________
To,
National Securities Clearing
Corporation Ltd.
Bandra Kurla Complex,
Bandra (East),
Mumbai – 400 051.
We, ____________________________________________
(Bank) having our registered office at
_____________________________________________________________and our branch
office at ______________________________________________________
_______________________________ refer to the Bank Guarantee number :
_________ executed by us on the
___________ day of _______________ 199_/200_ at __________ (hereinafter
referred to as “said guarantee”) on account of Mr. / Ms./ M/s. ____________
________________________ having his/her/
its/registered office at ________________
_______________________________________________________________________
(hereinafter referred to as a ‘Clearing Member’) for a sum of Rs ______________
(Rupees _________________________________________only) in your favour.
The validity of the said guarantee
was upto ____________________________.
With reference to the same we state as
hereunder:
At the request of the Clearing Member, we
extend the period of the validity of the said guarantee upto
__________________.
The said guarantee may be invoked by NSCCL in part(s) without affecting
its rights to invoke the said guarantee for any liabilities that may devolve
later.
Notwithstanding anything mentioned herein above,
a) the liability of the Bank under this
guarantee shall not exceed Rs. _______________ (Rupees
________________________________________ only)
b) This guarantee shall be valid for a
period of _____months i.e. upto _____________.
c) The bank is liable to pay the
guaranteed amount only if NSCCL serves upon the Bank a written claim or demand
on or before ________________(i.e. within ___ months after the date of expiry
of the bank guarantee as mentioned in clause b above).
We hereby affirm and confirm that
save and except to the extent as provided for herein above, the said guarantee
together with all other terms and conditions therein shall remain operational
and in full force and effect till _________________________.
Executed this ____day of____________
at _____________ (place).
FOR ________________________________(BANK)
________________________________(BRANCH)
AUTHORISED SIGNATORIES
SEAL OF THE BANK
Instructions:
1)
The above printed format is required
to be used.
2) The Bank Guarantee to
be stamped for Rs.100/- or the value prevailing in the State where executed,
whichever is higher. Bank Guarantee to be executed on Non-Judicial stamp paper(s) or on paper franked from Stamp Office
3)
All the blanks in the format are
required to be duly filled by the issuing bank along with the signature of the
authorised signatory and seal of the bank.
4)
Each page of the bank guarantee
should bear the bank guarantee number and issue date and should be signed by
two authorised signatories of the bank unless the bank has specifically
intimated NSCCL that only one authorised signatory shall sign the bank guarantees
issued by them in favour of NSCCL.
ANNEXURE 28
LIST OF AUTHORISED
DEPOSITORY PARTICIPANTS/ CUSTODIANS
1
HDFC
Bank Ltd.
Mr. Anu Khandelwal / Ms. Swapna Sawant
Custody Services,
Kamala Mills Compound,
Senapati Bapat Marg,
Phone Nos : 24961616 /24910492
Fax : 24961636 / 24901169/ 24929722 /
24910456
2
Stock
Holding Corporation of India Ltd. (SHCIL)
Mr. Ganesh Zodge / Mr. Vinod
DP Operations (Pledge - NSCCL Margin)
44 / 1, Mehra Estate,L B
Near Vikroli Station,
Vikroli
(West)
Mumbai
400 079
Phone
Nos. : 25795247
Fax : 67988329
3
ICICI
Bank Ltd
Mr. Nagesh Srivastava / Mr. Yogesh Gadgill
Securities Market Services,
Empire Complex, 1st Floor
414 Senapati Bapat Marg
Phone Nos: 66672005/66672736
Fax No : 66672740
ANNEXURE 29
LIST OF APPROVED CUSTODIANS FOR FOREIGN SOVEREIGN SECURITIES
Deutsche Bank,
Contact Person : Scott Habura/ Floris
Vreedenburgh
Phone:
001-212-250-9078 /001-212-250-3723
Fax
001-212- 797-0510
Deutsche Bank, Mumbai
Contact Person : Mr. Rashid Contractor
Floor 5,
Peninsula Corporate Park, Ganpatrao Kadam Marg
Lower Parel,
Phone:
0091-22-67063542
ANNEXURE 30
FORMAT OF CLEARING MEMBER- NSCCL AGREEMENT FOR
PROVIDING FOREIGN SOVEREIGN SECURITIES AS COLLATERAL
This CLEARING MEMBER – NSCCL AGREEMENT (this “Agreement”)
is made as of this ____ day of _____ 2008 between NATIONAL SECURITIES CLEARING
CORPORATION LTD., a company incorporated under the Companies Act, 1956 and
having its registered office at Exchange Plaza, Bandra Kurla Complex, Bandra
(East), Mumbai 400 051 (“NSCCL”, which expression shall unless repugnant
to the context or meaning thereof include its successors, legal representatives
and permitted assigns), and [INSERT NAME OF CLEARING MEMBER], a company /
partnership firm / individual having its registered office / office / residence
at _________________ that is registered as a clearing member with NSCCL (hereinafter
called the “Clearing Member”, which expression shall unless repugnant to
the context or meaning thereof include its successors, legal representatives
and permitted assigns)
WHEREAS
1) Reserve Bank of India (RBI), vide
its Circular No. 2 dated 19th July 2007, has permitted Foreign Institutional
Investors (“FIIs”) to offer foreign sovereign securities as
collateral. Pursuant to the said
Circular, the Securities and Exchange Board of India (SEBI), vide its Circular
No. SEBI/DNPD/Cir-32/2007 dated 11th September 2007, has permitted
the Clearing Member to accept foreign sovereign securities with a ‘AAA’ rating
(such foreign sovereign securities, together with any profits, dividends,
interest, distributions or other proceeds thereof, and any security entitlements
or other indirect holding interests in respect of any and all of the foregoing,
shall be collectively referred to herein as “Foreign Securities”) as
collateral from its FII clients for Exchange Traded Derivative Transactions.
However, SEBI has stipulated that before accepting sovereign securities as
collateral from the FII, the Clearing Member shall enter into a written
agreement with NSCCL.
2) Therefore, the parties are desirous
of entering into this agreement in order to facilitate the offering and tendering
of Foreign Securities by the Clearing
Member as collateral to NSCCL, subject to the terms and conditions as contained
herein:
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AS
FOLLOWS:
1) This Agreement shall be subject to
the Rules, Byelaws, Regulations of NSCCL and Circular issued by NSCCL from time
to time. This Agreement shall further be
subject to the terms and conditions of the Deed of Pledge for Clearing Members
for Margin Deposits dated as of ___________________, 2008, between NSCCL and
Clearing Member, including all annexes (including, without limitation, the New
York Collateral Annex), supplements and exhibits thereto (as amended from time
to time, collectively, the “Pledge Agreement”), except to the extent
otherwise provided herein.
2) NSCCL shall accept Foreign
Securities offered and tendered as collateral from the Clearing Member subject
to the following conditions:
a) Foreign Securities as specified by
NSCCL from time to time pursuant to the directions of SEBI shall be
accepted. The Foreign Securities shall
satisfy the terms and conditions as specified by SEBI / NSCCL. The Clearing
Member further agrees to be bound by and abide with the Circulars issued by
NSCCL from time to time with regard to acceptance of Foreign Securities
including the procedure for acceptance or release of the Foreign Securities as
collateral.
b) The Clearing Member shall be
entitled to collect from each of its FII clients (hereinafter a “Constituent”)
margin in the form of Foreign Securities to such extent as permitted by NSCCL.
c) The Clearing Member shall enter into
an agreement with each of its Constituents in the format prescribed by NSCCL in
addition to the agreement prescribed by NSCCL which is required to be entered
into by the Clearing Member and Constituent viz. Clearing Member and Custodian
Participant Agreement (hereinafter called as “Custodial Participant
Agreement”) for the purpose of clearing and settling the trades made by the
Constituent through a trading member or members, subject to the provisions
contained in the Rules, Byelaws and
Regulations of NSCCL (Futures & Options Segment).
d) The Clearing Member shall be
entitled to deliver the Foreign Securities in compliance with the margin
requirements of NSCCL as specified from time to time for the trades cleared and
settled by the Clearing Member on behalf of the Constituent by following such
procedure as may be prescribed by NSCCL in this regard.
e) The Foreign Securities tendered by
the Constituent in compliance with the margin requirements of NSCCL shall be
returned to the Clearing Member by NSCCL in accordance with the terms of the
Pledge Agreement unless otherwise specified in the Circulars issued by NSCCL in
this regard.
f)
The
Foreign Securities tendered by the Constituent in compliance with the margin
requirements of NSCCL shall be returned by the Clearing Member to the
Constituent in accordance with the terms of the Custodial Participant
Agreement.
g) The Clearing Member agrees that in
the event of a default by the Clearing Member or the Constituent, NSCCL shall
be entitled to deal with the Foreign Securities tendered by the Clearing Member
on behalf of the Constituent by liquidating, selling or otherwise disposing of
the Foreign Securities or by retaining them in full or partial satisfaction, as
the case may be, of obligations owing to NSCCL.
The Clearing Member agrees that the Foreign Securities shall be dealt
with by NSCCL in accordance with its Rules, Byelaws, Regulations and circulars
issued by it from time to time.
h) The Clearing Member agrees that the
Foreign Securities delivered to NSCCL are available for liquidation, sale or
other disposition, or retention, by NSCCL in the event of the Clearing Member’s
insolvency/bankruptcy/winding up or in the event of the insolvency or
bankruptcy/ winding up of the Constituent or in the event of the insolvency or
bankruptcy/ winding up of the person located outside of India through whom the
Foreign Securities are held.
i)
This
Agreement shall be governed by and construed in accordance with the laws of
India as shall be in effect from time to time, including, without limitation,
any bye-laws, rules, regulations, circulars and instructions of NSEIL and NSCCL
and any rules, regulations, circulars and instructions of Government of India
or any branch, agency or subdivision thereof, the Securities and Exchange Board
of India and the Reserve Bank of India.
In the event of any dispute between NSCCL and the Clearing Member in
connection with this Agreement, including with respect to the liquidation,
retention or return of Foreign Securities, the same shall be subject to the
exclusive jurisdiction of the courts in India provided, however, that nothing
contained herein shall prohibit or preclude the bringing of any action or
exercise of remedies by NSCCL (in each case at its election made in its sole
discretion) for the purpose of preserving or enforcing its rights and interests
with respect to any Foreign Securities under the laws of, and, if applicable,
before the courts or other competent tribunals in, any other relevant jurisdiction. Any such action or exercise of remedies by
NSCCL shall be non-exclusive and without prejudice to any rights and remedies
NSCCL may be entitled to exercise in the courts of
[Remainder of Page Intentionally Left Blank; Signature Page Follows]
IN WITNESS THEREOF, the parties to this
Agreement have caused these presents to be executed as of the day and year
first above written.
Signed for and on behalf of
NSCCL
By
Signature
Title
Witness
Signed for and on behalf of
CLEARING MEMBER
By
Signature
Title
Witness
Instructions:
1) The above printed format is required to be used.
2)
The agreement is to be stamped for Rs.100/- or
the value prevailing in the State where executed, whichever is higher.
Agreement is to be executed on Non-Judicial stamp paper(s) or on paper franked
from Stamp Office
3)
All the blanks in the format are
required to be duly filled by the member along with the signature of the
authorised signatory
ANNEXURE 31
FORMAT OF CLEARING MEMBER-FII AGREEMENT FOR
PROVIDING FOREIGN SOVEREIGN SECURITIES AS COLLATERAL
This CLEARING MEMBER - CONSTITUENT (FII)
AGREEMENT (this “Agreement”) is made as of this ____ day of _____ 2008
between [INSERT NAME OF CM], a company / partnership firm / individual having
its registered office / office / residence at _________________ (hereinafter called the “Clearing Member”,
which expression shall unless repugnant to the context or meaning thereof
include its successors, legal representatives and permitted assigns) that is
registered as a Clearing Member with National Securities Clearing Corporation
Ltd. (hereinafter called “NSCCL”, which expression shall unless
repugnant to the context or meaning thereof include its successors, legal
representatives and permitted assigns) of the ONE PART and [INSERT NAME OF
FII], a company / corporate established or incorporated under _______ Act and
having its registered office / office at _____________ (hereinafter called “Constituent”,
which expression shall unless repugnant to the context or meaning thereof
include its successors, legal representatives and permitted assigns) of the
OTHER PART.
WHEREAS,
1)
The
Constituent desires to effect purchases and/or sales of securities from time to
time in the Future & Options Segment of the National Stock Exchange of
India Ltd. (hereinafter called “NSEIL”) through one or more securities
intermediaries that are “trading members” of NSEIL (hereinafter “Trading
Members”) and have such trades cleared and settled through the Clearing
Member (who in turn has agreed to clear and settle the trades executed by the
Constituent through a Trading Member or Trading Members), subject to the
provisions contained in the Rules, Byelaws and Regulations of NSCCL (Futures
& Options Segment).
2)
The
Clearing Member is, inter alia, authorised
to carry on the activities of clearing and settlement of trades that are
executed on the Futures & Options Segment of NSEIL by a Trading Member or
otherwise on behalf of the Constituent.
3)
The
Constituent has approached the Clearing Member to undertake clearing and
settlement of trades and to discharge the Constituent’s duties and obligations
towards NSCCL on its behalf, and the Clearing Member in turn has agreed to
clear and settle the trades done by the Constituent through a Trading Member or
Trading Members subject to (x) the provisions contained in the Rules, Byelaws
and Regulations of NSCCL (Futures & Options Segment), (y) the terms and
conditions contained in that certain Clearing Member – Constituent (Custodial
Participant) Agreement entered into between the Clearing Member and the
Constituent as of the date hereof, the form of which has been prescribed by NSCCL (hereinafter
referred to as the “Custodial Participant Agreement”), and (z) this
Agreement.
4)
Reserve
Bank of India (RBI), vide its Circular No. 2 dated 19th July 2007,
has permitted foreign institutional investors (“FIIs”) to offer foreign
sovereign securities as collateral.
Pursuant to the said Circular, the Securities and Exchange Board of
India (SEBI), vide its Circular No. SEBI/DNPD/Cir-32/2007 dated 11th
September 2007, permitted the Clearing Member to accept foreign sovereign
securities with a ‘AAA’ rating (such foreign sovereign securities, together
with any profits, dividends, interest, distributions or other proceeds thereof,
and any security entitlements or other indirect holding interests in respect of
any and all of the foregoing, shall be collectively referred to herein as “Foreign
Securities”) as collateral from its FII clients for Exchange Traded Derivative
Transactions. However, SEBI has
stipulated that before accepting Foreign Securities as collateral from the FII,
the Clearing Member shall enter into a written agreement with the FII.
5)
Therefore,
the parties are desirous of entering into this Agreement in order to facilitate
the offering and tendering of Foreign Securities by the Constituent as
collateral to the Clearing Member, subject to the terms and conditions as
contained herein:
NOW, THEREFORE, THIS AGREEMENT WITNESSETH AS
FOLLOWS:
1)
This
agreement shall be subject to the terms and conditions of the Custodial
Participant Agreement and the parties shall be governed by the respective
rights and obligations contained therein except to the extent otherwise
provided herein.
2)
The
Clearing Member shall accept Foreign Securities offered and tendered as
collateral from the Constituent subject to the following conditions:
a) Foreign Securities as specified by
NSCCL from time to time pursuant to the directions of SEBI shall be
accepted. The Foreign Securities shall
satisfy the terms and conditions as specified by SEBI / NSCCL. The Constituent
further agrees to be bound by and abide with the Circulars issued by NSCCL from
time to time with regard to acceptance of Foreign Securities including the
procedure for acceptance or release of the Foreign Securities as collateral
from the Clearing Members.
b) The Clearing Member shall be
entitled to collect from the Constituent margin in the form of Foreign
Securities to such extent as permitted by NSCCL.
c) The Clearing Member shall be
entitled to deliver the Foreign Securities in compliance with the margin
requirements of NSCCL as specified from time to time for the trades cleared and
settled by the Clearing Member on behalf of the Constituent by following such
procedure as may be prescribed by NSCCL in this regard.
d) As security for any and all of
Constituent’s obligations to the Clearing Member pursuant to this Agreement,
the Custodial Participant Agreement and/or the Circulars issued by NSCCL from
time to time (collectively, the “Obligations”), Constituent hereby
unequivocally and unconditionally grants
on to the Clearing Member a first priority continuing security interest in,
lien on and right of set-off against all Foreign Securities transferred to or
otherwise received by the Clearing Member as margin from Constituent.
