NISM-Series-VIII: Equity Derivatives

Chapter 10: Code of Conduct πŸ“

Authored by Divanshu Kapoor


10.1 Why a Code of Conduct? πŸ€”

Stock brokers, sub-brokers, dealers, and financial advisors are entrusted with client money, trades, and critical advice. To maintain a relationship of trust, fairness, and transparency with investors, SEBI has made it mandatory for all these entities to adhere to a strict Code of Conduct.

10.2 Code of Conduct for Brokers / Trading Members 🀝

Under the SEBI (Stock Brokers and Sub-Brokers) Regulations, 1992, brokers must follow several key principles:

  • Integrity & Honesty: Brokers must act fairly in all dealings and avoid any form of misrepresentation, fraud, or misleading statements.
  • Diligence & Prompt Service: All client instructions must be executed quickly and efficiently. Brokers are responsible for ensuring proper confirmations and delivering contract notes without undue delays.
  • Transparency: There must be clear and upfront disclosure of all brokerage charges, fees, and the risks associated with investments. Hidden costs are strictly prohibited.
  • Confidentiality: Client data, trading information, and personal details must be kept confidential and are not to be leaked or misused.
  • Conflict of Interest: A broker's primary duty is to their client. They must prioritize the client's interests over their own. This includes a strict ban on "front-running," which is trading ahead of a client's large order.
  • Fairness in Advice: Any recommendations or advice provided must be based on a thorough analysis and not on a motive to manipulate the market. Risk disclosure is a compulsory part of this process.

10.3 Code of Conduct for Analysts / Research Reports πŸ“Š

Research analysts are governed by the SEBI Research Analyst Regulations, 2014. Key requirements include:

  • Disclosure of Ownership: Analysts must disclose if they or their family members have any ownership in the securities they are discussing.
  • Conflict of Interest: Any potential conflicts of interest must be clearly stated in their reports.
  • No Guaranteed Returns: Analysts are strictly prohibited from promising or guaranteeing any returns on investments.

10.4 Client Protection Measures πŸ›‘οΈ

SEBI has put several measures in place to protect investors:

  • KYC Norms: A compulsory "Know Your Customer" process to verify the identity and address of every client.
  • Risk Disclosure Document (RDD): Before a client can begin trading in derivatives, they must sign this document to acknowledge that they understand the inherent risks.
  • Investor Grievance Redressal:
    • SCORES: The SEBI Complaints Redress System is an online platform for investors to lodge and track complaints.
    • Arbitration Process: A formal process at the exchanges for resolving disputes between clients and brokers.

10.5 Penalties for Misconduct βš–οΈ

SEBI has a range of powers to penalize those who fail to comply with the Code of Conduct:

  • Monetary Penalty: Imposing fines for regulatory violations.
  • Suspension of Trading Rights: Temporarily barring the entity from conducting trades.
  • Cancellation of Registration: The most severe penalty, permanently revoking the entity's license to operate.

Authored with ❀️ by Divanshu Kapoor. Follow me on LinkedIn for more content.