2017-TIOLCORP-17-SEBI
Sugal And Damani Share Brokers Ltd
Whether mixing of clients funds with its own funds by the stock broker and making pay in for most of the clients from broker's own funds amounts to contravention of the SEBI circular issued in that behalf - YES: SEBI
Whether a stock broker can take the defence that such mixing was done for smooth running of business and for timely pay in obligation of the clients - NO: SEBI
Whether lending of funds by a stock broker to its clients can be said to be "in connection with or incidental to or consequential upon the securities business" when it is evident that the stock broker has charged interest so as to make profit out of such loan and was not merely meant for assisting the clients to secure their pay-in obligations - NO: SEBI
Whether it would amount to contravention of Rule 8(3)(f) of the SCRR if stock broker lends money to its client otherwise than "in connection with or incidental to or consequential upon the securities business" - YES: SEBI
- Directions Imposed: SEBI