Notwithstanding any provision of law to the contrary (including, without
limitation, any contrary provision of the Uniform Commercial Code of the State
of New York), the Clearing Member shall have the right to register any such
Foreign Securities in the name of the Clearing Member, its custodian or
securities intermediary or a nominee for either, and shall further have the
right to sell, pledge, rehypothecate, assign, invest, use, commingle or
otherwise dispose of, or otherwise use in its business any such Foreign
Securities it or its custodian or securities intermediary (or a nominee for
either) holds or controls, free from any claim or right of any nature
whatsoever of the Constituent, including any equity or right of redemption by
the Constituent. Without prejudice to
the generality of the foregoing, Constituent acknowledges and agrees that the
Clearing Member may hold the Foreign Securities in a securities or custodial
account in the name of the Clearing Member, that will be subject to a first
priority security interest, pledge, lien on and right of set-off granted by
Clearing Member in favor of NSCCL to secure the Clearing Member’s obligations
to NSCCL, including, without limitation, pursuant to that certain (i) Deed of
Pledge for Clearing Members for Margin
Deposits, including the New York Collateral Annex thereto, and (ii) Clearing
Member – NSCCL Agreement, each between the Clearing Member and NSCCL and dated
as of _______________ __, 2008, copies of which are attached hereto as Exhibit
A-1 and Exhibit A-2, respectively. The
Constituent further acknowledges and agrees that to the extent it may have any
rights or interests from time to time with respect to any such Foreign
Securities, such rights and interests shall in all respects be subject and
subordinate to the security interests, rights, claims and interests of NSCCL in
and to such Foreign Securities.
e) The Foreign Securities tendered by
the Constituent in compliance with the margin requirements of NSCCL shall be
returned by the Clearing Member to the Constituent in accordance with the terms
of the Custodial Participant Agreement.
f)
The
Constituent agrees that in the event of a default by the Clearing Member or the
Constituent, NSCCL shall be entitled to deal with the Foreign Securities
tendered by the Clearing Member on its behalf by liquidating/selling such
Foreign Securities. The Constituent agrees that any Foreign Securities shall be
dealt with by NSCCL in accordance with its Rules, Byelaws, Regulations and
circulars issued by it from time to time.
g) The Constituent agrees that the
Foreign Securities delivered to the Clearing Member are available for
liquidation by NSCCL in the event of Constituent’s
insolvency/bankruptcy/winding up or in the event of the insolvency or
bankruptcy/ winding up of the Clearing Member or in the event of the insolvency
or bankruptcy/ winding up of the person located outside of India through whom
the Foreign Securities are held.
h) Notwithstanding anything contained
in the Custodial Participant Agreement to the contrary, in the event of any
dispute between the Constituent and Clearing Member regarding the liquidation
or return of Foreign Securities, the same shall be subject to the exclusive
jurisdiction of the courts in India irrespective of whether the dispute has
been referred to arbitration or not; provided, however, that nothing contained
herein shall prohibit or preclude the exercise of remedies by NSCCL (at its
election made in its sole discretion) with respect to any Foreign Securities
under the laws of, and, if applicable, before the courts or other competent
tribunals in, any other relevant jurisdiction.
Any such exercise of remedies shall be non-exclusive and without
prejudice to any rights and remedies NSCCL may be entitled to exercise in the
courts of
i)
Clearing
Member and Constituent hereby acknowledge and agree that each and every one of
the stipulations set forth in this Agreement in favor or for the benefit of
NSCCL, including, without limitation, the terms set forth in clauses (a)
through (h) (inclusive) of this clause (2), shall create immediately vested
rights in favor NSCCL as a third-party beneficiary thereof (the “Third Party
Benefits”) and shall create obligations upon the Constituent and/or
Clearing Member, as the case may be, which obligations shall be irrevocably
binding upon the Constituent and/or Clearing Member upon the execution of this
Agreement. Clearing Member and Constituent
further acknowledge and agree that (x) the Third Party Benefits are conferred
upon NSCCL in consideration for the margin and other credit accommodations
provided by NSCCL to or for the benefit of Clearing Member and Constituent in
connection with purchases and/or sales of securities from time to time in the
NSEIL through Trading Members (the “Accommodations”), (y) the Third Party Benefits are a material
inducement for NSCCL to make the Accommodations and NSCCL has materially relied
on (and will continue to materially rely on) the existence of the Third Party
Benefits in its decision to provide the Accommodations and (z) NSCCL is
understood to have manifested its acceptance of and consent to the Third Party
Benefits by providing the Accommodations to or for the benefit of Clearing
Member and/or Constituent, as the case may be, and by virtue of its general
acceptance of the Third Party Benefits conferred by the Clearing Member and
each FII (including Constituent) as evidenced in the General Notice of
Acceptance of Third Party Benefits attached hereto as Exhibit B.
j)
All
disputes, differences or questions arising out of or in relation to the
agreement including the interpretation of the terms contained herein with
regard to the obligations, failure or breach thereof by any of the parties
and/or of any matter whatsoever arising out of the Agreement, shall in the
first instance be resolved mutually by the parties. If the parties fail to
resolve the same mutually, then the same shall be referred to the arbitration
in accordance with the Rules, ByeLaws and Regulations of NSCCL.
[Remainder of Page Intentionally Left Blank; Signature Page Follows]
IN WITNESS THEREOF, the parties to this
Agreement have caused these presents to be executed as of the day and year
first above written.
Signed for and on behalf of
CLEARING MEMBER
By
Signature
Title
Witness
Signed for and on behalf of
CONSTITUENT
By
Signature
Title
Witness
EXHIBIT A-1
EXHIBIT A-2
EXHIBIT B
GENERAL NOTICE
OF ACCEPTANCE OF
THIRD PARTY BENEFITS
Date:_________
Re: National Securities Clearing
Corporation Limited – Notice of Acceptance of Third Party Benefits
Ladies and
Gentlemen:
Reference is made to the Clearing Member – Constituent (FII) Agreements
(each, an “Agreement”) to be
entered into from time to time between [INSERT NAME OF CLEARING MEMBER] and
each foreign institutional investor designated as the “Constituent”
therein. Such Agreements shall be
substantially in the form attached as Appendix A to this General Notice of
Acceptance of Third Party Benefits (this “Notice”).
Pursuant to this Notice the undersigned, National Securities Clearing
Corporation Limited, a company incorporated in India under the Companies Act,
1956, hereby confirms its acceptance of each and every one of the Third Party
Benefits (as such term is defined in Clause 2(i) of each Agreement) set forth
in each Agreement (whether now existing or hereafter executed and delivered) in
its favor or for its benefit, including, without limitation the terms set forth
in clauses (a) through (h) (inclusive) of Clause 2 of each Agreement. The Third Party Benefits are a material
inducement for the undersigned to make the Accommodations (as such term is
defined in each Agreement) and the undersigned has materially relied on (and
will continue to materially rely on) the existence of the Third Party Benefits
in its decision to provide (and continue to provide) the Accommodations.
This
Notice may be executed in several counterparts, each of which shall be deemed
an original but all of which shall constitute
one and the same instrument. In making
proof of this Notice, it shall not be necessary to produce or account for more
than one counterpart thereof executed by the undersigned. Delivery of an executed counterpart of this
Notice by facsimile or electronic transmission shall have the same force and
effect as delivery of an original executed counterpart of this Notice.
Very truly yours,
NATIONAL SECURITIES CLEARING CORPORATION LIMITED
By: ______________________________________
Name:
Title:
Witness:
APPENDIX A TO GENERAL NOTICE OF ACCEPTANCE OF THIRD PARTY BENEFITS
Form of Clearing Member – Constituent (FII) Agreement
Instructions:
1) The above printed format is required to be used.
2) The
agreement is to be stamped for Rs.100/- or the value prevailing in the State
where executed, whichever is higher. Agreement is to be executed on
Non-Judicial stamp paper(s) or on paper franked from Stamp Office
3) All the blanks in the format are required to be duly filled by the
member along with the signature of the authorised signatory
ANNEXURE 32
FORMAT OF INDIAN DEED OF PLEDGE IN FAVOUR OF
NSCCL FOR PROVIDING FOREIGN SOVEREIGN SECURITIES AS COLLATERAL
This Deed of Pledge (hereinafter referred to as
this “Deed”) is executed at _______________ on this ___ day of _________
2008 by
_______________________________, S/o / d/o /
w/o __________________ residing at _____________________ and having his office
at ________________________________ *
_____________________________, a partnership
firm registered under the Indian Partnership Act, 1932 and having its office at
__________________________________*
________________________Ltd., incorporated as a
company under the Companies Act, 1956 and having its registered office at
_______________________________________*
(hereinafter referred to as “Clearing Member”
which expression shall unless repugnant to the context thereof include
successors, administrators and assigns) in favour of National Securities
Clearing Corporation Limited, a company incorporated under the Companies Act,
1956 and having its registered office at Exchange Plaza, Bandra Kurla Complex,
Bandra (E), Mumbai-400 051 (hereinafter
referred to as “NSCCL” which expression shall unless repugnant to the
context thereof, include its successors and assigns).
WHEREAS
a) The Clearing Member is admitted to
the Clearing Membership of Futures and Options segment of NSCCL.
b) One of the requirements of the
clearing membership is that the Clearing Member shall maintain with NSCCL margin deposits in the form of cash, bank
guarantees or securities for the due performance and fulfilment by him/it of
his/its engagements, commitments, operations, obligations or liabilities as a
Clearing Member including any sums due by him/it to NSCCL or any other party as
decided by NSCCL arising out of or incidental to any contracts made, executed,
undertaken, carried out or entered into by him/it.
c) The securities to be deposited by
the Clearing Member shall be securities in dematerialised form and as may be
approved by NSCCL from time to time to an extent of Rs. ________ /- (Rupees
________________ only) or of such value as may be specified by NSCCL from time
to time.
d) The Clearing Member shall deposit
the securities with such custodians acting as depository participants as may be
determined by NSCCL from time to time.
e) Certain of the securities deposited
by the Clearing Member from time to time in accordance with this Deed shall
consist of book-entry securities issued or guaranteed by the United States
government, which book-entry securities must be held through a tiered holding
system maintained with the participation of commercial banks and other
securities intermediaries in the United States that have deposit accounts with
a Federal Reserve Bank.
NOW THIS DEED WITNESSETH AS FOLLOWS:
1. In consideration of NSCCL having
agreed to accept approved dematerialised securities as a margin deposit of such value as may be
specified by NSCCL from time to time, the Clearing Member hereby pledges, and
grants a security interest and right of setoff in, in favor of NSCCL, as
security for due and timely payment, performance and fulfillment by him/it of
all engagements, commitments, operations, obligations or liabilities as a
Clearing Member of NSCCL including any sums due by him/it to NSCCL or National
Stock Exchange of India Limited (hereinafter referred to as “NSEIL”) or
any other party as decided by NSCCL arising out of or incidental to any
contracts made, executed, undertaken,
carried out or entered into by him/it (all of the foregoing engagements,
commitments, operations, obligations and liabilities, collectively, the “Clearing
Member Obligations”), all of the Clearing Member’s right, title and
interest in and to the following securities and other related financial assets
and interests:
(a) All securities and financial assets
and instruments described in this Deed (including, without limitation, in the
Schedule and/or in the New York Collateral Annex annexed hereto), including all
rights or “securities entitlements” created by brokers, custodians or other
securities intermediaries in respect of any such securities, financial assets
and instruments;
(b) All securities and financial assets
and instruments deposited, received or otherwise credited to or for the account
or benefit of the Clearing Member from time to time in addition, substitution
or replacement thereof; and
(c) And any proceeds, profits,
dividends, proceeds and other distributions in respect of any of the foregoing
securities and financial assets and instruments;
(All of the property
described in the foregoing clauses (a), (b) and (c) shall hereinafter
collectively be referred to as the “Pledged Securities”).
2. The Clearing Member if so determined
by NSCCL shall place the Pledged Securities in the absolute disposition of such
custodian/depository participant in such manner as decided by NSCCL and such
possession and disposition shall be apparent and indisputable notwithstanding
the fact that the Clearing Member may be permitted to have access to the
Pledged Securities in the manner and subject to such terms and conditions as
determined by NSCCL and provided further that during such time the Clearing
Member confirms, affirms and covenants with NSCCL that he/it shall do all such acts and things, sign such
documents and pay and incur such costs, debts and expenses as may be necessary
without prejudice to any other obligations, liabilities, duties which he/it
owes as a Clearing Member.
3. The Clearing Member declares and
assures that all the Pledged Securities (i) are in existence, (ii) are either
owned by him/it or he/it has the right and power to pledge the Pledged
Securities and create and transfer to NSCCL a security interest and right of
setoff in the Pledged Securities, in each case, free from any prior charge,
lien or encumbrance and (iii) that all the Pledged Securities that may be
subject to the pledge and lien of this Deed from time to time in favor of NSCCL
shall likewise be unencumbered, absolute and disposable property of the Clearing
Member.
4. The Clearing Member agrees that
he/it shall not without NSCCL’s prior written permission create any charge,
lien or encumbrance of any kind upon or over the Pledged Securities hereby
pledged except to NSCCL, that he/it shall not suffer any such charge, lien or
encumbrance to affect the Pledged Securities or any part thereof and further
that he/it shall not do or allow anything to be done that may prejudice the
Pledged Securities while he/it remains liable to NSCCL in any manner for the Clearing
Member Obligations without the prior written permission of NSCCL.
5. The Clearing Member agrees, declares
and undertakes that he/it shall be bound and abide by the terms and conditions
of the Scheme for the Deposit or Scheme of Pledge, as the case may be, of
securities in dematerialised form as formulated and determined by NSCCL, for
margin deposit either in their existing form or as modified/changed/altered
/amended from time to time pursuant to requirement/ compliance of Clearing
Membership.
6. If in the opinion of NSCCL, the
Clearing Member has failed to perform and / or fails to fulfill his/its
engagements, commitments, operations, obligations or liabilities as a Clearing
Member of NSCCL including any sums due by him/it to NSCCL or to NSEIL or to any
other party arising out of or incidental to any contracts made, executed,
undertaken, carried out or entered into by him/it, then the Clearing Member
agrees that NSCCL on giving one business day notice to the Clearing Member on
its own as a pledgee, shall be empowered/entitled to invoke the pledge, sell,
dispose of or otherwise effect any other transfer of the Pledged Securities in
such manner and subject to such terms and conditions as it may deem fit and
that the money if any realised from such pledge/sale/disposal/or other transfer
shall be utilised/disbursed by NSCCL in such manner and subject to terms and
conditions as it may deem fit and further the Clearing Member shall do all such
things, deeds, acts and execute all such documents as are necessary to enable
NSCCL to effect such pledge/sale/disposal/or other transfer. The decision of NSCCL as to the obligations
or liabilities or commitments of the Clearing Member and the amount claimed
shall be final and binding on the Clearing Member. The Clearing Member
understands and agrees that one business day notice mentioned above shall be
deemed to be a reasonable notice, as this pledge of securities is being
accepted as margin deposit by NSCCL in lieu of cash deposits or bank
guarantees, which can be invoked and appropriated in a day’s time and also due
to the nature of transactions on NSCCL.
7. The Pledged Securities pledged as
security shall be available at the disposal of NSCCL as a continuing security
and remain available in respect of the obligations, liabilities or commitments
of the Clearing Member jointly or severally and may be utilised as such in the
discretion of NSCCL, as if each of the obligations, liabilities or commitments
is secured by the Pledged Securities. This Deed shall not be considered as cancelled
or in any way affected on its utilisation for meeting any specific obligation,
liability or commitment by NSCCL but shall continue and remain in operation in
respect of all subsequent obligations, liabilities or commitments of the
Clearing Member.
8. The Clearing Member shall be
released from his/its obligations, liabilities under this Deed only when NSCCL,
in writing, expressly provides for the release of the Pledged Securities.
9. The Clearing Member agrees that
NSCCL shall be entitled to sell, negotiate or otherwise transfer the Pledged
Securities and to execute transfer documents and/or any other necessary
documents, wherever applicable or other endorsements for this purpose and that
NSCCL shall be entitled to receive from him/it all expenses incurred by
NSCCL/Custodian for the aforesaid purposes.
10. The Clearing Member agrees to
execute such further documents whether of a legal nature or otherwise as may be
required by NSCCL for the purpose of giving effect to the provisions of this
Deed and also the Scheme for the Deposit of securities in dematerialised form.
