Policy & Procedures
1. Setting up client’s exposure limit and conditions under which a client may not be allowed totake further position or the broker may close the existing position of a client: The stock broker may from time to time impose and vary limits on the orders that the client can place through the stock broker’strading system (including exposure limits, turnover limits, limits as to the number, value and/or kind of securities in respect of which orders can be placed etc.). The client is aware and agrees that the stock broker may need to vary or reduce the limits or impose new limits urgently on the basis of the stock broker’s risk perception and other factors considered relevant by the stock broker including but not limited to limits on account of exchange/SEBI directions/limits (such as broker level/ market level limits in security specific/volume specific exposures etc.), and the stock broker may be unable to inform the client of such variation, reduction or imposition in advance. The client agrees that the stock broker shall not be responsible for such variation, reduction or imposition or the client’s inability or route any order through the stock broker’s trading system on account of any such variation, reduction or imposition of limits. The client further agrees that the stock broker may at any time, at its sole discretion and without prior notice, prohibit or restrict the client’s ability to place orders or trade in securities through the stock broker or it may subject any order placed by the client to a review before its entry into the trading systems and may refuse to execute/allow execution of orders due to but not limited to the reason of lack of margin/securities or the order being outside the limits set by stock broker/exchange SEBI and any other reasons which the stock broker may deem appropriate in the circumstances. The client agrees that the losses, if any, on accounts of such refusal or due to delay caused by such review, shall be borne exclusively by the client alone.
The stock broker is required only to communicate/advise the parameters for the calculation of themargin/security requirements as rates/percentages of the dealings. Through any one or more means or methods such as post/speed post/courier/registered post/registered A.D./facsimile/telegram/cable/e-mail/voice mails/telephone (telephone includes such devices as mobile phones etc.) including SMS on the mobile phone or any other similar device; by messaging on the computer screen of the client’s computer; by informing the client through employees/agents of the stock broker; by publishing/displaying it on the website of the stock broker/making it available as a download from the website of the stock broker; by displaying it on the notice board of the
branch/office through which the client trades or if the circumstances, so require, by radio broadcast/television broadcast/newspapers advertisements etc; or any other suitable or applicable mode or manner. The client agrees that the postal department/the courier company/newspaper company and the e-mail/voice mail service provider and such other service providers shall be the agent of the client and the delivery shall be complete when communication is given to the postal department/the courier company/e-mail/voice mail service provider, etc. by the stock broker and the client agrees never to challenge the same on any grounds including delayed receipt/non receipt or any other reasons whatsoever and once parameters for margin/security requirements are so communicated, the client shall monitor his/her/its position (dealings/trades and valuating of security) on his/her/its own and provide the required/deficit margin/security forthwith as required from time to time whether or not any margin call or such other separate communication to thateffect is sent by the stock broker to the client and/or whether or not such communication is received by the client.
The client is not entitled to trade without adequate margin/security and that it shall be his/her/its responsibility to ascertain beforehand the margin/security requirement for his/her/its orders/trades/deals and to ensure that the required margin/security is made available to the stock broker. If the client’s order is executed despite a shortfall in the available margin, the client, shall, whether or not the stock broker intimates such shortfall in the margin to the client, make up the shortfall suo moto immediately. The client further agrees that he/she/it shall be responsible for all orders (including any orders that may be executed without the required margin in the client’s account) and /or any claim/loss/damage arising out of the non availability/shortage of
margin/security required by the stock broker and/or exchange & or SEBI. The stock broker is entitled to vary the form (i.e., the replacement of the margin/security in one form with the margin/security in any other form, say, in the form of money instead of shares) and/or quantum and/or percentage of the margin and/or security required to be deposited/made available,
from time to time.
The margin/securities deposited by the client with the stock broker are not eligible for any interest. The stock broker is entitled to include/appropriate any/all pay-out of funds and/or securities towards margin/security without requiring specific authorizations for each pay-out.
The stock broker is entitled to transfer funds/or securities from his account for one exchange and/or one segment of the exchange to his/her/its account for another exchange and/or another segment of the exchange. The stock broker is entitled to disable/freeze the account and/or trading facility/any other service facility if in the opinion of the stock broker the client has committed a crime/fraud or has acted in contradiction of this agreement and/or is likely to evade/violate any laws, rules, regulations, directions of a lawful authority whether Indian or foreign or if the stock broker so apprehends.
2. Applicable brokerage rate: the stock broker is entitled to charge brokerage within the limits imposed by exchange which at present is as under:
(a) For Cash/Futures/Currency and interest rate futures market segment: The maximum brokerage chargeable in relation to trades effected in the securities admitted to dealing on the Capital Market/Futures/Currency and Interest rate futures segment shall be 2.5% of the contract price exclusive of statutory levies. It is hereby further clarified that where the sale/purchase value of a share is Rs.10/- or less in capital market segment, maximum brokerage of 25 paise per share may collected.
(b) For Option contracts: Brokerage for option contracts shall be charged on the premium amount at which the option contrast was bought or sold and not on the strike price of the option contract. It is hereby further clarified that brokerage on options contracts shall not exceed 2.5% of the premium amount or Rs.100/- (per lot) whichever is higher.
