Press Release from FMC – January 12,
2006
The Forward Markets Commission
issued Guidelines to the Regional Commodity Exchanges for obtaining membership
of National Commodity Exchanges. The same is send as an attachment for your
information.
I.
GUIDELINES FOR REGIONAL COMMODITY EXCHANGES FOR OBTAINING MEMBERSHIP OF NATIONAL
COMMODITY EXCHANGES
1 Any
regional exchange wishing to take a membership of National Exchange should
promote or float a ‘subsidiary company’ to acquire membership rights of
other national commodity exchanges. The Exchange has to make necessary
amendments to their By-laws.
2 The
subsidiary company shall be 100 percent owned by the respective regional
commodity exchange. The name of the subsidiary company shall not contain the
words “commodity exchange.”
3 The
Members of the parent commodity exchange shall register themselves as a
constituent to be known as sub-brokers of its subsidiary company, to enable them
to trade on commodities that are available on the national Exchanges where the
subsidiary company obtains membership.
4 The
subsidiary company shall not undertake any dealing in commodities on its own
account i.e. proprietary trading not allowed.
5 The
subsidiary company shall register only the members of the commodity exchange,
which is promoting the subsidiary company as its sub-broker and no other
client/sub-broker shall be entertained by the subsidiary company.
6 The
constituent (i.e. sub-brokers) of the subsidiary company shall maintain separate
deposit with the subsidiary company. The Capital deposited by the constituent
(i.e. sub-broker) with the promoting commodity exchange as a Member shall not be
transferred to the subsidiary company. This deposit to be maintained with the
subsidiary company shall be in the form of cash only.
7 The
trading exposure limit of the constituent (i.e. sub-brokers) shall be based on
the deposit received by the subsidiary company from the sub-brokers. These
exposure limits shall not exceed the limits as prescribed by the national
Commodity exchange of which the subsidiary company is a member.
8 The
subsidiary company shall collect margins from the sub-brokers for the payment of
margins to the respective Commodity exchange of which the subsidiary company is
a member. The margin imposed by the subsidiary company on its constituent (i.e.
sub-brokers) shall not be less than the margin payable to the Commodity
exchanges of which the subsidiary company is the member.
9 The
commodity exchange shall incorporate the above mentioned conditions in the
Memorandum of Association/Articles of Associations of the subsidiary company.
10 The
subsidiary company shall appoint a Chief Executive Officer (CEO) who shall not
hold any position concurrently in Commodity exchange (parent exchange). The
appointment, the terms and condition of service, the renewal of appointment and
the termination of service of CEO shall be subject to prior approval of FMC.
11 The
Governing Board of a subsidiary company shall have the following composition:-
a)
The CEO of subsidiary company shall be a director on the board of subsidiary.
The CEO shall not be a sub- Broker of the subsidiary company or the broker of
parent exchange.
b)
At least 50% of Directors representing on the governing Board of subsidiary
company shall not be sub-broker of the subsidiary company or broker of promoter
/ holding exchange (parent exchange). This director (excluding CEO) shall be
called Public Representative.
c)
The Public Representative shall be nominated by the parent exchange subject to
prior approval of FMC.
d)
Public Representative to be nominated as director of subsidiary company shall be
from amongst the person of integrity having necessary professional competence
and experience in the areas related to commodities market.
e)
For the purpose of nomination as Public Representative, the Governing body of
parent exchange may forward the names of the parson to the FMC for its approval.
The FMC shall, however have the right to nominate person, whose name have not
been forwarded by the Governing body of the Commodity exchange.
f)
The Public Representative to be appoint as directors shall hold the office for
the period of one year from the date of assumption of the office or till the
Annual General Meeting of subsidiary company whichever to earlier.
g)
There should be a gap of at least one year after a consecutive period of three
years before re-nomination of any person for the post of non-member director.
h)
The parent exchange may appoint a maximum of two directors who are officer of
the parent exchange. Such directors shall be in addition to 50% non Member
directors (public representative) mentioned above.
12 The
subsidiary company shall have its own staff none of whom shall be concurrently
working for or holding any position of office in the parent exchange
13 The
parent exchange shall be responsible for all risk management systems of the
subsidiary company and shall set up appropriate mechanism for the supervision of
the trading activity of subsidiary company. Such mechanism shall include:-
a)
Verification of compliances if margin payment and other risk management measures
applicable to a subsidiary company as a broker member of the exchange.
b)
Reporting requirement between the subsidiary and exchange, such as placing
quarterly report on the financial accounts of subsidiary and review of
operations of the subsidiary before the Governing Board of exchange at its
meetings.
c)
Conducting half-yearly inspection of the subsidiary and 20% of its sub-brokers
and placing such reports before the Governing Board of the exchange.
d)
Handling of complaints of constituent (i.e. sub-brokers) of the subsidiary
company.
II. Also, the List of Holidays Prescribed to National Commodity Exchanges is given below
.
|
Sl.No |
Holiday |
Month and Date |
|
1 |
Republic Day |
26th January |
|
2 |
Holi |
15th March |
|
3 |
Good Friday / Ambedkar Jayanti |
14th April |
|
4 |
Maharashtra Day |
May |
|
5 |
Independence Day |
15th August |
|
6 |
Ganesh Chaturthi |
27th August |
|
7 |
Mahatma Gandhi Jayanti |
October |
|
8 |
Diwali |
21st October |
|
9 |
Bhai Duj |
24th October |
|
10 |
Christmas Day |
25th December |
Forward Markets Commission
Dated January12, 2006