11. The Clearing Member agrees that the
deposit of the Pledged Securities and the pledge thereof shall not be affected
in any manner whatsoever if NSCCL takes any action against the Clearing Member including
suspension or expulsion or declaration of the Clearing Member as a defaulter.
12. The Clearing Member agrees that
NSCCL shall not be under any liability whatsoever to the Clearing Member or any
other person for any loss, damage, expenses, costs etc, arising out of the
deposit of the Pledged Securities, in any manner, due to any cause whatsoever,
irrespective of whether the Pledged Securities shall be in the possession or
subject to the control of NSCCL or not at the time of such loss or damage or the
happening of the cause thereof. The
Clearing Member shall at all times indemnify and keep indemnified NSCCL from
and against all suits, proceedings, costs, charges, claims and demands
whatsoever that may at any time arise or be brought or made by any person
against NSCCL in respect of any acts, matters and things lawfully done or
caused to be done by NSCCL in connection with the Pledged Securities or in
pursuance of the rights and powers of NSCCL under this Deed.
13. The Clearing Member undertakes that
the deposit of the Pledged Securities and the pledge thereof shall be binding
on him/it as continuing and that it shall not be prejudiced by his/its failure
to comply with the Rules, Bye-laws or Regulation of NSCCL or any other terms
and conditions attendant to the Clearing membership of NSCCL and that NSCCL
shall be at liberty, without thereby affecting his/its rights against him/it
hereunder or in relation to the Pledged Securities or to any other security now
or hereafter held or taken at any time to vary, amend change or alter any terms
or conditions of its Rules, Bye laws or Regulations of NSCCL in general or as
applicable to him / it in particular.
14.
This Deed shall be governed by and construed in accordance with the laws
of India as shall be in effect from time to time, including, without
limitation, any bye-laws, rules, regulations, circulars and instructions of
NSEIL and NSCCL or any rules, regulations, circulars and instructions of the
Government of India or any branch, agency or subdivision thereof, the Securities
and Exchange Board of India and the Reserve Bank of India. In the event of any
dispute between NSCCL and the Clearing Member in connection with this Deed,
including with respect to the liquidation, retention or return of Pledged
Securities, the same shall be subject to the exclusive jurisdiction of the
courts in India provided, however, that nothing contained herein shall prohibit
or preclude the bringing of any action or exercise of remedies by NSCCL (in
each case at its election made in its sole discretion) for the purpose of
preserving or enforcing its rights and interests with respect to any Pledged
Securities under the laws of, and, if applicable, before the courts or other
competent tribunals in, any other relevant jurisdiction. Any such action or exercise of remedies by
NSCCL shall be non-exclusive and without prejudice to any rights and remedies
NSCCL may be entitled to exercise in the courts of
Executed at _____________ on the day, month and
year above mentioned.
Signed, sealed and delivered by the withinnamed
**
Clearing Member
________________________
In the presence of witnesses
1.
2.
* Strike out whichever is not applicable
** To be signed by
a. The Clearing member in case of individual.
b. All partners in case of a Partnership firm
c. By any two of the following persons in the
case of a Company:
i.
Managing Director
ii. Whole-time Director
iii. Directors
Instructions:
To be executed on non
judicial stamp paper of Rs.100 or in accordance with the prevailing rates
applicable in the place of execution, whichever is higher.
ANNEXURE 33
FORMAT OF
dated as of ________________, 2008
between
[NAME OF CLEARING MEMBER]
(“Pledgor”)
and
National Securities
Clearing Corporation Limited
(“NSCCL”)
The
parties to this New York Collateral Annex (this “Collateral Annex”) hereby agree as follows:
1.
Scope.
This Collateral Annex supplements,
forms part of and is subject to that certain Deed of Pledge for Clearing
Members for Margin Deposits, dated as of
____________, 2008, entered into between the Pledgor and NSCCL (the “Indian Deed of Pledge”) and sets
out additional terms and conditions which shall apply to margin deposits and
other security provided as collateral by the Pledgor to secure the Clearing
Member Obligations (as such term is defined in the Indian Deed of Pledge) owing
to NSCCL, where such collateral consists of rights and interests in respect of
certain U.S. treasury obligations held in securities accounts maintained on
behalf of Pledgor by one or more custodians located in the State of New York,
together with all other “Collateral” as such term is defined in Section 2
below. In the event of any inconsistency
between the provisions of the Indian Deed of Pledge and this Collateral Annex,
the provisions of the Indian Deed of Pledge shall prevail as between the
Pledgor and NSCCL.
2.
Definitions.
In this Collateral
Annex, the following terms have the following meanings (such meanings to be equally
applicable to both the singular and plural forms of the terms defined):
“Book-entry Security”
means a security maintained in the form of entries (including without
limitation, the Security Entitlements in, and the financial assets based on,
such security) in the commercial book-entry system of the United States Federal
Reserve System.
“Cash Equivalents”
means (i) any Book-entry Security that is a direct, non-callable obligation of,
or a non-callable obligation guaranteed by, the United States of America and
backed by its full faith and credit that, in each case, is governed by the
Treasury Regulations (including, without limitation, those obligations commonly
known as “US Treasury Bills”, “US Treasury Notes”, “US Treasury Bonds”, “US
Treasury Inflation Protected Issues (TIPS)” and “US Treasury Strips”), and (ii)
any other securities (or security entitlements or other interests therein)
designated in writing from time to time by NSCCL as eligible Cash Equivalents
hereunder or otherwise authorised to be tendered as margin deposits to secure
the Clearing Member Obligations pursuant to the NSEIL/NSCCL Rules.
“C.F.R.” means the
United States Code of Federal Regulations.
“Clearing Member Obligations”
has the meaning specified in Section 1.
“Collateral” has the
meaning specified in Section 3.
“Collateral Account”
has the meaning specified in Section 3(i).
“Control Agreement"
means a control agreement entered into among the Pledgor, NSCCL and a Designated
Custodian, whereby the Designated Custodian agrees to follow Entitlement Orders
originated by NSCCL without the further consent of the Pledgor, provided that
such agreement shall otherwise be in form and substance reasonably acceptable
to NSCCL and its counsel.
“Designated Custodian”
means a Qualified Institution reasonably acceptable to NSCCL that has been
designated by the Pledgor to act as the Securities Intermediary with respect to
a Collateral Account and that has entered into a Control Agreement.
“Entitlement Holder”
has the meaning specified in Section 8-102(a)(7) of the N.Y. UCC or in
respect of any Book-entry Security, the meaning specified for “Entitlement
Holder” in Section 357.2 of the TRADES Regulations or the analogous provision
of any Treasury Regulations applicable to other Book-entry Securities.
“Event of Default”
means (i) the
occurrence and continuation of an Event of Default with respect to the Clearing
Member Obligations set forth in the Indian Deed of Pledge, (ii) the Pledgor
fails to make, when due, any transfer, delivery, pledge, assignment or grant of
Collateral required to be made by it pursuant to this Collateral Annex and that
failure continues unremedied for one (1) Business Day after notice of that
failure is given to the Pledgor; or (iii) the failure or refusal by the Pledgor
to perform, or the breach or violation of; any of the terms, obligations,
covenants or warranties of this Collateral Annex (other than as specified in
subclause (ii) above) and that failure or refusal continues unremedied for five
(5) business days after notice of such failure or refusal is given to the
Pledgor.
“NSEIL/NSCCL Rules”
means the circulars, bye-laws, rules, regulations and other requirements of the
National Stock Exchange of India Ltd. and NSCCL as in effect from time to time.
“N.Y. UCC” means the Uniform Commercial Code in effect in the
State of
“Participant” has the
meaning specified in Section 357.2 of the TRADES Regulations (or the
analogous provision of any other Treasury Regulations applicable to such
Book-entry Securities).
“Pledgor” has the
meaning specified in the recitals of the parties hereto.
“Qualified Institution”
means a Participant that is a domestic office of a commercial bank, trust
company or financial institution organized under the laws of the United States
(or any state or a political subdivision thereof) having assets of at least ten
billion dollars ($10,000,000,000) and a long term debt or deposit rating of at
least Baa2 from Moody’s Investor Service, Inc. and BBB from Standard &
Poor’s, a division of the McGraw-Hill Companies, Inc.
“Secured Obligations” means (i) the Clearing Member
Obligations, (ii) any
and all sums advanced by NSCCL in order to preserve the Collateral or preserve
its lien and security interest in the Collateral; (iii) in the event of any
proceeding for the collection or enforcement of any indebtedness, obligations,
or liabilities referred to in clauses (i) and (ii) above, the reasonable
expenses of any exercise by NSCCL of its rights hereunder, together with
reasonable attorneys’ fees and court costs; and (iv) to the extent not
otherwise included in clauses (i), (ii) and (iii) above, the Pledgor’s
obligations set forth in this Collateral Annex.
“Securities Intermediary”
means a Person that is a “securities intermediary” (as defined in the N.Y. UCC,
Section 8-102(a)(14)) and, in respect of any Book-entry Security, a
“Securities Intermediary” as defined in Section 357.2 of the TRADES
Regulations (or the analogous provision of any other Treasury Regulations
applicable to such Book-entry Securities).
“Security” has the
meaning specified in Section 8-102(a)(15) of the N.Y. UCC or, in respect
of any Book-entry Security, has the meaning specified for “Security” in
Section 357.2 of the TRADES Regulations (or the analogous provision of any
other Treasury Regulations applicable to such Book-entry Securities).
“Security Entitlement” has the
meaning specified in N.Y. UCC Section 8-102(a)(17) or, in respect of any
Book-entry Security, has the meaning specified for “Security Entitlement” in
Section 357.2 of the TRADES Regulations (or the analogous provision of any
other Treasury Regulations applicable to such Book-entry Securities).
“Termination Date” means, unless
otherwise agreed in writing by NSCCL in its sole discretion, the date as of
which Pledgor shall have ceased to be a clearing member of the Futures and
Options Segment of NSCCL and there shall be no further Secured Obligations of
any kind or nature whatsoever (whether or not matured, fixed, contingent,
liquidated or otherwise) owing or potentially owing to NSCCL.
“TRADES” means the
Treasury/Reserve Automated Debt Entry System maintained by the Federal Reserve
Bank of
“TRADES Regulations”
means the regulations of the United States Department of the Treasury contained
in 31 C.F.R. Part 357 (including, without limitation, Section 357.2,
Section 357.10 through Section 357.14 and Section 357.41 through
Section 357.44 of 31 C.F.R. Part 357), as amended.
“Treasury Regulations”
means (a) the TRADES Regulations and (b) to the extent substantially
identical to the TRADES Regulations (as in effect from time to time) the
federal regulations governing other U.S government obligations.
Capitalized
terms not otherwise defined in this Collateral Annex shall have the meaning
given such terms in the Indian Deed of Pledge, the NSEIL/NSCCL Rules, or in
Articles 1, 8 or 9 of the N.Y. UCC or Section 357.2 of the TRADES Regulations
(or any analogous provision of any other Treasury Regulations applicable to any
Book-entry Securities), as the case may be.
3.
Pledge and Grant of Security
Interest in the Collateral.
As security for the prompt and complete payment and performance when due
(whether at the stated maturity, by acceleration or otherwise) of the Secured
Obligations, the Pledgor hereby assigns and pledges to NSCCL and hereby grants
to NSCCL, a lien on and first priority perfected security interest in all of
the Pledgor’s right, title and interest in, to and under the following property
(all such property, collectively, the “Collateral”):
(i)
Each securities account
maintained with a Designated Custodian that shall be identified from time to
time as a “Collateral Account” for purposes of this Collateral Annex on
Schedule 1 hereto (as amended from time to time) (each such account, a “Collateral Account”);
(ii) All Security Entitlements and all other
financial assets from time to time carried in or standing to the credit of each
Collateral Account, including, without limitation, all Security Entitlements in
respect of Book-entry Securities and money and funds held therein and all
certificates and instruments, if any, from time to time representing or
evidencing the Collateral Account;
(iii) All securities, interest, dividends,
cash, instruments and other property, if any, from time to time received,
receivable or otherwise distributed in respect of or in exchange for any or all
of the then existing Collateral;
(iv) All notes, certificates of deposit,
deposit accounts, checks and other instruments, if any, from time to time
hereafter delivered to or otherwise possessed or controlled by the Pledgor or a
Designated Custodian for or on behalf of the Pledgor, in each case in
substitution for any or all of the then existing Collateral;
(v) Any claims or causes of action against
any Designated Custodian in respect of a Collateral Account; and
(vi) All profits, products, dividends,
distributions and proceeds of any kind or nature whatsoever of any and all of
the foregoing Collateral (including, without limitation, proceeds that
constitute property of the types described in foregoing clauses of this Section
3) and, to the extent not otherwise included, all (a) payments under
insurance (whether or not NSCCL is the loss payee thereof) or any indemnity,
warranty or guaranty, payable by reason of loss or damage to or otherwise with
respect to any of the foregoing Collateral and (b) cash proceeds of any
and all of the foregoing Collateral.
Without limiting the generality of the foregoing, this Collateral Annex
secures the payment of all amounts that constitute part of the Secured
Obligations and would be owed by the Pledgor to NSCCL under the Indian Deed of
Pledge, this Collateral Annex and any other transaction documents related
thereto but for the fact that they are unenforceable or not allowable due to
the existence of a bankruptcy, reorganization or similar proceeding involving
the Pledgor.
Notwithstanding
Section 9-207 of the N.Y. UCC, any proceeds or other property, including money
and funds, received from or in respect of the Collateral shall be held as and
shall constitute additional Collateral hereunder,
and NSCCL shall not be required to apply such money or funds to reduce the
Secured Obligations other than as expressly set forth herein.
4.
Establishment and Maintenance of
Collateral.
(a)
Prior to or concurrently with the execution and delivery hereof, and
from time to time, the Pledgor shall cause one or more Designated Custodians to
establish Collateral Accounts on the books of each such Designated Custodian as
a separate securities account segregated from all other custodial or collateral
accounts, which Collateral Accounts shall be maintained at all times as
securities accounts in the name of the Pledgor by each such Designated
Custodian at its designated office in New York, New York. The following provisions shall apply to the establishment
and maintenance of each Collateral Account:
(i) The Collateral Account shall be separate from all
other accounts maintained by the Designated Custodian.
(ii) NSCCL shall, in accordance with all applicable
laws, be granted dominion and control over the Collateral Account pursuant to a
Control Agreement entered into among the Designated Custodian, NSCCL and the
Pledgor in form and substance reasonably acceptable to NSCCL and its counsel,
and the Pledgor shall,
and shall cause the Designated Custodian maintaining such Collateral Account
to, perform or cause to be performed, such additional or alternative procedures
as may hereafter become appropriate to ensure that NSCCL shall at all times
have a first priority perfected security interest with respect to such
Collateral Account consistent with changes in applicable law or regulations or
the interpretation thereof;
(iii) No amount (including interest on Collateral)
shall be released to or for the account of, or withdrawn by or for the account
of, the Pledgor or any other person except as directed by NSCCL or with its
prior written consent, or as otherwise expressly provided in this Collateral
Annex.
(iv) The Designated Custodian shall cause the
corresponding Federal Reserve Bank to indicate by book entry that any
Book-entry Securities have been credited to the Designated Custodian’s
Participant’s Securities Account at such Federal Reserve Bank.
(v) Such Designated
shall indicate by book entry that a Security Entitlement to such Book-entry Securities has been credited to the
Collateral Account.
(b)
All certificates or instruments representing or evidencing Collateral
shall be delivered to and held by or on behalf of Designated Custodian pursuant
hereto and shall be in suitable form for transfer or delivery, or, at the
request of NSCCL, shall be accompanied by duly executed instruments of transfer
or assignment in blank. In addition,
NSCCL shall have the right at any time to exchange certificates or instruments
representing or evidencing Collateral for certificates or instruments of
smaller or larger denominations.
(c)
With respect to any Collateral that constitutes a Security and is not
represented or evidenced by a certificate or instrument and that is not
otherwise held in a Collateral Account, the Pledgor shall cause the issuer
thereof either (i) to register NSCCL or its agent as the registered owner
of such security or (ii) to agree in writing with NSCCL and the Pledgor
that such issuer will comply with instructions with respect to such security
originated by NSCCL without further consent of the Pledgor, the terms of such
agreement to be consistent with the terms of this Collateral Annex (if
applicable).
