Indian Economic Service calls on President Murmu (See 'Corp Brief') Companies Act - ROC's decision of rejecting application for conversion is not contrary to legislative intent of Section 18 : HC (See 'Legal Desk') PMLA - If criminal case against person is quashed then there can be no offence of money laundering against him : HC (See 'Legal Desk') SEBI Act - Violation of various SEBI circulars by noticee stands established for which penalty can be imposed : SEBI (See 'Legal Desk') Ambuja Cements signs agreement to acquire 1.5 MTPA Grinding Unit at Tuticorin (See 'Corp Brief') PMLA - Any person aggrieved by order, even if person is not party to order, can file appeal u/s 26 of PMLA, 2002 before Appellate Tribunal : HC (See 'Legal Desk') Copyright Act - Trustee only owe fiduciary duty to beneficiary with regards to trust property and Registrar of Copyright to rectify Register in that registration shall be in name of Trust : HC (See 'Legal Desk') SEBI Act - Though broker has failed to be vigilant in securities market by allowing and facilitating non-genuine transactions but has not personally gained from transactions : SAT (See 'Legal Desk') IREDA celebrates legacy: Past leaders share Vision for Future (See 'Corp Brief') SARFAESI Act - Confirmed auction sale can be interfered by High Court by entertaining writ petition only when there is fraud/collusion and present case is not case of fraud or collusion : SC (See 'Legal Desk') Limitation Act - Benefit of section 4 to section 24 (both inclusive) of Limitation Act is available to causes raised u/s 17(1) before DRT under SARFAESI Act : HC (See 'Legal Desk') SEBI Act - When shares remained frozen inspite of order of Tribunal for defreezing beacause of lackadaisical approach of SEBI then interest of investors is suffered : SAT (See 'Legal Desk') SEBI Act - As section 15A(a) provides for specific provisions covering violations made by noticee then SEBI shall not apply generic provision of sec 15HB : SEBI (See 'Legal Desk') KABIL and CSIR-IMMT sign MoU for Technical and Knowledge cooperation for Critical Minerals (See 'Corp Brief') Arbitration Act - Once order u/s 9 is passed, notice of invocation of arbitration has to be given within Ninety-days’ time, which has not been done in present case : HC (See 'Legal Desk') Hindustan Shipyard: Steel-cutting ceremony of first fleet support ship of Navy held (See 'Corp Brief') Arbitration Act - Requirement of deposit u/s 19 of MSMED Act is mandatory : HC (See 'Legal Desk') Patents Act - Mere recitations of unit numbers of components in claim 1 cannot render it ineligible for patent protection u/s 3(i) of Act : HC (See 'Legal Desk') National Maritime Day: Sagar Samman Awards presented (See 'Corp Brief') SARFAESI Act - Issue of precise amount liable for adjustment is disputed fact between parties and cannot be adjudicated in proceedings : HC (See 'Legal Desk') NI Act - Petitioner is not proprietor of accused company, therefore, cannot be held liable for day-to-day business of company and cannot be subjected to face trial in complaint : HC (See 'Legal Desk') SEBI Act - Matter can be remanded to pass speaking order when application filed for waiver of interest in recovery proceedings is rejected without assigning any reason : SAT (See 'Legal Desk') NTPC launches new edition of Girl Empowerment Mission (See 'Corp Brief') IBC - Sec 14 of IBC does not create bar for finalisation of assessment and adjudication proceedings in respect of taxes : HC (See 'Legal Desk') Competition Act - Informants failed to demonstrate case in their favour for grant of interim relief for complete restraint on Google from collection of fee : CCI (See 'Legal Desk') Arbitration - Court cannot enter into reassessment of detailed evidences already considered by Arbitral Tribunal : HC (See 'Legal Desk') SEBI Act - Since information relating to de-merger is already in public domain therefore, trading done by appellants cannot be considered as trading while in possession of UPSI : SAT (See 'Legal Desk') Suvidha Portal promotes transparency in election management: Govt (See 'Corp Brief') Companies Act - Since liquidation proceedings warrant to be brought to end therefore M/s Lumax Auto Pvt. Ltd., can be ordered to be dissolved : HC (See 'Legal Desk') RECPDCL hands over SPVs for Inter-State Power Transmission project in Osmanabad (See 'Corp Brief') SEBI Act - SBPL is engaged in illegal money mobilisation activity even after submission of undertaking to SEBI that it had stopped such activities : SEBI (See 'Legal Desk') Mandaviya reviews Public Health Preparedness for management of Heat Related Illnesses (See 'Corp Brief') Arbitration - Plaintiff companies have failed to make out prima facie case for purpose of grant of ad-interim injunction and balance of convenience is also not in favour of plaintiff companies : HC (See 'Legal Desk') Mining Sector sees Record Production in FY24 (See 'Corp Brief') Cr.P.C. - It is not always possible to have direct evidence for conspiracy and same have to be inferred from circumstantial evidence : HC (See 'Legal Desk') CCI okays acquisition of CCPS in Northern Arc Capital by International Finance Corporation (See 'Corp Brief') Negotiable Instruments Act - Dishonour of cheques is not on account of insufficiency of funds or exceeding arrangement but because payment of cheques are stopped by drawer : HC (See 'Legal Desk')

SEBI writes to NSE over possible undue favour to some brokers

Published: Sep 22, 2016

By TIOLCORP News Service

NEW DELHI, SEPT 22, 2016: THE market regulator has asked the National Stock Exchange to investigate the possible collusion of its officials with brokers that may have led to breaches of fair access norms by providing unfairly preferential treatment to some. That could make things difficult for India's biggest stock exchange as it prepares for a much-anticipated initial public offering.

The Securities and Exchange Board of India (Sebi) wrote to NSE Chairman Ashok Chawla in the wake of findings by an expert committee on the practice of colocation, or the placement of servers belonging to brokerages adjacent to those of the exchange for a fee to give them an advantage in terms of speed.

In the interim, Sebi said all revenue stemming from the practice, including from fibre connectivity between brokers' colocation facilities and their offices, should be paid into an escrow account.

The regulator said that the NSE board should immediately initiate an independent examination (including forensic investigation by an external agency) of all the concerns highlighted by the Sebi expert committee in its report alleging lack of process that allowed this to happen and collusion if any and fix accountability for the aforesaid breaches covering NSE and stock brokers, vendors and outsourced entities involved in the issue.

The Securities and Exchange Board of India expert committee had actually raised the matter with the board of the exchange at a meeting on July 7, citing possible breaches of fair-access norms that involved some brokers gaining an advantage.

This included preferential access that allowed brokers to log in to multiple servers through multiple access points.

The expert committee had also said that the exchange's architecture in relation to the dissemination of 'tick-by-tick' data through transmission control was prone to manipulation and market abuse.

Sebi had first written to the stock exchange on the issue on March 29. NSE responded to these letters on May 12 and June 29. This was followed by the expert committee's findings being handed over to the NSE board on July 7.

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