SEBI proposes framework for annulment of freak trades

10 Oct 2013 Evaluate

To deal with growing instances of erroneous trading activities in the securities market, Capital market regulator Securities and Exchange Board of India (SEBI), on Wednesday proposed a framework for cancellation or annulment of trades arising from such errant, or freak, trades on the country's stock exchanges. In order to have uniformity and transparency, the market regulator, in a discussion paper, has proposed a regulatory framework for the annulment of trades.

According to SEBI, trade annulment, which has the potential to cause huge loss of money to investors, should only be considered under exceptional circumstances like fraud, market manipulation, regulatory action or in case of an error that could impact the sanctity of price discovery. However, in such cases, the exchange may suo moto undertake examination of trades for cancellation, otherwise, exchanges are not expected to facilitate annulment of trades under normal circumstances.

Presently, exchanges are empowered to annul trades and have their own bye-laws in the absence of a regulatory framework. But after this framework is put in place, stock exchanges will be mandated to adopt a transparent and time-bound approach to decide upon cases related to annulment of trade before making the final settlement, which should be done by defining minimum parameters to identify erroneous orders/trades. Additionally, the regulator has proposed to apply deterrent penalties in the form of fines or suspension of trading rights of the stock broker. It has also prescribed a time limit for accepting a request for annulment.

These suggestions from the market regulator comes against the backdrop of at least four instances of freak trades disrupting the market in recent times, with the latest being placing of erroneous orders on the National Stock Exchange (NSE) in February this year. Further, the regulator has invited public comments on this discussion paper, which can be submitted by October 31.

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