(d)
With respect to any Collateral that constitutes a Security Entitlement
that is not otherwise held in a Collateral Account, the Pledgor shall cause the
Securities Intermediary with respect to such Security Entitlement either
(i) to identify in its records NSCCL as the entitlement holder of such
Security Entitlement against such Securities Intermediary or (ii) to agree
in writing with the Pledgor and NSCCL that such Securities Intermediary will
comply with entitlement orders (that is, notifications communicated to such
Securities Intermediary directing transfer or redemption of the financial asset
to which Pledgor has a Security Entitlement) originated by NSCCL without
further consent of the Pledgor, the terms of such agreement to be consistent
with the terms of this Collateral Annex (if applicable).
(e)
With respect to any Collateral that constitutes a securities account,
the Pledgor will comply with subsection (d) of this Section 4 with
respect to all Security Entitlements carried in such securities account.
(f)
Pledgor hereby irrevocably authorizes NSCCL at any time and from time to
time to file in the Office of the Secretary of State of the State of New York,
the District of Columbia and any other filing office in the United States any
initial financing statements and amendments thereto that (a) contain a
description of collateral of an equal or lesser scope as the Collateral
described in this Collateral Annex or any supplement hereto, but such
description may contain greater detail than is contained in this Collateral
Annex or any such supplement, and (b) contain any other information
required by part 5 of Article 9 of the Uniform Commercial Code as in
effect in any applicable jurisdiction for the sufficiency or filing office
acceptance of any financing statement or amendment therein, including whether
the Pledgor is an organization, the type of organization and any organization
identification number issued to the Pledgor. The Pledgor agrees to furnish any
such information to NSCCL promptly upon request. The Pledgor also ratifies its
authorization for NSCCL to have filed in any Uniform Commercial Code
jurisdiction any initial financing statements or amendments thereto if filed
prior to the date hereof. A photocopy or other reproduction of this Agreement
or any financing statement covering the Collateral or any part thereof shall be
sufficient as a financing statement where permitted by law.
(g)
Collateral consisting of cash will be deemed to be delivered to a
Designated Custodian when it has been (and for so long as it shall remain)
deposited in or credited to the Collateral Account.
5.
Investing of Amounts in the
Collateral Accounts.
The Pledgor shall cause the Designated Custodian to advise the Pledgor
if, at any time, any amounts shall exist in any Collateral Account uninvested,
and if so, the Pledgor may (or, if so directed by NSCCL, shall) direct such
Designated Custodian in writing to:
(a)
Invest such amounts on deposit in the Collateral Account in such Cash
Equivalents as the Pledgor or NSCCL may select, and
(b)
Invest interest paid on the Cash Equivalents referred to in
clause (a) above, and reinvest other proceeds of any such Cash Equivalents
that may mature or be sold, in Cash Equivalents, as the Pledgor or NSCCL may
select.
Any
payments of interest, dividends or other
proceeds received in a Collateral Account (or, if applicable, directly by
NSCCL), or otherwise received in respect of Collateral, that are not invested
or reinvested in Cash Equivalents as provided above will be held as additional
Collateral.
6.
Disbursements of Collateral.
(a)
All Collateral consisting of securities and other investment property
shall remain in the corresponding Collateral Account at all times, and shall
only be released in accordance with this Collateral Annex or otherwise with the
prior written consent of NSCCL.
(b)
Upon the release of any Collateral from a Collateral Account, in
accordance with the terms of this Collateral Annex, the security interest and
lien evidenced by this Collateral Annex in such released Collateral will
automatically terminate and be of no further force and effect; provided that
the foregoing shall not affect the security interest and lien on any Collateral
not so released.
(c)
Except as expressly provided in this Section 6, nothing contained
in this Collateral Annex shall (i) afford the Pledgor any right to issue
entitlement orders with respect to any Security Entitlement to any of the
Collateral or any securities account in which any such Security Entitlement may
be carried, or otherwise afford the Pledgor control of any such Security
Entitlement or (ii) otherwise give rise to any rights of the Pledgor with
respect to the Collateral, any Security Entitlement thereto or any securities
account in which any such Security Entitlement may be carried, other than the
Pledgor’s rights under this Collateral Annex as the beneficial owner of
Collateral pledged to and subject to the exclusive dominion and control (including,
without limitation, securities control) of NSCCL.
7.
Representations and Warranties of
the Pledgor.
The Pledgor hereby
represents and warrants, as of the date hereof and at all such times as there
shall remain Secured Obligations outstanding, that:
(a)
The execution and delivery by the Pledgor of, and the performance by the
Pledgor of its obligations under, this Collateral Annex will not contravene any
provision of applicable law or the certificate of incorporation, bylaws or
equivalent organizational instruments of the Pledgor or any material agreement
or other material instrument binding upon the Pledgor or any of its
subsidiaries or any judgment, order or decree of any governmental body, agency
or court having jurisdiction over the Pledgor or any of its subsidiaries, or
result in the creation or imposition of any lien on any assets of the Pledgor,
except for the lien and security interests granted under this Collateral Annex;
no consent, approval, authorization or order of, or qualification with, and no
notice to or filing with, any governmental body or agency or other third party
is required (i) for the performance by the Pledgor of its obligations
under this Collateral Annex, (ii) for the pledge by the Pledgor of the
Collateral pursuant to this Collateral Annex or for the execution, delivery or
performance of this Collateral Annex by the Pledgor or (iii) for the
perfection or maintenance of the pledge, assignment and security interest
created hereby (including the first priority nature of such pledge, assignment
or security interest), except for the filing of financing and continuation
statements under the Uniform Commercial Code of applicable jurisdictions which
financing statements have been delivered pursuant to Section 3(g) hereof,
or (iv) except for any such consents, approvals, authorizations or orders
required to be obtained by Pledgor for reasons other than the consummation of
this transaction, for the exercise by NSCCL of the rights provided for in this
Collateral Annex or the remedies in respect of the Collateral pursuant to this
Collateral Annex.
(b)
The Pledgor is the legal and beneficial owner of the Collateral, free
and clear of any lien or claims of any Person (except for the lien and security
interests granted under this Collateral Annex and the Indian Deed of Pledge).
No effective financing statement or other instrument similar in effect covering
all or any part of the Collateral is on file in any public office other than
the financing statements, if any, to be filed pursuant to this Collateral
Annex.
(c)
This Collateral Annex has been duly authorised, validly executed and
delivered by the Pledgor and (assuming the due authorization and valid
execution and delivery of this Collateral Annex by NSCCL and enforceability of
this Collateral Annex against NSCCL in accordance with its terms) constitutes a
valid and binding agreement of the Pledgor, enforceable against the Pledgor in
accordance with its terms, except as (i) the enforceability hereof may be
limited by bankruptcy, insolvency, fraudulent conveyance, preference,
reorganization, moratorium or similar laws now or hereafter in effect relating
to or affecting the rights or remedies of creditors generally, and
(ii) the availability of equitable remedies may be limited by equitable
principles of general applicability and the discretion of the court before
which any proceeding therefor may be brought.
(d)
Upon the delivery to a Designated Custodian of the Collateral in
accordance with the terms hereof and the execution of a Control Agreement by
such Designated Custodian in favor of NSCCL, the pledge of and grant of a
security interest in the Collateral securing the payment of the Secured
Obligations for the benefit of NSCCL will constitute a valid, first priority,
perfected security interest in such Collateral, enforceable as such against all
creditors of the Pledgor and any persons purporting to purchase any of the
Collateral from the Pledgor. Upon the
execution of such Control Agreement, all actions necessary or desirable to
perfect and protect such security interest will have been duly taken.
(e)
There are no legal or governmental proceedings pending or, to the best
of the Pledgor’s knowledge, threatened to which the Pledgor or any of its
subsidiaries is a party or to which any of the properties of the Pledgor or any
of its subsidiaries is subject that would materially adversely affect the power
or ability of the Pledgor to perform its obligations under this Collateral
Annex or to consummate the transactions contemplated hereby.
(f)
The pledge of the Collateral pursuant to this Collateral Annex is not
prohibited by law or governmental regulation (including, without limitation,
Regulations T, U and X of the Board of Governors of the Federal Reserve System)
applicable to the Pledgor.
(g)
No Event of Default exists.
(h)
The Pledgor is a [_____________] duly organized and validly existing
under the laws of [______________]. The Pledgor’s name as it appears in
official filings in [______________] is [______________]. The Pledgor’s
organizational identification number issued by [______________] is
[______________].
8.
Covenants of the Pledgor.
The Pledgor covenants and agrees with NSCCL that from and after the date
of this Collateral Annex until the Termination Date:
(a)
It will not (and will not purport to) (i) sell or otherwise dispose of,
or grant any option or warrant with respect to, any of the Collateral nor
(ii) create or permit to exist any lien upon or with respect to any of the
Collateral (except for the liens and security interests granted under this
Collateral Annex and the Indian Deed of Pledge) and at all times will be the
sole beneficial owner of the Collateral;
(b)
It will not (i) enter into any agreement or understanding that
restricts or inhibits or purports to restrict or inhibit NSCCL’s control over
the Collateral or its rights or remedies hereunder, including, without
limitation, NSCCL’s right to sell or otherwise dispose of the Collateral or
(ii) fail to pay or discharge any tax, assessment or levy of any nature
with respect to its beneficial interest in the Collateral not later than three
(3) business days prior to the date of any proposed sale under any judgment,
writ or warrant of attachment with respect to the Collateral;
(c)
It will not, directly or indirectly, authorize any third party to give
Entitlement Orders with respect to any Collateral Account or other Collateral
or to file any financing statement with respect to any of the Collateral
without the prior written consent of NSCCL.
9.
Fees and Expenses.
Pledgor agrees to pay to NSCCL promptly upon demand (and in any event
within five (5) business days following such demand) the amount of any and all
expenses, including, without limitation, the reasonable fees, expenses and
disbursements of counsel, experts and agents retained by NSCCL, that NSCCL may incur
in connection with:
(a)
The administration of the Indian Deed of Pledge and this Collateral
Annex including, without limitation, in connection with any of the items
described in Section 10 (Further Assurances);
(b)
The custody or preservation of, or the sale of, collection from, or
other realization upon, any of the Collateral;
(c)
The exercise or enforcement of any of the rights of NSCCL hereunder; or
(d)
The failure by the Pledgor to perform or observe any of the provisions
hereof.
10.
Further Assurances.
The Pledgor will, promptly upon the request by NSCCL, execute and
deliver or cause to be executed and delivered, or use its reasonable best
efforts to procure, all assignments, instruments and other documents, deliver
any instruments to NSCCL and take any other actions that are necessary or
desirable to perfect, continue the perfection of, or protect the first priority
of the NSCCL’s security interest in and to the Collateral, to protect the
Collateral against the rights, claims or interests of third persons (other than
any such rights, claims or interests created by or arising through NSCCL) or to
effect the purposes of this Collateral Annex.
Without limiting the generality of the foregoing, the Pledgor will, if
any Collateral shall be evidenced by a promissory note or other instrument,
deliver to NSCCL in pledge hereunder such note or instrument duly endorsed and
accompanied by duly executed instruments of transfer or assignment; and execute
and file such financing or continuation statements, or amendments thereto, and
such other instruments or notices, as may be necessary, or as NSCCL may
reasonably request, in order to perfect and preserve the pledge, assignment and
first priority perfected security interest granted or purported to be granted
hereby. The Pledgor also agrees, whether
or not requested by NSCCL, to use its reasonable best efforts to perfect or
continue the perfection of, or to protect the first priority of, NSCCL’s
security interest in and to the Collateral, and to protect the Collateral
against the rights, claims or interests of third persons (other than any such
rights, claims or interests created by or arising through NSCCL).
The Pledgor will pay all costs incurred in connection with any of the
foregoing in accordance with Section 9.
11.
Rights and Remedies of NSCCL as
Secured Party.
If any
Event of Default shall have occurred and be continuing, NSCCL shall have the
following rights and remedies:
(a)
NSCCL shall have, in addition to all other rights given by law or by
this Collateral Annex or the Indian Deed of Pledge, all of the rights and
remedies with respect to the Collateral of a secured party upon default under
the N.Y. UCC (whether or not the N.Y. UCC applies to the affected Collateral)
at that time.
(b)
In addition, with respect to any Collateral that shall then be in or
shall thereafter come into the control, possession or custody of NSCCL, NSCCL
may give Entitlement Orders to the applicable Designated Custodian to sell,
liquidate or dispose of any Collateral, or appoint a broker or other expert to sell
or cause the same to be sold at any broker’s board or at public or private
sale, in one or more sales or lots, at such price or prices such broker or
other expert may deem commercially reasonable, for cash or on credit or for
future delivery, without assumption of any credit risk. The purchaser of any or all Collateral so
sold shall thereafter hold the same absolutely, free from any claim,
encumbrance or right of any kind whatsoever created by or through the Pledgor.
(c)
Pledgor acknowledges and agrees that the Collateral is of a kind that is
customarily sold on a recognized market and/or the subject of widely
distributed standard price quotations, and threatens to decline speedily in
value, within the meaning of Sections 9-610 and 9-611 of the N.Y. UCC, and
accordingly, the Pledgor is not entitled to prior notice of sale of such
Collateral by NSCCL, except any notice that is required under applicable law
and cannot be waived. Any sale of the
Collateral conducted in conformity with reasonable commercial practices of
banks, insurance companies, commercial finance companies, or other financial
institutions disposing of property similar to the Collateral shall be deemed to
be commercially reasonable. Any requirements of reasonable notice, to the
extent applicable, shall be met if notice of the time and place of any public
sale or the time after which any private sale is to be made is given to the
Pledgor at least ten (10) days before the time of the sale or
disposition. NSCCL or any agent acting
on its behalf may, in its own name or in the name of a designee or nominee, buy
any of the Collateral at any public sale and, if permitted by applicable law,
at any private sale. NSCCL shall not be
obligated to make any sale of Collateral regardless of notice of sale having
been given. NSCCL may adjourn any public
or private sale from time to time by announcement at the time and place fixed
therefor, and such sale may, without further notice, be made at the time and
place to which it was so adjourned. All expenses (including court costs and
reasonable attorneys’ fees, expenses and disbursements) of, or incident to, the
enforcement of any of the provisions hereof shall be recoverable from the
proceeds of the sale or other disposition of the Collateral.
(d)
The
Pledgor recognizes that, by reason of certain prohibitions contained in the
Securities Act of 1933, as amended, and applicable state securities laws, the
NSCCL may be compelled, with respect to any sale of all or any part of the
Collateral, to limit purchasers to those who will agree, among other things, to
acquire the relevant Collateral for their own account, for investment and not
with a view to the distribution or resale thereof. The Pledgor acknowledges that any such private
sale may be at prices and on terms less favorable to NSCCL than those
obtainable through a public sale without such restrictions, and,
notwithstanding such circumstances, agrees that any such private sale shall be
deemed to have been made in a commercially reasonable manner and that the NSCCL
shall have no obligation to engage in public sales and no obligation to delay
the sale of any Collateral for the period of time necessary to enable the
registration of the Collateral or related transaction so as to permit a public
offer to be made with respect thereto.
(e)
The Pledgor further agrees to use its reasonable best efforts to do or
cause to be done all such other acts as may be necessary to make such sale or
sales of all or any portion of the Collateral pursuant to this Section 7
valid and binding and in compliance with any and all other applicable
requirements of law. The Pledgor further
agrees that a breach of any of the covenants contained in this Collateral Annex
or the Indian Deed of Pledge will cause irreparable injury to NSCCL, that NSCCL
has no adequate remedy at law in respect of such breach and, as a consequence,
that each and every covenant contained in this Collateral Annex or the Indian
Deed of Pledge shall be specifically enforceable against the Pledgor, and the
Pledgor hereby waives and agrees not to assert any defenses against an action
for specific performance of such covenants except for a defense that no Event
of Default has occurred.
(f)
All cash proceeds received by
NSCCL in respect of any sale of, collection from, or other realization upon all
or any part of the Collateral may, in the discretion of NSCCL and
notwithstanding anything to the contrary in Section 9-207 or other relevant
provision of the N.Y. UCC, be held by NSCCL as collateral for, and/or then or
at any time thereafter applied by NSCCL against any Secured Obligations. Any surplus of such cash or cash proceeds
held by NSCCL and remaining after payment in full of all of the Secured
Obligations shall be paid over to the Pledgor.
(g)
NSCCL may, but is not obligated to, exercise any and all rights and
remedies the Pledgor may have in respect of the Collateral.
