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DY. GENERAL MANAGER MARKET INTERMEDIARIES
REGULATIONS & SUPERVISION DEPARTMENT MIRSD/DR-1/FC/Cir-15/2006 The Executive
Directors/ Managing Directors/ Administrators of All
Stock Exchanges Dear Sir, Sub: Payment of fees
by Stock Brokers SEBI has notified the SEBI (Stock Brokers and Sub Brokers)
(Third Amendment) Regulations 2006 vide notification No S.O.1600(E) dated 25th
September 2006 inserting Schedule III-A and amending Schedule IV of the SEBI
(Stock Brokers and Sub Brokers) Regulations, 1992 (hereinafter referred to as
�Regulations�).� The Notification is
available on SEBI website - www.sebi.gov.in� Pursuant to the amendment the Stock Exchanges are advised as
follows : 1.
As
per sub clause 2 of Schedule III A of Regulations, Stock brokers falling under
sub clause (c) and (d) of clause 1 of Schedule III A of Regulations, may opt to
pay fees in accordance with this schedule with effect from October 01, 2006 or
on April 01, 2006 for which written consent to be given to the stock exchange on
or before 31st day of October, 2006 or 28th day of
February, 2007 respectively, in the format specified inAnnexure 1 to this
circular. 2.
As
per clause 5(1) (b) of Schedule III A of Regulations, fee is payable in respect
of off market transactions entered into by stock brokers and which are reported
to that stock exchange.� The stock
brokers having multiple memberships are required to report off market
transactions on the respective stock exchanges and shall be required to pay the
fees only at the one stock exchange as opted by the stock broker. For this
purpose the stock broker shall be required : a.
to
express in writing the name of the stock exchange where the off market
transactions be included for the payment of fees. b.
to
intimate the respective stock exchanges where he is having multiple membership
about his intention for inclusion of off market transaction in the chosen stock
exchange.�� ������ The stock exchanges shall obtain a
declaration from the stock broker with respect to a and b above.� 3.
The
stock exchanges shall remit the fees to SEBI by way of a banker�s cheque or
demand draft drawn in favour of �Securities and Exchange Board of India�� payable at Mumbai. ��While making the payment the stock exchanges
shall furnish the information in the format specified in Annexure 2A for stock
brokers in cash segment and Annexure 2B for stock brokers in derivative
segment. 4.
The
stock exchanges shall amend their bye laws, Rules, Regulations as may be
required to give effect to the amended Regulations so as to facilitate
collection of fees and deposit the same with SEBI as specified in sub clause
(1) of Clause 5 of Schedule III A of regulations and sub clause (1) of Clause 3
of Schedule IV of said regulations. 5. ����������� The stock exchanges are also advised to : a.
make necessary amendments to the
relevant bye-laws, rules and regulations for the implementation of the above
decision immediately. b. ���� bring the provisions of this circular to the notice of the member brokers/clearing members of the Exchange and also to disseminate the same on the website. c. communicate to SEBI, the status of the implementation of the provisions of this circular in the Monthly Development Report for the month of October �2006. 6. ������� The stock exchanges shall be required to
collect the fees in terms of the amended Regulations from October 01, 2006 and
first such remittance under the amended Regulations shall be made for the
period October 01, 2006 to December 31, 2006 latest by January 05, 2007 and
thereafter by the fifth working day of the following calendar month as
specified in clause 5(2) of Schedule III A. 7. ������������ This circular is being issued in exercise of powers conferred under Section 11 (1) of the Securities and Exchange Board of India Act, 1992, to protect the interests of Investors in securities and to promote the development of, and to regulate the securities market. Yours faithfully,
MANOJ KUMAR |