3. Imposition of penalty/delayed payment charges: The client agrees that any amounts of any other reason to the stock broker will be charges with delayed payment charges at such rates as may be determined by the stock broker: The client agrees that the stock broker may impose fines/penalties for any orders/trades/deals/actions of the client which are contrary to this agreement/rules/regulation/bye laws of the exchange or any other law for the time being in force, at such rates and in such as it may deem fit. Further where the stock broker has to pay any fine or bear any punishment from any authority in connection with/as a consequence of/in relation to any of the orders/trades/deals/action of the client, the same shall be borne by the client.
The client agrees to pay to the stock broker brokerage, commission, fees, all taxes, duties, levies imposed by any authority including but not limited to the stock exchanges (including any amount due on account of reassessment/backlogs etc.) transaction expenses, incidental expenses such as postage, courier etc. as they apply from time to time to the client is account/transactions/services that the client avails from the stock broker.
4. The right to sell clients securities or close clients positions without giving notice to the client on account of non-payment of clients dues: The stock broker maintains centralized banking and securities handling processes and related banking and depository accounts at a designated place. The client shall ensure timely availability of funds/securities in designated form and manner at designated time and in designated bank and depository accounts at designated place, for meeting his/her/its pay in obligation of funds and securities. The stock broker shall not be responsible for any claim/loss/damage arising out of non availability/short availability of funds/securities by the client in the designated accounts of the stock broker for meeting the pay in obligation of either funds or securities. If the client gives order/trades in the anticipation of the required securities being available subsequently for pay-in through anticipated pay-out from the exchange or through borrowing of any market deliveries and if such anticipated availability does not materialize in actual availability of securities/funds for pay-in for any reason whatsoever including but not limited to any deals/shortage at the exchange or stock broker level/non release of margin by the stock broker etc. the losses which may occur to the client as a consequence of such shortage in any manner such as on account of auctions/square off/closing out etc. shall be solely to the account of the client and the client agrees not to hold the stock broker responsible for the same in any form or manner whatsoever. In case the payment of the margin/securities made by the client though a bank instrument the stock broker shall be at liberty to give the benefit/credit for the same only on the realization of the funds from the said bank instrument etc. at the absolute discretion of the stock broker where the margin/securities made available by way of securities or any other property. The stock broker is empowered to decline its acceptation as margin/securities and/or to accept it at such reduced value as the stock broker may deem fit by applying haircut or by valuing it by marking it to market or by any method as the stock broker may deem fit at its absolute discretion.
The stock broker has the right but not the obligation to cancel all pending orders to sell/close/liquidate all open positions/securities/shares at the pre-defined square off time or when marked to market (M-T-M) percentage reaches or crosses stipulated margin percentage maintained on the website, whichever is earlier. The stock broker will have sole discretion to decide referred stipulated margin percentage depending upon the market condition. In the event of such square off, the client agrees to bear all the process based on actual executed prices. In case open position (i.e. short/long) gets converted into delivery due to non square off because of any reason whatsoever, the client agrees to provide securities/funds to fulfill the pay in obligation failing which the client will have to face auction or internal close out; in addition to this the client will have to pay penalties and charges levied by exchange in actual and losses, if any, without prejudice to the foregoing; the client shall also be solely liable for all and any penalties and charges levied by the exchanges. The stock broker is entitled to prescribe the date and time by which the margin/security is to be made available and the stock broker may refuse to accept any payment in any form after such deadline for margin/security expires. Notwithstanding anything to the contrary in the agreement or elsewhere, if
the client fails to maintain or provide the required margin/funds/security and to meet the funds/margins/securities pay in obligation for the order/trades/deals of the client within the prescribed time and form, the stock broker shall have the right without any further notice or communication to the client take any one or more of the following steps:-
i) To withhold any payout of funds/securities
i) To withhold any payout of funds/securities
ii) To withhold/disable the trading dealing facilities to the client
iii) To liquidate one or more securities of the client by selling the same in such manner and at such rate which the stock broker may deem fit in its absolute discretion. It is agreed and understood by the client that securities here include securities which are pending delivery/receipt.
iv) To liquidate/square off partially or fully the positions of sell and/or purchase any one or more securities/contacts in such manner and at such rates which the stock broker may decide at its absolute discretion.
v) To take any other step which in the given circumstances, the stock broker may deem fit. The client agrees that the losses if any, on account of any one or more steps as enumerated herein above being taken by the stock broker, shall be borne exclusively by the client alone and agrees not to question the irresponsibleness, requirements, timing, manner, form, pricing etc. which are chosen by the stock broker.
5. Temporarily suspending or closing a clients account at the clients request:
i) The client may request the stock broker to temporarily suspend his account. The stock broker may do so subject to client’s accepting/adhering to conditions imposed by stock broker including but not limited to settlement of account and/or the obligation.
ii) The stock broker can withhold the payouts of the client and suspend his trading account due to his surveillance action or judicial and/or regulatory order/action requiring client suspension.