(h)
Subject to and in accordance with the terms of this Collateral Annex and
the Indian Deed of Pledge, all payments received by the Pledgor in respect of
the Collateral shall be received in trust for the benefit of NSCCL, shall be
segregated from other funds of the Pledgor and shall be forthwith paid over to
NSCCL in the same form as so received (with any necessary endorsement) or as
NSCCL shall otherwise direct.
(i)
NSCCL may, without notice to the Pledgor except as required by law and
at any time or from time to time, charge, set-off and otherwise apply all or
any part of the Secured Obligations against the Collateral or any part thereof.
(j)
The Pledgor shall cease to be entitled to direct the investment of
amounts held in any Collateral Account under Section 5 and NSCCL shall be
entitled to direct any Designated Custodian to not accept any direction or
other Entitlement Order from the Pledgor to invest amounts held in any Collateral
Account.
12.
Power of Attorney.
The Pledgor hereby appoints and constitutes NSCCL as the Pledgor’s
attorney-in-fact (with full power of substitution) to exercise to the fullest
extent permitted by law in the place and stead and at the expense of the Pledgor,
in the name of the Pledgor or otherwise, from time to time in NSCCL’s
discretion to take any action and to execute any instrument that NSCCL may deem
necessary or advisable to accomplish the purposes of this Collateral Annex and
the Indian Deed of Pledge, which appointment is irrevocable and coupled with an
interest, including, without limitation:
(a)
To give any necessary receipts or acquittances for amounts collected or
received hereunder;
(b)
To collect the proceeds of any Collateral;
(c)
To convey any item of Collateral to any purchaser thereof;
(d)
To give any notices or recording of any liens hereof;
(e)
To pay or discharge taxes or liens levied or placed upon the Collateral,
the legality or validity thereof and the amounts necessary to discharge the
same to be determined by NSCCL in its sole reasonable discretion, and such
payments made by NSCCL to become part of the Secured Obligations secured
hereby, due and payable immediately upon demand;
(f)
To endorse and negotiate any checks or instruments representing proceeds
of Collateral in the name of the Pledgor;
(g)
To execute and give receipt for
any certificate of ownership or any document constituting Collateral;
(h)
Transfer title to any item of Collateral;
(i)
Sign the Pledgor’s name on all financing statements (to the extent
permitted by applicable law) or any other documents necessary or appropriate to
preserve, protect or perfect the security interest in the Collateral and to
file the same;
(j)
Prepare, file and sign the Pledgor’s name on any notice of lien (to the
extent permitted by applicable law);
(k)
And to take any other actions arising from or necessarily incident to
the powers granted to NSCCL in this Collateral Annex or the Indian Deed of
Pledge.
Nevertheless, if so requested by NSCCL or a purchaser, the Pledgor shall
ratify and confirm, to the extent it has to the power to do so, any such sale
or other disposition by executing and delivering to NSCCL or such purchaser all
proper bills of sale, assignments, releases and other instruments as may be
designated in any such request.
If the Pledgor fails to perform any agreement contained herein, NSCCL
may, but is not obligated to, after providing to the Pledgor notice of such
failure and five (5) business days to effect such performance, itself perform,
or cause performance of, such agreement, and the expenses of NSCCL incurred in
connection therewith shall be payable by the Pledgor in accordance with Section
9.
13.
Security Interest Absolute.
All rights of NSCCL and security interests hereunder, and all
obligations of the Pledgor hereunder, shall be absolute and unconditional
irrespective of:
(a)
Any lack of validity or enforceability of the Indian Deed of Pledge or
any other agreement or instrument relating thereto;
(b)
Any change in the time, manner or place of payment of, or in any other
term of, all or any of the Secured Obligations, or any other amendment or
waiver of or any consent to any departure from the Indian Deed of Pledge or any
other agreement or instrument relating thereto;
(c)
Any exchange, surrender, release or non-perfection of any liens on any
other Collateral for all or any of the Secured Obligations;
(d)
Any change, restructuring or termination of the corporate structure or
the existence of the Pledgor or any of its subsidiaries;
(e)
To the extent permitted by applicable law, any other circumstance which
might otherwise constitute a defense available to, or a discharge of, the
Pledgor in respect of the Secured Obligations or of this Collateral Annex; or
(f)
Any manner of application of other collateral, or proceeds thereof, to
all or any item of the Secured Obligations, or any manner of sale or other
disposition of any item of Collateral for all or any of the Secured
Obligations.
14.
Miscellaneous Provisions.
(a)
Notices. Any notice, approval, direction, consent
or other communication shall be sufficiently given if in writing and delivered
in person or mailed by first class mail, commercial courier service or
telecopier communication, addressed as follows:
if to
the Pledgor:
Attention:
Telecopier No.:
if to NSCCL:
National
Securities Clearing Corporation Limited
Exchange Plaza,
Bandra-Kurla Complex,
Bandra
(East) Mumbai 400 051
Attention:
Manager, Collaterals Department
Telecopier No.: 0091-22-26598243/44
or, as to any such party, at such other address as shall be designated
by such party in a written notice to each other party complying as to delivery
with the terms of this Section. All such notices and other communications shall
be deemed to have been duly given: at the time delivered by hand, if personally
delivered; three (3) business days after being deposited in the mail, postage
prepaid, if mailed; when receipt is confirmed, if telecopied; and on the next
business day if timely delivered to an air courier guaranteeing overnight
delivery.
(b)
Severability. The provisions of this Collateral Annex
are severable, and if any clause or provision shall be held invalid, illegal or
unenforceable in whole or in part in any jurisdiction, then such invalidity or
unenforceability shall affect in that jurisdiction only such clause or
provision, or part thereof, and shall not in any manner affect such clause or
provision in any other jurisdiction or any other clause or provision of this
Collateral Annex in any jurisdiction.
(c)
Headings. The headings in this Collateral Annex have
been inserted for convenience of reference only, are not to be considered a
part hereof and shall in no way modify or restrict any of the terms or
provisions hereof.
(d)
Counterpart Originals. This
Collateral Annex may be signed in two or more counterparts, each of which shall
be deemed an original, but all of which shall together constitute one and the
same agreement.
(e)
Benefits of Collateral
Annex. Nothing
in this Collateral Annex, express or implied, shall give to any person, other
than the parties hereto and their successors hereunder, any benefit or any
legal or equitable right, remedy or claim under this Collateral Annex.
(f)
Amendments, Waivers and
Consents. Any amendment or waiver of any provision of this Collateral
Annex and any consent to any departure by the Pledgor from any provision of
this Collateral Annex shall be effective only if made or duly given in
compliance with all of the terms and provisions of hereof, and NSCCL shall not
be deemed, by any act, delay, indulgence, omission or otherwise, to have waived
any right or remedy hereunder or to have acquiesced in any default or Event of
Default or in any breach of any of the terms and conditions hereof. Failure of
NSCCL to exercise, or delay in exercising, any right, power or privilege
hereunder shall not preclude any other or further exercise thereof or the
exercise of any other right, power or privilege. A waiver by NSCCL of any right
or remedy hereunder on any one occasion shall not be construed as a bar to any
right or remedy that NSCCL would otherwise have on any future occasion. The
rights and remedies herein provided are cumulative, may be exercised singly or
concurrently and are not exclusive of any rights or remedies provided by law.
(g)
Continuing Security
Interest; Termination. This Collateral Annex shall create a
continuing first priority perfected security interest in and to the Collateral
and shall remain in full force and effect until the Termination Date. This Collateral Annex shall be binding upon
the parties hereto and their respective transferees, successors and assigns,
and shall inure, together with the rights and remedies of NSCCL hereunder, to
the benefit of NSCCL, the Pledgor and their respective successors, transferees
and assigns.
Upon the Termination Date, the pledge, assignment and security interest
granted hereby shall terminate and all rights to the Collateral shall revert to
the Pledgor. At such time, NSCCL shall,
in accordance with the Pledgor’s instructions, promptly reassign and redeliver
to the Pledgor all of the Collateral hereunder that has not been sold, disposed
of, retained or applied by NSCCL in accordance with the terms of this
Collateral Annex and the Indian Deed of Pledge and execute and deliver to the
Pledgor such documents as the Pledgor shall reasonably request to evidence such
termination. Such reassignment and
redelivery shall be without warranty by or recourse to NSCCL, except as to the
absence of any liens on the Collateral created by or arising through NSCCL, and
shall be at the reasonable expense of the Pledgor.
(h)
Survival Provisions. All
representations, warranties and covenants contained herein shall survive the
execution and delivery of this Collateral Annex, and shall terminate only upon
the termination of this Collateral Annex.
The obligations of the Pledgor under Sections 3 and 9 hereof shall
survive the termination of this Collateral Annex.
(i)
Waivers. The Pledgor
waives presentment and demand for payment of any of the Secured Obligations,
protest and notice of dishonor or default with respect to any of the Secured
Obligations, and all other notices to which the Pledgor might otherwise be
entitled, except as otherwise expressly provided herein or in the Indenture.
(j)
Final Expression. This
Collateral Annex, together with the Indian Deed of Pledge and any other
agreement executed in connection herewith, is intended by the parties as a
final expression of this Collateral Annex and is intended as a complete and
exclusive statement of the terms and conditions thereof.
(k)
GOVERNING LAW;
SUBMISSION TO JURISDICTION; WAIVER OF JURY TRIAL; WAIVER OF DAMAGES.
(I) THIS COLLATERAL ANNEX SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF INDIA, EXCEPT TO THE EXTENT
THAT THE VALIDITY OR PERFECTION OF THE SECURITY INTEREST HEREUNDER, OR REMEDIES
HEREUNDER, IN RESPECT OF ANY PARTICULAR COLLATERAL ARE GOVERNED BY THE LAWS OF
THE STATE OF NEW YORK OR SUCH OTHER JURISDICTION AS DETERMINED BY THE TREASURY
REGULATIONS, AND, EXCEPT TO THE EXTENT THAT THE VALIDITY OR PERFECTION OF THE
SECURITY INTEREST HEREUNDER, OR REMEDIES HEREUNDER, IN RESPECT OF ANY
PARTICULAR COLLATERAL ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK OR SUCH
OTHER JURISDICTION AS DETERMINED BY THE TREASURY REGULATIONS, ANY DISPUTE
ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP
ESTABLISHED BETWEEN THE PLEDGOR AND NSCCL IN CONNECTION WITH THIS COLLATERAL
ANNEX, AND WHETHER ARISING IN CONTRACT, TORT, EQUITY OR OTHERWISE, SHALL BE
RESOLVED IN ACCORDANCE WITH THE LAWS OF
(II) THE PLEDGOR HEREBY WAIVES PERSONAL SERVICE OF PROCESS IN ANY
SUIT, ACTION OR PROCEEDING WITH RESPECT TO THIS COLLATERAL ANNEX AND FOR
ACTIONS BROUGHT UNDER THE U.S. FEDERAL OR STATE SECURITIES LAWS BROUGHT IN ANY
FEDERAL OR STATE COURT LOCATED IN THE CITY OF NEW YORK (EACH A "NEW YORK
COURT") AND CONSENTS THAT ALL SERVICE OF PROCESS IN ANY SUCH SUIT, ACTION
OR PROCEEDING SHALL BE MADE BY REGISTERED MAIL, RETURN RECEIPT REQUESTED,
DIRECTED TO THE PLEDGOR AT THE ADDRESS INDICATED IN SECTION 14(a). THE PLEDGOR
SUBMITS TO THE JURISDICTION OF ANY NEW YORK COURT AND TO THE COURTS OF ITS
CORPORATE DOMICILE WITH RESPECT TO ANY ACTIONS BROUGHT AGAINST IT AS DEFENDANT
IN ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF, CONNECTED WITH, RELATED TO,
OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED AMONG THE PLEDGOR AND NSCCL IN
CONNECTION WITH THIS COLLATERAL ANNEX, AND WAIVES ANY OBJECTION THAT IT MAY
HAVE TO THE LAYING OF VENUE, INCLUDING ANY PLEADING OF FORUM NON CONVENIENS,
WITH RESPECT TO ANY SUCH ACTION AND WAIVES ANY RIGHT TO WHICH IT MAY BE
ENTITLED ON ACCOUNT OF PLACE OF RESIDENCE OR DOMICILE.
(III) THE PLEDGOR AGREES
THAT NSCCL SHALL HAVE THE RIGHT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO
PROCEED AGAINST THE PLEDGOR OR THE COLLATERAL IN A COURT IN ANY LOCATION
REASONABLY SELECTED IN GOOD FAITH (AND HAVING PERSONAL OR IN REM JURISDICTION
OVER THE PLEDGOR OR THE COLLATERAL, AS THE CASE MAY BE) TO ENABLE NSCCL TO
REALIZE ON SUCH COLLATERAL, OR TO ENFORCE A JUDGMENT OR OTHER COURT ORDER
ENTERED IN FAVOR OF NSCCL. THE PLEDGOR AGREES THAT IT WILL NOT ASSERT ANY
COUNTERCLAIMS, SETOFFS OR CROSSCLAIMS IN ANY PROCEEDING BROUGHT BY NSCCL TO
REALIZE ON SUCH PROPERTY OR TO ENFORCE A JUDGMENT OR OTHER COURT ORDER IN FAVOR
OF NSCCL, EXCEPT FOR SUCH COUNTERCLAIMS, SETOFFS OR CROSSCLAIMS WHICH, IF NOT
ASSERTED IN ANY SUCH PROCEEDING, COULD NOT OTHERWISE BE BROUGHT OR ASSERTED.
(l)
Effectiveness. This
Collateral Annex shall become effective upon the effectiveness of the Indian Deed
of Pledge.
SCHEDULE 1 TO
List of Collateral
Accounts
Instructions:
All the blanks in the format are
required to be duly filled by the member along with the signature of the
authorised signatory
ANNEXURE 34
FORMAT OF ACCOUNT CONTROL AGREEMENT FOR
PROVIDING FOREIGN SOVEREIGN SECURITIES AS COLLATERAL
THIS ACCOUNT CONTROL
AGREEMENT (this “Agreement”)
is dated as of _________, 200_, among __________________ (“Pledgor”)
with an address of __________________________, ____________________, as
depository bank (“Depository Bank”), with an address of
______________________, and National Securities Clearing Corporation Limited,
under the below-described Deed of Pledge Agreement along with New York Collateral
Annex (in such capacity, “Secured
Party”), with an address of Exchange Plaza, Bandra-Kurla Complex, Bandra
(East), Mumbai 400 051
The Depository Bank has established and
maintains for the Pledgor collateral account number __________ (the “Account”)
The Pledgor, Depository Bank and Secured Party
are entering into this Agreement to provide for the control of the Account and
to grant and perfect the security interest of Secured Party therein.
Therefore, in consideration of the premises and
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and intending to be legally bound, the parties hereby
agree as follows:
1.
Security Interest.
To secure the prompt and complete payment, performance and observance of
all of the Obligations (as defined in the Deed of Pledge Agreement), the
Pledgor hereby grants to the Secured Party, for its benefit, a security
interest in all of its right, title and interest in, to and under the Account,
together with all “investment property” (as defined in Article 9 of the Uniform
Commercial Code of the State of New York (the “UCC”)) and cash held
therein and all proceeds of any of the foregoing.
2.
The Account
(a)
Depository
Bank hereby represents and warrants to Secured Party and Pledgor that (a) the
Account has been established in the name of Pledgor and (b) to the best of
Depository Bank’s knowledge, except for the claims and interest of Secured
Party and Pledgor in the Account (subject to any claim in favor of Depository
Bank permitted under Section 3), Depository Bank does not know of any
claim to or interest in the Account. All
parties agree that the Account is a “securities account” within the meaning of
Article 8 of the UCC and that all property, including cash, held by Depository
Bank in the Account shall be treated as “financial assets” within the meaning
of Article 8 of the UCC. The Depository
Bank confirms and agrees that (i) it is a “securities intermediary” within the
meaning of Article 8 of the UCC and (ii) for purposes of Article 8 of the UCC,
the State of New York is the Depository Bank’s jurisdiction. The Depository Bank makes no representation
or warranty, and shall have no responsibility or liability, with respect to the
effectiveness of this Agreement in granting or perfecting such security
interest.
(b)
All
securities or other property underlying any financial assets credited to the
Account shall be registered in the name of the Depository Bank, endorsed to the
Depository Bank or in blank or credited to another securities account
maintained in the name of the Depository Bank and in no case shall any
financial asset credited to the Account be registered in the name of the
Pledgor, payable to the order of the Pledgor or specially endorsed to the
Pledgor except to the extent the foregoing have been specially endorsed to the
Depository Bank or in blank.
3.
Priority of Lien.
Depository Bank hereby acknowledges the security interest granted to
Secured Party by Pledgor. Depository
Bank hereby waives and releases all liens, encumbrances, claims and rights of
setoff it may have against the Account or any financial asset carried in the
Account or any credit balance in the Account and agrees that, except for
payment of its customary fees and charges including overdraft fees and
reimbursement of amounts advanced to settle authorised transactions for the
Account, it shall not assert any such lien, encumbrance, claim or right against
the Account or any financial asset carried in the Account or any credit balance
in the Account. Depository Bank shall
not agree with any third party that Depository Bank shall comply with
entitlement orders concerning the Account originated by such third party
without the prior written consent of Secured Party and Pledgor.
4.
Control.
Depository Bank shall comply at all times with entitlement orders
originated by Secured Party concerning the Account without further consent by
Pledgor. Depository Bank shall make
trades of financial assets held in the account at the direction of Pledgor, or
Pledgor’s authorised representative, and comply with entitlement orders
concerning the Account from Pledgor, or Pledgor’s authorised representatives,
until such time as Secured Party delivers a written notice substantially in the
form attached hereto as Exhibit A to Depository Bank that Secured Party is
thereby exercising exclusive control over the Account (the “Notice of
Exclusive Control”). After
Depository Bank receives the Notice of Exclusive Control, Depository Bank
shall, after having had a reasonable opportunity to act on the notice, cease
complying with entitlement orders or other directions concerning the Account
originated by Pledgor or Pledgor’s representatives.
5.
Statements and Notices of Adverse
Claims. Depository Bank shall send copies of all
monthly statements concerning the Account to each of Pledgor and Secured Party
at the address set forth in the heading of this Agreement. Upon receipt of written notice of any lien,
encumbrance or adverse claim against the Account or in any financial asset
carried therein, Depository Bank shall make reasonable efforts to notify
Secured Party and Pledgor thereof.
6.
Limited Responsibility of Depository
Bank. Depository Bank shall have no responsibility
or liability to Secured Party for making trades of financial assets held in the
Account at the direction of Pledgor, or Pledgor’s authorised representatives,
or complying with entitlement orders concerning the Account from Pledgor, or
Pledgor’s authorised representatives that are received by Depository Bank
before Depository Bank receives a Notice of Exclusive Control. Depository Bank shall have no responsibility
or liability to Pledgor for complying with a Notice of Exclusive Control or
complying with entitlement orders concerning the Account originated by Secured
Party. Depository Bank shall have no
responsibility or liability to Secured Party with respect to the value of the
Account or any asset held therein.
Depository Bank shall have no duty to investigate or make any
determination as to whether a default exists under any agreement between
Pledgor and Secured Party and shall comply with a Notice of Exclusive Control
even if it believes that no such default exists. This Agreement does not create any obligation
or duty of Depository Bank other than those expressly set forth herein.
7.
Indemnification of Depository Bank.
Pledgor hereby agrees to indemnify, defend and hold harmless Depository
Bank, its directors, officers, agents and employees against any and all claims,
causes of action, liabilities, lawsuits, demands and damages, including without
limitation, any and all court costs and reasonable attorney’s fees, in any way
related to or arising out of or in connection with this Agreement or any action
taken or not taken pursuant hereto, except to the extent as a result of
Depository Bank’s gross negligence or willful misconduct.
8.
Termination.
The rights and powers granted herein to Secured Party have been granted
in order to perfect its security interest in the Account, are powers coupled
with an interest and shall not be affected by the lapse of time. The obligations of Depository Bank under Sections
3, 4 and 6 above shall continue in effect until the earlier
of (i) the date on which Pledgor makes suitable arrangements with the consent
of Secured Party following the resignation of Depository Bank and (ii) Secured
Party has notified Depository Bank in writing that this Agreement is to be
terminated.
9.
Entire Agreement.
This Agreement, any schedules or exhibits hereto and the instructions
and notices required or permitted to be executed and delivered hereunder set
forth the entire agreement of the parties with respect to the subject matter
hereof.
10.
Amendments.
No amendment, modification or (except as otherwise specified in Section
8 above) termination of this Agreement, nor any assignment of any rights
hereunder, shall be binding on any party hereto unless it is in writing and is
signed by each of the parties hereto, and any attempt to so amend, modify,
terminate or assign except pursuant to such a writing shall be null and void. No waiver of any rights hereunder shall be
binding on any party hereto unless such waiver is in writing and signed by the
party against whom enforcement is sought.
11.
Severability.
If any term or provision set forth in this Agreement shall be invalid or
unenforceable, the remainder of this Agreement, or the application of such term
or provision to persons or circumstances other than those to which it is held
invalid or unenforceable, shall be construed in all respects as if such invalid
or unenforceable term or provision were omitted.
12.
Successors.
The terms of this Agreement shall be binding upon, and shall inure to
the benefit of, the parties hereto and their respective successors and
permitted assigns.
13.
Notices.
Any notice, request or other communication required or permitted to be
given under this Agreement shall be in writing and signed by an authorised
person and shall be deemed to have been properly given (i) when delivered in
person, or (ii) when sent by telecopy or other electronic means and electronic
confirmation of error free receipt is received or (iii) upon receipt of notice
sent by certified or registered mail, return receipt requested, postage
prepaid, addressed to the party at the address set forth next to such parties’
name at the heading of this Agreement.
Any party may change its address for notices in the manner set forth
above.
14.
Counterparts.
This Agreement may be executed in any number of counterparts, all of
which shall constitute one and the same instrument, and any party hereto may
execute this Agreement by signing and delivering one or more counterparts. Delivery of an executed counterpart of this
Agreement by facsimile shall be effective as delivery of a manually executed
counterpart of this Agreement.
15.
Choice of Law.
This Agreement shall be governed by and construed in accordance with the
laws of the State of
16.
Representations.
Each party hereby represents and warrants that the individual executing
this Agreement on its behalf has the requisite power and authority to do so and
to bind such party to the terms of this Agreement.
17.
U.S.A Patriot Act. The parties hereto acknowledge that in accordance with
Section 326 of the USA Patriot Act the Depository Bank, like all financial
institutions and in order to help fight the funding of terrorism and money
laundering, is required to obtain, verify, and record information that
identifies each person or legal entity that establishes a relationship or opens
an account with Deutsche Bank Trust Company Americas. The parties to this Agreement agree that they
will provide the Depository Bank with such information as it may request in
order for the Depository Bank to satisfy the requirements of the USA Patriot
Act.
[Remainder of page intentionally left blank.]
IN WITNESS WHEREOF, the parties
hereto have caused this Agreement to be duly executed as of the date first
above written.
[
], as Pledgor
By: ______________________________
Name:
Title:
[
], as Depository Bank
By: ______________________________
Name:
Title:
[
], as Secured Party
By: ______________________________
Name:
Title:
EXHIBIT A
NOTICE OF EXCLUSIVE CONTROL
, 200
Attention:
Reference
is made to that certain agreement, dated [ ], (the “Account Control Agreement”)
by and among __________________ (“Pledgor”), ____________________, as
Depository Bank (“Depository Bank”), and _______________________, in its
capacity as [____________] under a [______________] Agreement (in such
capacity, “Secured Party”).
Pursuant
to the terms of the Account Control Agreement we hereby give you notice to
cease honoring the Pledgor’s instructions with respect to the Account, and to
immediately comply with the terms and conditions set forth in the Account
Control Agreement relevant to the transfer of control of the Account to the
Secured Party, including but not limited to redirection of such funds.
Please
acknowledge receipt of this notice by signing below and returning an original
to:
[Add full address and contact detail]
Very truly yours,
[
], as Secured Party
By:
Name:
Title:
RECEIPT
ACKNOWLEDGED ON 200 :
[
],
By:
Name:
Title:
Instructions:
1)
The clearing member shall execute
three copies of the account control agreement and provide all the originals to
NSCCL. NSCCL will execute all three originals and return all three originals to
the Clearing members. The clearing member shall be required to submit all the
three originals to the designated custodian.
2)
This agreement is to be stamped in
3)
All the blanks in the format apart
from NOTICE OF EXCLUSIVE CONTROL are required to be duly filled by the member
along with the signature of the authorised signatory
ANNEXURE 35
FORMAT OF CLEARING MEMBER- CONSTITUENT AGREEMENT FOR CLIENTS PROVIDING
FOREIGN SOVEREIGN SECURITIES AS COLLATERAL
This CLEARING MEMBER – CONSTITUENT (CUSTODIAL
PARTICIPANT) AGREEMENT (this “Agreement”) is made as of this ___________
day of ______, 2008, between ______________, a company/ partnership firm/
individual having its registered office/ office/ residence at
___________________ registered as a clearing member (hereinafter called the “Clearing
Member”, which expression shall unless repugnant to the context or meaning
thereof include its successors, legal representatives and permitted assigns)
with the National Securities Clearing Corporation Ltd. (hereinafter called “NSCCL”)
and __________________________, a company/ partnership firm/ individual having
its registered office/ office/ residence at ___________________ (hereinafter called the “Constituent”,
which expression shall unless repugnant to the context or meaning thereof
include its successors, legal representatives and permitted assigns).
Whereas
1. The Constituent is a(n) _______ and
desires to effect purchase or sale of securities in the Futures and Options
segment of the National Stock Exchange of India Ltd. (hereinafter called “NSEIL”)
through one or more trading members of
NSEIL and clear and settle such trades through Clearing Member who, in
turn, agrees to clear and settle the trades executed by the Constituent through
such trading member or members, subject to the provisions contained in the
Rules, Bye Laws and Regulations of NSCCL (Futures & Options Segment).
2. Clearing Member is a clearing member
of NSCCL and is, inter alia, authorised to carry on the activities of clearing
and settlement of trades that are executed on the Futures & Options Segment
of NSEIL by a trading member who has appointed the Clearing Member to clear and
settle its trades or on behalf of foreign institutional investors such as the
Constituent who have appointed the Clearing Member to clear and settle their
trades.
3. The Constituent has approached the
Clearing Member to undertake clearing & settlement of trades and to
discharge the Constituent’s duties and obligations towards NSCCL on its behalf
and the Clearing Member, in turn, has agreed to clear and settle the trades
made by the Constituent through a trading member or trading members subject to
the provisions contained in the Rules, Bye Laws and Regulations of NSCCL
(Futures & Options Segment) and the terms and conditions contained herein.
4. The parties to this agreement are
desirous of reducing the terms and conditions agreed, in writing, as contained
herein :
Now, therefore, this agreement witnesseth as FOLLOWS:
1. At the request of the Constituent
and in consideration of the Constituent agreeing to pay certain fees and
charges mentioned herein and abide by the terms and conditions contained in
this agreement, Rules, Bye-Laws and Regulations of NSCCL and NSEIL, the
Clearing Member hereby undertakes to clear and settle the trades of the
Constituent executed or made through one or more trading members on the Futures
& Options Segment of NSEIL, provided such trades shall be in accordance
with all rules and regulations applicable to trades on such Futures &
Options Segment, and to do all the acts, deeds and activities arising from
and/or incidental to the clearing and settlement of such trades.
2.
Rights of the Clearing Member
(1)
The
Clearing Member shall be entitled to demand/ receive from the Constituent such
deposits in such form as the Clearing Member may specify from time to time.
(2)
Without
prejudice to the generality of the above, the Constituent shall place with the
Clearing Member an amount of_____ as deposit which shall be maintained at any
point of time. Subject to the provisions
of the Circulars, Bye Laws, Rules, Regulations and other requirements of
NSCCL/NSEIL (as in effect from time to time, collectively, the “NSCCL/NSEIL
Rules”), in case of any shortfall in such deposit, the Clearing Member
shall be entitled to initiate any action necessary to protect its interests in
this regard against the Constituent.
(3)
The
Clearing Member shall be entitled to receive from the Constituent such fees,
charges, or commission, in respect of various services which it renders or
agrees to render to the Constituent, at such intervals as may be mutually
agreed upon.
(4)
The
Clearing Member shall specify, subject to the requirements prescribed by NSCCL
from time to time, the exposure margins up to which open positions can be taken
by the Constituent. Such limits may be increased or reduced by the Clearing
Member from time to time. The Clearing Member shall have the authority to
initiate any action necessary to protect its interests in this regard, which
may, inter alia, include restriction on further trading and closeout of open
positions of the Constituent.
(5)
The
Clearing Member shall be entitled to collect from the Constituent margin(s) of
such amounts and such kinds as the Clearing Member may deem necessary, which at
any point of time shall not be less than the amount stipulated by NSCCL from
time to time. The Clearing Member shall have authority to collect such
additional margin(s) as the Clearing Member may deem necessary or as per the
NSCCL/NSEIL Rules.
(6)
The
Clearing Member shall be entitled to receive from the Constituent such amounts
as may be required to be paid towards daily mark to market settlement of
futures contracts, final settlement of futures contracts, premium settlement of
option contracts, exercise settlement of option contracts or such other
settlement, as per the NSCCL/NSEIL Rules.
(7)
The
Clearing Member shall have authority to close out/ liquidate the open positions
of the Constituent in accordance with the NSCCL/NSEIL Rules, in the case of
non-payment of any amounts owed by the Constituent towards margins, additional
margins, daily mark to market settlement of futures contracts, final settlement
of futures contract, premium settlement of option contracts, exercise
settlement of option contracts or such other settlement, fees, commission and/
or charges, by making necessary requests to NSEIL/ NSCCL for initiating such
action. In such case, any loss arising
due to the closing out of open positions shall be payable by the Constituent
and may be recovered from the Constituent by the Clearing Member.
(8)
The
Clearing Member shall have the right to inspect the books of accounts, records,
documents and computerised data of the Constituent for which the Clearing
Member shall have free access to the premises occupied by the Constituent or by
any other person on his behalf.
3.
Obligations of the Clearing Member
(1)
Amounts
deposited by the Constituent pursuant to this Agreement shall be kept in one or
more custodial or margin accounts established in the name of the Clearing
Member for purposes of holding deposits and margin received from foreign
institutional investors such as the Constituent (hereinafter, a “Collateral
Account”), which Collateral Accounts shall be maintained separate and
distinct from the Clearing Member’s proprietary accounts; provided, however, that each Collateral Account shall
be subject to a first priority pledge, lien and security interest in favor of
NSCCL to secure any and all amounts owing by the Clearing Member to NSCCL from
time to time in respect of trades cleared and settled by the Clearing Member on
behalf of this Constituent and other Constituents , as per the NSCCL/NSEIL
Rules. The details of margins collected
for the trades executed by the Constituent shall be provided to NSCCL as per
the NSCCL/NSEIL Rules.
(2)
The
Clearing Member shall inform the Constituent about the exposure margins
(including any increase or reduction in such limits) up to which open positions
can be taken by the Constituent.
(3)
The
Clearing Member shall be liable to pay to the Constituent any amount becoming
due and receivable by the Constituent towards daily mark to market settlement
of futures contracts, final settlement of futures contracts, premium settlement
of option contracts, exercise settlement of option contracts and such other
settlement as per the NSCCL/NSEIL Rules.
(4)
The
Clearing Member shall be required to refund to the Constituent any excess
margin amounts held by the Clearing Member from time to time in accordance with
the NSCCL/NSEIL Rules, subject to any mutual agreement to the contrary.
(5)
The
Clearing Member may settle the accounts on a periodical basis, if mutually
agreed between the Clearing Member and the Constituent, which settlement shall
be in accordance with the NSCCL/NSEIL Rules.
(6)
In the event of default by the Clearing Member
or Clearing Member is declared a defaulter by NSEIL/NSCCL, any amount paid by
the Constituent pursuant to this Agreement and deposited with NSCCL shall remain
safe and shall not be utilised to meet the Clearing Member’s own liabilities
and/or the liabilities of other Constituents. In such cases, the Clearing
Member shall render all assistance to the Constituent for transfer of
Constituent’s positions to some other Clearing Member, if such event occurs.
(7)
In
the event of failure by the Clearing Member in the payment of any obligations
to the NSCCL as well as the Constituent, the Constituent shall, with the prior
approval of NSCCL, have the right to transfer its own open positions
immediately to another Clearing Member.
The Clearing Member shall be obliged to pay to the Constituent for any
costs incurred for transfer of the open positions, if such event occurs.
(8)
In
case the Clearing Member is declared a defaulter by NSEIL/ NSCCL, and the
Constituent transfers its open positions to some other Clearing Member, the
Clearing Member shall be obliged to pay for any costs incurred for transfer of
the open positions.