6. De-registering a client: Notwithstanding anything to the contrary stated in the agreement, the stock broker shall be entitled to terminate the agreement with immediate effect in any of the following circumstances:
i) If the actions of the client are prima facie illegal/improper, such as to manipulate the price of any securities, disturb the normal/proper functioning of the market, either alone or in conjunction with other.
ii) If there is any commencement of a legal process against the client under any law.
iii) On the death/lunacy or other disability of the client.
iv) If a receiver, administrator or liquidator has been appointed or allowed to be appointed of all or any part of the undertaking of the client.
v) If the client has voluntarily or compulsorily become the subject of proceedings under any bankruptcy or insolvency law or being a company, goes into liquidation or has a receiver appointed in respect of reconstruction or under any other law providing protection as a relief undertaking.
vi) If the client being a partnership firm, has any step taken by the client and/or its partners for dissolution of the partnership.
vii) If the client has taken or suffered to be taken any action for its reorganization, liquidation or dissolution.
viii) If the client has made any material misrepresentation of facts, including (without limitation) in relation to the Security;
ix) If there is reasonable apprehension that the Client is unable to pay its debts or the Client has
admitted its inability to pay its debts, as they become payable;
x) If the client suffers any adverse material change in his/her/its financial position or defaults in any other agreement with the stock broker;
xi) If the Client is in breach of any term, condition or covenant of this agreement;
xii) If any covenant or warranty of the client is incorrect or untrue in any material respect;However, notwithstanding any termination of the agreement, all transactions made under/pursuant to this agreement shall be subject to all the terms and conditions of this agreement and parties to this agreement submit to exclusive jurisdiction of courts of law at the place of execution of this agreement by the stock broker.
7. Refusal of orders for penny / illiquid stock: The stock broker may from time to time limit (quantity/value) / refuse orders in one or more securities due to various reasons including: market, liquidity, value of securities, the order being for securities which are not in the permitted list of the stock broker / exchanges /SEBI provided further that stock broker may require compulsory
settlement /advance payment of expected settlement value /delivery of securities for settlement prior to acceptance/placement of orders as well the client agrees that the losses, if any on account of such refusal are due to daily caused by such limits , shall be borne exclusively by the client alone. The stock broker may require reconfirmation of orders which are larger than that specified by the stock brokers’risk management, and is also aware that the stock broker has the discretion to reject the execution of such orders based on its risk perception.
8. Shortage in obligation arising out of internal netting of trades: stock broker shall not be obliged to deliver any securities or pay any money to the client unless and until the same has been received by the stock broker from the exchange, the clearing corporation/clearing house or other company or entity liable to make payment and the client has fulfilled his/her/its obligation first:
The policy and procedure for settlement of shortage in obligation arising out of internal netting up trades is as under:
The short delivery client is debited by an amount equivalent to 20% above of closing rate of the day prior to pay-in/pay-out day. The securities delivered short are purchased from market on T+3 day which is the auction day on exchange, and the purchase consideration (inclusive of all statutory taxes & levies) is debited to the short delivering seller client along with reversal entry of provisionally amount debited earlier.
If securities cannot be purchased from market due to any force majeure condition, the short delivery seller is debited at the closing rate on T+3 day or auction day on exchange + 10% where the delivery is matched partially or fully at the exchange clearing the delivery and debits/credits shall be as per exchange debits and credits.
In cases of securities having corporate actions all cases of short delivery of cum transactions which cannot be auctioned on cum basis auction payout is after the book closure/record date, would be compulsorily closed out at higher of 10% above the official closing price on the auction day orthe highest traded price from first trading day of the settlement till the
auction day. Client Acceptance of Policies and Procedures stated hereinabove: I/We have fully understood the same and do hereby sign the same and agree not to call into question the validity, enforceability and applicability of any provisions/clauses of this document under any circumstances whatsoever. These Policies and Procedures may be amended/changed unilaterally by the broker, provided the change is informed to me/us through any one or more means or methods such as post/speed post/courier/registered post/registered A.D./facsimile/telegram/cable/e-mail/voice mails/telephone (telephone includes such devices as mobile phones etc.) including SMS on the mobile phone or any other similar
device; by messaging on the computer screen of the clients computer; by informing the client through employee/agents of the stock broker; by publishing/displaying it on the website of the stock broker/making it available as a download from the website of the stock broker; by displaying it on the notice board of the branch/office through which the client trades or if the circumstances so require, by radio broadcast/television broadcast/newspapers advertisements etc; or any other suitable or applicable mode or
manner. I/We agree that the postal department/the courier company/newspaper company and the e-mail/voice mail service provider and such other service providers shall be my/our agent and the delivery shall be complete when communication is given to the postal department/the courier company/the e-mail/voice mail service provider, etc. by the stock broker and I/we agree never to challenge the same on any grounds including delayed receipt/non receipt or any other reasons whatsoever. These Policies and Procedures shall always be read along with the agreement and shall be compulsorily referred to while deciding any dispute/difference or claim between me/us and stock broker before any court of law/judicial/adjudicating authority including arbitrator/mediator etc.