(9)
If
due to the default of the Clearing Member, the open positions of the
Constituent are closed-out and any loss is incurred due to such close-out, the
Clearing Member shall reimburse such loss to the Constituent except to the
extent the Clearing Member’s default is caused by the Constituent.
(10) The Clearing Member shall treat the
information pertaining to the Constituent as confidential. The Clearing Member
shall not disclose the same to any other person except to the governmental,
statutory, regulatory or legal authorities on a request made by these
authorities in writing.
(11) The Clearing Member shall be
required to provide reports/ statements of mark to market settlement of futures
contracts, final settlement of futures contracts, premium settlement of options
contracts, exercise settlement of option contracts or such other settlement,
margin amounts and open positions to the Constituent, for such period as may be
mutually agreed.
4. Rights of the Constituent
(1)
The
Constituent shall be entitled to have all the trades executed by it through any
trading member or members on the Futures & Options Segment of NSEIL cleared
and settled through the Clearing Member; provided such trades shall have been
made in accordance with all rules and regulations applicable to trades on such
Futures & Options Segment and Constituent is otherwise in compliance with
all of its obligations under this Agreement.
(2)
The
Constituent shall be entitled to receive notice from time to time from the
Clearing Member about the exposure margins (including any increase or reduction
in such limits) up to which open positions can be taken by the Constituent.
(3)
The
Constituent shall be entitled to receive reports/ statements of mark to market
settlement of futures contracts, final settlement of futures contracts, premium
settlement of option contracts, exercise settlement of option contracts or such
other settlement, margin amounts and open positions from the Clearing Member,
for such period as may be mutually agreed.
(4)
The
Constituent shall be entitled to receive from the Clearing Member such amounts
towards daily mark to market settlement of futures contracts, final settlement
of futures contracts, premium settlement of option contracts, exercise
settlement of option contracts and such other settlement, on a net basis, as
per the NSCCL/NSEIL Rules.
(5)
In
the event of the Clearing Member being declared in default by NSCCL, the
Constituent, except to the extent the Clearing Member’s default is caused by
the Constituent, shall be entitled to transfer its open positions to some other
clearing member and recover any costs incurred for such transfers from the
Clearing Member.
(6)
In
the event of failure by the Clearing Member in the payment of any of its
obligations to NSCCL as well as the Constituent, the Constituent shall, with
the prior approval of NSCCL have the right to transfer its own open positions
immediately to another clearing member.
The Constituent shall also have the right to recover from Clearing
Member any costs incurred for transfer of the open positions.
(7)
In
case the open positions of the Constituent are closed-out due to the default of
the Clearing Member, the Constituent, except to the extent the Clearing
Member’s default is caused by the Constituent, shall be entitled to recover
such loss from the Clearing Member.
5. Obligations of the Constituent
(1)
The
Constituent shall pay to the Clearing Member such deposits in such form as the
Clearing Member may specify from time to time.
(2)
The
Constituent shall place with the Clearing Member an amount as deposit in
accordance with Section 2(2) above.
(3)
The
Constituent shall pay to the Clearing Member such fees, charges, or commission
in respect of various services which it renders or agrees to render to the
Constituent at such intervals as may be mutually agreed upon by them.
(4)
The
Constituent shall pay to the Clearing Member margins of such amounts as may be
prescribed by NSCCL from time to time including additional margins, if any or
such higher amount of margins as may be mutually agreed with the Clearing
Member. The margins shall be deposited by the Constituent within such time and
in such form as may be specified by the Clearing Member.
(5)
The
Constituent shall be liable to pay to the Clearing Member such amounts towards
daily mark to market settlement of futures contracts, final settlement of
futures contracts, premium settlement of option contracts, exercise settlement
of option contracts and such other settlement,
as per the NSCCL/NSEIL Rules.
(6)
The
accounts shall be settled on a periodical basis as may be mutually agreed
between the Clearing Member and the Constituent.
(7)
The
Constituent shall be obliged to reimburse to the Clearing Member any loss
caused due to the closing out / liquidation of the Constituent’s open positions
initiated by the Clearing Member, on account of non-payment of any obligations
owing by the Constituent towards margins, additional margins, daily mark to
market settlement of futures contracts, final settlement of futures contracts,
premium settlement of option contracts, exercise settlement of option contracts
or such other settlement, fees, charges, commission, penalties and expenses,
and any other amounts, as per the requirement of NSCCL.
(8)
The
Constituent shall do all such acts, deeds and activities that are necessary for
the purpose of strict compliance with the Rules, Bye Laws & Regulations of
NSEIL/ NSCCL by the Clearing Member, and the Constituent hereby represents and
warrants to the Clearing Member that it is fully aware of, and shall remain at
all times fully aware of, the requirements for such strict compliance.
(9)
If
due to the default of the Constituent, the open position of the Constituent is
closed-out and any loss is incurred due to such closeout, the Constituent shall
be liable to reimburse such loss to the Clearing Member.
6. Termination of the Agreement
The agreement entered
into between the Clearing Member and the Constituent may be terminated by
either party by giving at least one month written notice to the other party or
as may be mutually consented. Such cancellation or termination shall not have
any effect on transactions executed before the time and date of termination and
the parties shall enjoy the same rights and shall have same obligations in
respect of such executed transactions.
7.
Notice
Any
communication between the Clearing Member and the Constituent shall be made in
any one or more of the following ways:
(a) An electronic mail or fax
(b) Delivering it by post
(c) Sending it by registered post
(d) Sending it under certificate of
posting
(e) Sending it by express delivery
post / courier services.
(f) Sending it by telegram
(g) Affixing it on the door at the
last known business or residential address
(h) Advertising it at least once in
any prominent daily newspaper having circulation in the area where the party’s
principal place of business or operations is situate.
8. Force Majeure
No
liability shall result to either party for delay in performance or
non-performance of the obligations under the agreement caused and/or
contributed to by any event of force majeure. For purposes of this Clause,
"Force Majeure" means and includes wars, insurrections, revolution,
fires, floods, epidemic, quarantine restrictions, declared general strikes in
relevant industries, act of God, act of governmental, statutory, regulatory or
legal authority and such other acts or events beyond the control of the
non-performing party.
9. No assignment
Neither party shall be
entitled to assign or otherwise transfer this agreement or any benefits,
rights, obligations or interests herein whether in whole or in part to any
other agency without the prior written consent of the other.
10.
Non-waiver
No forbearance, delay or
indulgence by either party in enforcing the provisions of this Agreement shall
prejudice or restrict the rights of that party nor shall any waiver of its
rights operate as a waiver of any subsequent breach and no rights, powers,
remedies herein conferred upon or reserved for either party is exclusive of any
other right, power or remedy available to that party and each right, power or
remedy shall be cumulative.
11. Arbitration
(3) All disputes, differences or questions
arising out of or in relation to the agreement including the interpretation of
the terms contained herein with regard to the obligations, failure or breach
thereof by any of the parties and/or of any matter whatsoever arising out of
the Agreement, shall in the first instance be resolved mutually by the parties.
(4) If the parties fail to resolve the
same mutually, then the same shall be referred to the arbitration in accordance
with the Rules, ByeLaws and Regulations of NSCCL.
12. Governing Law; Jurisdiction
This Agreement shall be governed by and
construed in accordance with the laws of India as shall be in effect from time
to time, including, without limitation, any bye-laws, rules, regulations,
circulars and instructions of NSEIL and NSCCL
or any rules, regulations, circulars and instructions of the Government
of India or any branch, agency or subdivision thereof, the Securities and
Exchange Board of India and the Reserve Bank of India. This agreement shall be subject to the
exclusive jurisdiction of the courts in
[Remainder of Page Intentionally Left Blank; Signature
Page Follows]
IN WITNESS THEREOF, the parties to this
agreement have caused these presents to be executed as of the day and year
first above written.
Signed for and on behalf of
CLEARING MEMBER :
By :
Signature :
Title :
Witness :
Signed for and on behalf of
CONSTITUENT :
By :
Signature :
Title :
Witness :
ANNEXURE 36
FORMAT OF LETTER TO BE PROVIDED BY
CLEARING MEMBER FOR RELEASE OF FOREIGN SOVEREIGN SECURITIES
(To be typed
on clearing members letter head)
Date :
To
National Securities
Clearing Corporation Ltd.
Exchange Plaza,
Bandra Kurla Complex,
Bandra (E),
Mumbai - 400 051.
Dear Sir/Madam,
Re: Release of
foreign sovereign securities
You are requested to release the
following foreign sovereign securities submitted towards margin deposit in the
F&O segment
|
Account No |
CUSIP |
Description |
Quantity to be released |
|
|
|
|
|
Thanking you,
Yours faithfully,
Authorised Signatory
ANNEXURE 37
FILE FORMAT FOR
REQUESTING COLLATERAL RELEASES
File name: F_RRQ_DDMMYYYY_NN.csv
Where F is Segment indicator
RRQ is Release request
DDMMYYYY is the request
date which should be current date
NN is sequential file
batch number
The file should be CSV file with the following columns
|
Segment Indicator |
F |
|
Member Code |
CMID |
|
Type of Collateral |
BC /ABC |
|
Instrument Type |
CSH/BGN/FDP/SDP/NMF/CMF |
|
Instrument Id |
Applicable only for BGN/FDP |
|
Custodian code |
To be provided only in case of SDP/CMF/NMF |
|
Security symbol |
To be provided only in case of SDP/CMF/NMF |
|
Requested Quantity |
To be provided only in case of SDP/CMF/NMF |
|
Requested amount |
To be provided only in case of BGN/FDP/CSH in
Rs .In case of SDP/CMF/NMF it should be typed as NA. |
Notes:
e.g., the instrument id for NSCCL.Ref no.
6004.000000 is 6004
ANNEXURE 38
SPAN MARGIN COMPUTATION METHODOLOGY
Initial margin computation
methodology
The initial margin would be calculated by the NSCCL system (PRISM) using
SPAN®* which is portfolio based risk
management system.
Basic objective of SPAN system
The objective of SPAN is to identify overall risk in a portfolio of
futures and options contracts for each member. The system treats futures and
options contracts uniformly, while at the same time recognizing the unique
exposures associated with options portfolios like extremely deep
out-of-the-money short positions, inter-month risk and inter-commodity risk.
Because SPAN is used to determine performance bond requirements (margin
requirements), its overriding objective is to determine the largest loss that a
portfolio might reasonably be expected to suffer from one day to the next day.
In standard pricing models, three factors most directly affect the value
of an option at a given point in time:
As these factors change so too will the value of futures and options
maintained within a portfolio. SPAN constructs scenarios of probable changes in
underlying prices and volatilities in order to identify the largest loss a
portfolio might suffer from one day to the next. It then sets the margin
requirement at a level sufficient to cover this one-day loss.
![]()
Mechanics of SPAN
The complex calculations (e.g. the pricing of options) in SPAN are
executed by the Clearing Corporation. The results of these calculations are
called Risk arrays. Risk arrays, and
other necessary data inputs for margin calculation are then provided to members
in a file called the SPAN Risk Parameter
file. This file will be provided to members on a daily basis.
Members can apply the data contained in the Risk parameter files, to
their specific portfolios of futures and options contracts, to determine their
SPAN margin requirements.
Hence members need not execute complex option pricing calculations,
which would be performed by NSCCL. SPAN has the ability to estimate risk for
combined futures and options portfolios, and re-value the same under various
scenarios of changing market conditions.
Risk Arrays
The SPAN risk array represents how a specific derivative instrument (for
example, an option on NIFTY
index at a specific strike price)
will gain or lose value, from the current point in time to a specific point in
time in the near future (typically it calculates risk over a one day period
called the ‘look ahead time’), for a specific set of market conditions which
may occur over this time duration.
The specific set of market conditions evaluated, are called the risk scenarios, and these are defined
in terms of :
(a) how much the price of the underlying
instrument is expected to change over one trading day, and
(b) how much the volatility of that
underlying price is expected to change over one trading day.
The results of the calculation for each risk scenario – i.e. the amount
by which the futures and options contracts will gain or lose value over the
look-ahead time under that risk scenario - is called the risk array value for that scenario. The set of risk array values
for each futures and options contract under the full set of risk scenarios,
constitutes the Risk Array for that
contract.
In the Risk Array, losses are represented as positive values, and gains
as negative values. Risk array values are typically represented in the currency (Indian Rupees) in which the
futures or options contract is denominated.
SPAN further uses a standardized definition of the risk scenarios,
defined in terms of
(i)
the
underlying ‘price scan range’ or
probable price change over a one day period,
(ii)
and
the underlying price ‘volatility scan
range’ or probable volatility change of the underlying over a one day
period.
These two values are often simply referred to as the ‘price scan range’ and the ‘volatility scan range’. There are sixteen risk scenarios in the standard
definition. These scenarios are listed as under:
1. Underlying unchanged; volatility up
2. Underlying unchanged; volatility
down
3. Underlying up by 1/3 of price
scanning range; volatility up
4. Underlying up by 1/3 of price
scanning range; volatility down
5. Underlying down by 1/3 of price
scanning range; volatility up
6. Underlying down by 1/3 of price
scanning range; volatility down
7. Underlying up by 2/3 of price
scanning range; volatility up
8. Underlying up by 2/3 of price
scanning range; volatility down
9. Underlying down by 2/3 of price
scanning range; volatility up
10. Underlying down by 2/3 of price
scanning range; volatility down
11. Underlying up by 3/3 of price
scanning range; volatility up
12. Underlying up by 3/3 of price
scanning range; volatility down
13. Underlying down by 3/3 of price
scanning range; volatility up
14. Underlying down by 3/3 of price
scanning range; volatility down
15. Underlying up extreme move, double
the price scanning range (cover 35% of loss)
16. Underlying down extreme move, double
the price scanning range (cover 35% of loss)
SPAN uses the risk arrays to scan probable underlying market price
changes and probable volatility changes for all contracts in a portfolio, in
order to determine value gains and losses at the portfolio level. This is the
single most important calculation executed by the system.
As shown above in the sixteen standard risk scenarios, SPAN starts at
the last underlying market settlement price and scans up and down three even intervals
of price changes (‘price scan range’).
At each ‘price scan point’, the program also scans up and down a range
of probable volatility from the underlying market's current volatility
(‘volatility scan range’). SPAN calculates the probable premium value at each
price scan point for volatility up and volatility down scenario. It then
compares this probable premium value to the theoretical premium value (based on
last closing value of the underlying) to determine profit or loss.
Deep-out-of-the-money short options positions pose a special risk
identification problem. As they move towards expiration, they may not be
significantly exposed to "normal" price moves in the underlying.
However, unusually large underlying price changes may cause these options to
move into-the-money, thus creating large losses to the holders of short option
positions. In order to account for this possibility, two of the standard risk
scenarios in the Risk Array (sr. no. 15 and 16) reflect an "extreme"
underlying price movement, currently defined as double the maximum price scan
range for a given underlying. However, because price changes of these
magnitudes are rare, the system only covers 35% of the resulting losses.
After SPAN has scanned the 16 different scenarios of underlying market
price and volatility changes, it selects the largest loss from among these 16
observations. This "largest reasonable loss" is the ‘Scanning Risk
Charge’ for the portfolio - in other words, for all futures and options
contracts.
![]()
Composite Delta
SPAN uses delta information to form spreads between futures and options
contracts. Delta values measure the manner in which a future's or option's
value will change in relation to changes in the value of the underlying
instrument. Futures deltas are always 1.0; options deltas range from -1.0 to
+1.0. Moreover, options deltas are dynamic: a change in value of the underlying
instrument will affect not only the option's price, but also its delta.
In the interest of simplicity, SPAN employs only one delta value per
contract, called the "Composite Delta." It is the weighted average of
the deltas associated with each underlying ‘price scan point’. The weights
associated with each ‘price scan point’ are based upon the probability of the
associated price movement, with more likely price changes receiving higher
weights and less likely price changes receiving lower weights. Please note that Composite Delta for an
options contract is an estimate of the contract's delta after the lookahead -
in other words, after one trading day has passed.
![]()
Calendar Spread or Intra-commodity or Inter-month Risk Charge
As SPAN scans futures prices within a single underlying instrument, it
assumes that price moves correlate perfectly across contract months. Since
price moves across contract months do not generally exhibit perfect
correlation, SPAN adds an Calendar Spread Charge (also called the Inter-month
Spread Charge) to the Scanning Risk Charge associated with each futures and
options contract. To put it in a different way, the Calendar Spread Charge
covers the calendar (inter-month etc.) basis risk that may exist for portfolios
containing futures and options with different expirations.
For each futures and options contract, SPAN identifies the delta
associated each futures and option position, for a contract month. It then
forms spreads using these deltas across contract months. For each spread
formed, SPAN assesses a specific charge per spread which constitutes the
Calendar Spread Charge.
The margin for calendar spread shall be calculated on the basis of delta
of the portfolio in each month. Thus a portfolio consisting of a near month
option with a delta of 100 and a far month option with a delta of –100 would
bear a spread charge equivalent to the calendar spread charge for a portfolio
which is long 100 near month futures contract and short 100 far month futures
contract.
![]()
Short Option Minimum Charge
Short options positions in extremely deep-out-of-the-money strikes may
appear to have little or no risk across the entire scanning range. However, in
the event that underlying market conditions change sufficiently, these options
may move into-the-money, thereby generating large losses for the short
positions in these options. To cover the risks associated with
deep-out-of-the-money short options positions, SPAN assesses a minimum margin
for each short option position in the portfolio called the Short Option Minimum
charge, which is set by the NSCCL. The Short Option Minimum charge serves as a
minimum charge towards margin requirements for each short position in an option
contract.
For example, suppose that the Short Option Minimum charge is Rs. 50 per
short position. A portfolio containing 20 short options will have a margin
requirement of at least Rs. 1,000, even if the scanning risk charge plus the
inter month spread charge on the position is only Rs. 500.
Net Buy Premium (only
for option contracts)
In the above scenario only sell positions are
margined and offsetting benefits for buy positions are given to the extent of
long positions in the portfolio by computing the net option value.
To cover the one day risk on long option
positions (for which premium shall be payable on T+1 day), net buy premium to
the extent of the net long options position value is deducted from the Liquid Networth
of the member on a real time basis. This would be applicable only for trades
done on a given day. The Net Buy Premium margin shall be released towards the
Liquid Networth of the member on T+1 day after the completion of pay-in towards
premium settlement.
![]()
Computation of Initial Margin -
Overall Portfolio Margin Requirement
The total margin requirements for a member for a portfolio of futures
and options contract would be computed as follows:
(i)
SPAN
will add up the Scanning Risk Charges and the Intracommodity Spread Charges.
(ii)
SPAN
will compares this figure (as per i above) to the Short Option Minimum charge
(iii)
It
will select the larger of the two values between (i) and (ii)
(iv)
Total
SPAN Margin requirement is equal to SPAN Risk Requirement (as per iii above),
less the ‘net option value’, which is mark to market value of difference in
long option positions and short option positions.
(v)
Initial
Margin requirement = Total SPAN Margin Requirement + Net Buy Premium
![]()
SPAN® is a registered trademark of the
Chicago Mercantile Exchange, used herein under License. The Chicago Mercantile Exchange assumes no
liability in connection with the use of SPAN by any person or entity.
ANNEXURE 39
FORMAT OF APPLICATION
FROM FII/SUB-ACCOUNT OF FII/ MUTUALFUND / SCHEME OF MUTUAL FUNDS
( to be given by the
FII/Sub-account FII/MF/Scheme of MF on the letter head)
Date:
National Securities
Clearing Corporation Limited
Exchange Plaza,
Bandra Kurla Complex,
Bandra (East), Mumbai
400 051.
Dear Sirs,
Sub: Appointment of M/s.
(Name of the Clearing member) as Clearing Member in Future & Option
Segment.
We wish to inform you
that we have appointed M/s. (Name of Clearing Member) as clearing member for
clearing and settlement of trades done in National Stock Exchange – Futures
& Option segment on behalf of us.
In view of this we
request you to allot the CP code for F&O segment.
Details of our
constituent are as follows:
|
FII/MF Name |
|
|
Sub Account/ Scheme
Name (if applicable) |
|
|
CP code (as provided
for in Cash Market Segment) |
|
|
SEBI Registration No.
of FII/MF |
|
|
SEBI Sub Account Code
(if applicable) |
|
|
Registered Office of
FII /MF |
|
|
Registered Office of
Sub Account Name: (if applicable) |
|
|
Name of the contact
person & designation |
|
|
Telephone No. |
|
|
Fax No. |
|
|
Email ID of the
contact person |
|
Thanking you,
Yours faithfully
Authorised Signatories:
Encl:
ANNEXURE 40
FORMAT OF LETTER FROM
CLEARING MEMBER FOR APPLICATION OF CUSTODIAL PARTICIPANT CODE
(to be given by the
clearing member on the letter head)
Date:
National Securities
Clearing Corporation Limited
Exchange Plaza,
Bandra Kurla Complex,
Bandra (East), Mumbai
400 051
Dear Sirs,
Sub: Appointment as
Clearing Member for M/s. (Name of FII/ Sub-account/ MF/ scheme of MF)
We wish to inform you
that we have been appointed as Clearing Member for M/s (Name of FII/
Sub-account/ MF/ scheme of MF) in Futures & Options segment of National
Securities Clearing Corporation Limited.
In view of this we
request you to allot the CP code in F&O segment.
Details of our
constituent are as follows:
|
FII /MF Name |
|
|
Sub Account/Scheme
Name (if applicable) |
|
|
CP code (as provided
for in Cash Market Segment) |
|
|
SEBI Registration No.
of FII/MF |
|
|
SEBI Sub Account
Code (If applicable) |
|
|
Registered Office of
FII /MF |
|
|
Registered Office of
Sub Account Name: (If applicable) |
|
|
Name of the contact
person & designation |
|
|
Telephone No. |
|
|
Fax No. |
|
|
Email ID of the
contact person |
|
We would undertake
clearing and settlement of Future & Option trades for the above mentioned
constituent in F&O segment and therefore request you to allot CP code for F&O segment.
Thanking you,
Yours Sincerely
Authorised Signatories
CM Name :
CM Code :
Name:
Designation:
Encl:
1.
Letter
from FII/Sub-account/MF/Scheme of MF confirming our appointment.
2.
No
Objection Confirmation from clients local custodian
ANNEXURE 41
FORMAT OF NO OBJECTION
FROM THE CUSTODIAN
( to be given by the
custodian on the letter head)
Date:
National Securities
Clearing Corporation Limited
Exchange Plaza,
Bandra Kurla Complex,
Bandra (East), Mumbai
400 051
Dear Sirs,
Sub: No objection for CP Code …………… (Name of the Client)
We refer to a request
received from our client to provide a No Objection for the appointment of M/s.
………… (Name of clearing member) as the clearing member for clearing and
settlement of its Future & option trades
We confirm, under the
present market structure for dealing and settlement in derivatives, we do not have any objection to the appointment
of M/s ……… (Name of clearing member) for clearing and settlement of its F&O
trades for the following client
|
FII/MF Name |
|
|
Sub Account/Scheme
Name (If applicable) |
|
|
CP code (as provided
for in Cash Market Segment) |
|
|
SEBI Registration No.
of FII/MF |
|
|
SEBI Sub Account Code
(If applicable) |
|
|
Registered Office of
FII /MF |
|
|
Registered Office of
Sub Account Name: (If applicable) |
|
|
Name of the contact
person & designation |
|
|
Telephone No. |
|
|
Fax No. |
|
|
Email ID of the
contact person |
|
Thanking you,
Yours Sincerely
Authorised Signatories
ANNEXURE 42
FORMAT OF NO OBJECTION
FROM THE OLD CLEARING MEMBER IN CASE OF CHANGE OF CLEARING MEMBER
( to be given by the
old clearing member on the letter head)
Date:
National Securities
Clearing Corporation Limited
Exchange Plaza,
Bandra Kurla Complex,
Bandra (East), Mumbai
400 051
Dear Sirs,
Sub: No objection for shifting of Custodial Participant Code
We wish to inform you
that our client M/s………………….. intends to shift the clearing account for
M/s………………….from our selves to M/s………………………. in the Futures & Options
segment of National Securities Clearing Corporation Limited.
We have no objection
towards M/s………………appointing M/s………………………. as their Clearing Member in the
Futures & Options Segment.
|
FII/MF Name |
|
|
Sub Account/Scheme
Name (If applicable) |
|
|
CP code |
|
|
SEBI Registration No.
of FII/MF |
|
|
SEBI Sub Account Code
(If applicable) |
|
|
Registered Office of
FII /MF |
|
|
Registered Office of
Sub Account Name: (If applicable) |
|
|
Name of the contact
person & designation |
|
|
Telephone No. |
|
|
Fax No. |
|
|
Email ID of the
contact person |
|
Thanking you,
Yours Sincerely
Authorised Signatories
ANNEXURE 43
FORMAT FOR APPLICATION
OF SHIFTING OF CP CODE FROM THE NEW CLEARING MEMBER
( to be given by the
new clearing member on the letter head)
Date:
National Securities
Clearing Corporation Limited
Exchange Plaza,
Bandra Kurla Complex,
Bandra (East), Mumbai
400 051.
Dear Sirs,
Sub: Appointment as
Clearing Member for M/s. (Name of FII/Sub-account/MF/scheme of MF)
We wish to inform you
that we have been appointed as Clearing Member for M/s Name of
FII/Sub-account/MF/scheme of MF) in Futures & Options segment of National
Securities Clearing Corporation Limited.
In view of this we
request you to transfer the open positions of the below mentioned constituent
to us.
Details of the
constituent are as follows:
|
FII/MF Name |
|
|
Sub Account/Scheme
Name (If applicable) |
|
|
CP code |
|
|
SEBI Registration No.
of FII/MF |
|
|
SEBI Sub Account Code
(If applicable) |
|
|
Registered Office of
FII /MF |
|
|
Registered Office of
Sub Account Name: (If applicable) |
|
|
Name of the contact
person & designation |
|
|
Telephone No. |
|
|
Fax No. |
|
|
Email ID of the
contact person |
|
We would undertake clearing and settlement of
Future & Option trades for the above mentioned constituent and therefore
request you to transfer / shift custodial participant code for
F&O segment. We also confirm all trades and positions from the date of
transfer will be cleared and settled by us.
Thanking you,
Yours Sincerely
Authorised Signatories
CM Name :
CM Code :
Name:
Designation:
Encl:
1.
Letter
from M/s. (Name of FII/Sub-account/MF/scheme of MF) confirming our appointment.
2.
No
Objection Confirmation from clients local custodian
ANNEXURE 44
FORMAT FOR APPLICATION
OF SHIFTING OF CP CODE BY THE FII/SUB-ACCOUNT/MF/SCHEME OF MF
(to be given by the
FII/sub-account/MF/scheme of MF on the letter head)
Date:
National Securities
Clearing Corporation Limited
Exchange Plaza,
Bandra Kurla Complex,
Bandra (East), Mumbai
400 051
Dear Sirs,
Sub: Appointment of M/s.
(Name of the Clearing member) as Clearing Member in Future & Option
Segment.
We wish to inform you
that we have appointed M/s. (Name of Clearing Member) as Clearing Member for
clearing and settlement of trades done in National Stock Exchange – Futures
& Option segment on behalf of us.
In view of this we
request you to transfer our open positions from our present clearing member
M/s. (Name of old CM) to M/s. (Name of new CM). Our present Clearing member has
given the NOC letter to us to transfer all our open positions to our new
Clearing Member M/s (Name of new CM)
Details of our
organisation are as follows:
|
FII/MF Name |
|
|
Sub Account/Scheme
Name (If applicable) |
|
|
CP code |
|
|
SEBI Registration No.
of FII/MF |
|
|
SEBI Sub Account Code
(If applicable) |
|
|
Registered Office of
FII /MF |
|
|
Registered Office of
Sub Account Name: (If applicable) |
|
|
Name of the contact
person & designation |
|
|
Telephone No. |
|
|
Fax No. |
|
|
Email ID of the
contact person |
|
Thanking you,
Yours faithfully
Authorised Signatories:
Encl:
ANNEXURE 45
FORMAT OF NRI CLIENT
CODE APPLICATION TO BE SUBMITTED BY NRI TO THE CLEARING MEMBER
Date
To,
Address of the Clearing Member
Sub: Application for
the allotment of NRI code.
I wish to appoint you as my Clearing Member for clearing and settlement
of trades done on the futures and options segment of NSE. My details are as
follows:
Name (as appear in Passport) :
Passport no :
NRE/NRO Bank A/c No :
Telephone NO :
Email ID :
Current Address :
Permanent Address in
We request you to kindly get an NRI client code allotted by NSE/NSCCL
for the same.
I undertake that all the trades executed through the above allotted NRI
Client code will be on my* behalf.
(*If the NRI Client code application is for an HUF then the details of
the Karta (Manager) has to be given in the application and in the undertaking
should be provided as follows: “I undertake that all the trades executed
through the above allotted code will be on behalf of HUF”)
Yours sincerely,
Name & Signature
ANNEXURE 46
FORMAT OF APPLICATION
FOR ALLOTMENT OF CUSTODIAN PARTICIPANT CODE FOR THE NRI CLIENTS
(to be given by the
clearing member on the letter head)
National Securities Clearing Corporation Limited
Futures & Options Segment
4th Floor,
Bandra
(East),Mumbai - 400 051.
CM
Code: ____________
CM Name: ____________________
Dear Sir,
Sub: Application for allotment of Custodial Participant code for the NRI
Client
Please allot a Custodial Participant Code in the Future &
options segment. The details are specified as under:
|
NRI Client Name# |
Full Name (As given in the Passport) ____________ |
|
Complete address where currently residing |
|
|
Complete address in India |
|
|
Contact Telephone Numbers in |
|
|
E-mail |
|
|
Passport No * |
|
|
Date of Issue |
DD/MM/YYYY |
|
Place of Issue |
CITY: __________ |
|
Valid up-to |
DD/MM/YYYY |
|
Details of NRE/NRO Bank account numbers along with the proof of the
account |
|
|
PAN Number |
|
# If the NRI is an HUF, the application has to
be made along with the passport of the Manager (Karta) of the HUF.
* :
(1) It is Compulsory to enclose a Copy of
Passport duly verified with original by Clearing Member/Attested by Notary
public/Notarized at the country of residence of NRI.
(2) In case the NRI client gets another
passport issued subsequent to the allotment of the CP Code based on his
previous passport, he should not use the same to get another CP Code issued.
The Information furnished above is true to the best of my/our knowledge
and belief and I/we undertake to inform you of any changes therein immediately
in writing.
I undertake that I shall settle all the trades done by the above client
in the Futures and Options segment of the exchange with effect from_________
and comply with such requirements as stipulated by the Exchange/Clearing
Corporation from time to time including those on position limits etc.
Thanking You,
Yours faithfully,
For_____________________
_____________(Name)
______________(Designation)
Dated:
Encl:
ANNEXURE 47
FORMAT OF NO OBJECTION
CERTIFICATE (NOC) TO BE SUBMITTED BY EXISTING CLEARING MEMBER IN CASE OF CHANGE
IN CLEARING MEMBER BY THE NRI CLIENT
(to be given by the
clearing member on the letter head)
Date:
To,
National Securities Clearing Corporation Limited
Futures & Options Segment
4th Floor,
Bandra
Kurla Complex,
Bandra
(East), Mumbai - 400 051.
CM Code:____________
CM Name: ____________________
Dear Sir,
Sub: NOC for change of Clearing
Member by NRI client
Our NRI client …………………. to whom CP code …………… has been allotted, vide
letter no… dated…… has requested for termination of affiliation with us as
their Clearing Member with effect from……... We wish to inform you that the
client ………….. may clear their derivatives trades through any other Clearing
Member and we have no objection for the same. Copy of the letter from the NRI
client is enclosed.
Thanking You,
Yours faithfully,
For_____________________
_____________(Name)
______________(Designation)
Encl: as above
ANNEXURE 48
FORMAT OF APPLICATION OF CLOSE OUT FACILITY BY CLEARING MEMBER
Date:
Manager
Risk Management Group
National Securities
Clearing Corporation Limited
Exchange Plaza,
Bandra Kurla Complex,
Bandra (East), Mumbai
400 051
Dear Sir,
Sub: List of trading members to be made eligible for close-out
This is with reference to your circular no.
NSE/CMPT/9043 dated June 18,2007, you are requested to set the close-out
eligibility status of the following trading member clearing through us, as
under:
|
Sr. No. |
Trading Member Code |
Trading Member Name |
Close-out
eligibility status ( Yes/ No) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Thanking you,
Yours sincerely
Authorised Signatories
CM Name :
CM Code :
Name:
Designation: