Additional Rights & Obligations (Voluntary)
Additional Rights & Obligations (Voluntary)
Additional Rights & Obligations (Voluntary)
1. The Member may set off outstanding in any of the Client's 8. The Client agrees that if he fails to meet his funds pay-in
accounts against credits available or arising in any other accounts obligation in respect of any one or more commodities purchased
maintained with the Member irrespective of the fact that such by him before the scheduled pay-in date, the Member shall be at
credits in the accounts may pertain to transactions in any liberty to sell the commodities received in pay-out, in proportion
segment of the Exchange and/or against the value of cash margin to the amount not received, after taking into account any amount
or collateral shares provided to the Member by the Client. lying to the Client's credit, by selling equivalent commodities at
any time after the scheduled Pay-in time on the Exchange. If the
2. The Member may keep all the securities / commodities which Member does not sell the commodities within five trading days
the Client may give to the Member in margin including the payout after the date of Pay-in for any reason whatsoever, such com-
of commodities received, to use the commodities for meeting modities shall be deemed to have been closed out at closing price
margin / other obligation in the exchanges in whatever manner declared by the exchange for the fifth trading day. The Client
which may include pledging of shares in favor of bank and / or agrees that the loss, if any, on account of the close out shall be to
taking loan against the same for meeting margin/ payin obligation his account.
on Client's behalf or for giving the same as margin to the
Exchange. 9. The Client further agrees that if he fails to deliver any one or
more commodities to the Member's pool account in respect of the
3. Unless otherwise instructed the Member may retain commodities sold the Client before the pay-in date notified by the
Commodities in its Demat account for Client's margin/future Exchange from time to time, such undischarged obligation(s) in
obligations at the Exchanges. relation to delivering any one or more commodities shall be
deemed to have been closed out at the auction price or closing
4. Where the Client has relationship with the Member on more price, as may be debited to him in respect of the commodity for
than one Commodity Exchange the Member will treat the the respective settlement, to the extent traceable to him on his
relationship in all the commodity exchanges as co-extensive and failure to deliver; otherwise the closing price on the date of pay-
may make transfer, make adjustments and/or set off a part or out in respect of the relevant commodities, declared by the
whole of the securities / Commodities placed as margin and/or Exchange. The Client acknowledges that the loss, if any, on
any surplus funds in any of the account of the Client for any of the account of the close out shall be debited to his account. The
commodities exchanges against the outstanding dues payable, if Client further agrees that if for any reason, schedule of pay-out is
any, by the Client in any of his account/(s) maintained with modified, the aforesaid shall be made applicable reckoning the
Member. The Member shall have right of lien on the credit balance actual date of pay-in and /or pay-out, as the case may be.
in any of account of the Client for dues against any other account
of the Client. Any entries passed by the Member in accordance
with this provision shall be binding on the Client. 10. The Client agrees that if he fails to meet his funds pay-in
obligation in respect of any one or more contracts purchased by
5. Unless otherwise instructed in writing the Member may him before the scheduled pay-in date, the Member shall be at
consider Client's telephonic instructions for order placing/order liberty to square off any open position in the Client's account in
modification/order cancellation as a written instruction and give to proportion to the amount not received, after taking into account
the Client all the confirmation on telephone. any amount lying to his credit, at any time after the scheduled
Pay-in time on the Exchange. The Client agrees that the loss, if
6. Trading of Commodities is in Electronic Mode, based on VSAT, any, on account of the said squaring off shall be to the account of
leased line, ISDN, Modem and VPN, combination of technologies the Client. The Client acknowledges that the Member will make
and computer systems to place and route orders. The Client available the delivery against the Client's purchases only if there
understands that there exists a possibility of communication are no dues against the Client.
failure or system problems or slow or delayed response from
system or trading halt, of any such other problem/glitch whereby Any change in any of the above voluntary/non-mandatory clauses
not being able to establish access to the trading system/ network, will have to be preceded by a notice of 15 days.
which may be beyond your control and may result in delay in The Member and the Client understand that none of the above
processing or note processing buy or sell Orders either in part or voluntary/non-mandatory clause is in contravention with the
in full. The Client shall bear all consequences of such problems/ Rules/Business Rules/Notices/Circulars of Exchanges or
glitch and shall not hold the Member responsible for it. SEBI/FMC. If any of the above clauses or part thereof is found to
be or becomes in such contravention, it shall be of no effect to
7. The Client confirms he will never sublet the trading terminal on the extent of contravention.
any term of connectivity, from my place to any other place
without the Member's prior written approval.
GUIDANCE NOTE - DO’s AND DON’Ts FOR THE CLIENTS Annexure 4
Do’s
1. Trade only through Registered Members of the Exchange. Check from the Exchange website at following link
https://www.mcxindia.com/membership/notice-board/Member-AP -Details to see whether the Member is registered with the Exchange.
2. Insist on filling up a standard 'Know Your Client (KYC)' form before you commence trading.
3. Insist on getting a Unique Client Code (UCC) and ensure all your trades are done under the said UCC.
4. Insist on reading and signing a standard 'Risk Disclosure Agreement'.
5. Obtain a copy of your KYC and/ or other documents executed by you with the Member, from the Member.
6. Cross check the genuineness of trades carried out at the Exchange through the trade verification facility available on the Exchange
website at the following link https://www.mcxindia.com/en/login .The trades can be verified online where trade information is available
up to 5 working days from the trade date.
7. Insist on a duly signed Contract Note in specified format for every executed trade within 24 hours of trade, highlighting the details of
the trade along with
your UCC.
8. Ensure that the Contract Note contains all the relevant information such as Member Registration Number, Order No., Order Date,
Order time, Trade No., Trade rate, Quantity, Arbitration Clause, etc.
9. Obtain receipt for collaterals deposited with the Member towards margins.
10. Go through the Rules, Bye-laws, Regulations, Circulars, Directives, Notifications of the Exchange as well as of the Regulators,
Government and other authorities to know your rights and duties vis-à-vis those of the Member.
11. Ask all relevant questions and clear your doubts with your Member before transacting.
12. Insist on receiving the bills for every settlement.
13. Insist on Monthly statements of your ledger account and report any discrepancies in the statement to your Member within 7
working days. In case of unsatisfactory response report the discrepancy to the Exchange within 15 working days from the date of
cause of action.
14. Scrutinize minutely both the transaction & holding statements that you receive from your Depository Participant.
15. Keep Delivery Instruction Slips (DIS) book issued by DPs in safe possession.
16. Ensure that the DIS numbers are preprinted and your account number (UCC) is mentioned in the DIS book.
17. Freeze your Demat account in case of your absence for longer duration or in case of not using the account frequently.
18. Pay required margins in time and only by Cheque and ask for receipt thereof from the Member.
19. Deliver the commodities in case of sale or pay the money in case of purchase within the time prescribed.
20. Understand and comply with accounting standards for derivatives.
21. Ensure to read, understand and then sign the voluntary clauses, if any, agreed between you and the Member. Note that the clauses
as agreed between you and the Member cannot be changed without your consent.
22. Get a clear idea about all brokerage, commissions, fees and other charges levied by the Member on you for trading and the relevant
provisions/guidelines specified by SEBI/Commodity exchanges.
23. Make the payments by account payee cheque in favour of the Member. Ensure that you have a documentary proof of your
payment/deposit of commodities with the Member, stating date, commodity, quantity, towards which bank/demat account such money
or commodities (in the form of warehouse receipts) deposited and from which bank/ demat account.
24. The payout of funds or delivery of commodities (as the case may be) shall not be made to you within one working day from the
receipt of payout from the Exchange, in case you have given specific authorization for maintaining running account to the member.
Thus, in this regard, the running account authorization provided by you to the Member shall be subject to the following conditions:
a) Such authorization from you shall be dated, signed by you only and contains the clause that you may revoke the same at any time.
b) You need to bring any dispute arising from the statement of account to the notice of the Member in writing preferably within 7
(seven) working days from the date of receipt of funds/commodities or statement, as the case may be. In case of dispute, refer the
matter in writing to the Investors Grievance Cell of the relevant Commodity exchanges without delay.
c) In case you have not opted for maintaining running account and pay-out is not received on the next working day of the receipt of
payout from the exchanges, please refer the matter to the Member. In case there is dispute, ensure that you lodge a complaint in writing
immediately with the Investors Grievance Cell of the relevant Commodity exchange.
d) Please register your mobile number and email id with the Member, to receive trade confirmation alerts/ details of the transactions
through SMS or email, by the end of the trading day, from the commodity exchanges.
25. You should familiarize yourself with the protection accorded to the money or other property you may deposit with your member,
26. Please ensure that you have a documentary proof of having made the deposit of such money or property with the member, stating
towards which account such money or property deposited.
27. In case your problem/grievance/issue is not being sorted out by concerned Member/Authorised Person then you may take up the
matter with the concerned Commodity Exchange. If you are not satisfied with the resolution of your complaint then you can escalate
the matter to SEBI.
Don't
1. Do not deal with any unregistered intermediaries.
2. Do not undertake off-market transactions as such transactions are illegal and fall outside the jurisdiction of the Exchange.
3. Do not enter into assured returns arrangement with any Member.
4. Do not get carried away by luring advertisements, rumours, hot tips, explicit/implicit promise of returns, etc.
5. Do not make payments in cash/ take any cash towards margins and settlement to/from the Member.
6. Do not start trading before reading and understanding the Risk Disclosure Agreement.
7. Do not neglect to set out in writing, orders for higher value given over phone.
8. Do not accept unsigned/duplicate contract note/confirmation memo.
9. Do not accept contract note/confirmation memo signed by any unauthorized person.
10. Don’t share your internet trading account’s password with anyone.
11. Do not delay payment/deliveries of commodities to Member.
12. Do not forget to take note of risks involved in the investments.
13. Do not sign blank Delivery Instruction Slips (DIS) while furnishing commodities, deposits and/or keep them with Depository
Participants (DP) or member to save time.
14. Do not pay brokerage in excess of that rates prescribed by the Exchange.
15. Don’t issue cheques in the name of Authorized Person.
INTERNET & WIRELESS TECHNOLOGY BASED TRADING
FACILITY PROVIDED BY MEMBERS TO CLIENT
(All the clauses mentioned in the ‘Rights and Obligations’ document(s) shall be applicable. Additionally, the clauses mentioned
herein shall also be applicable.)
1. Member is eligible for providing Internet based trading (IBT) unauthorized use, the date, the manner and the transactions
and commodities trading through the use of wireless technology effected pursuant to such unauthorized use, etc.
that shall include the use of devices such as mobile phone, laptop
with data card, etc. which use Internet Protocol (IP). The Member 7. The Client is fully aware of and understands the risks associ-
shall comply with all requirements applicable to internet based ated with availing of a service for routing orders over the internet/
trading/commodities trading using wireless technology as may be commodities trading through wireless technology and Client shall
specified by SEBI& the Exchanges from time to time. be fully liable and responsible for any and all acts done in the
Client’s Username/password in any manner whatsoever.
2. The client is desirous of investing/trading in commodities and
for this purpose, the client is desirous of using either the internet 8. The Member shall send the order/trade confirmation through
based trading facility or the facility for commodities trading email to the client at his request. The client is aware that the
through use of wireless technology. The Member shall provide the order/ trade confirmation is also provided on the web portal. In
Member’s IBT Service to the Client, and the Client shall avail of case client is trading using wireless technology, the Member shall
the Member’s IBT Service, on and subject to SEBI/Exchanges send the order/trade confirmation on the device of the client.
Provisions and the terms and conditions specified on the 9. The client is aware that trading over the internet involves many
Member’s IBT Web Site provided that they are in line with the uncertain factors and complex hardware, software, systems,
norms prescribed by Exchanges/SEBI. communication lines, peripherals, etc. are susceptible to interrup-
3. The Member shall bring to the notice of client the features, tions and dislocations. The Member and the Exchange do not
risks, responsibilities, obligations and liabilities associated with make any representation or warranty that the Member’s IBT
commodities trading through wireless technology/internet or any Service will be available to the Client at all times without any
other technology should be brought to the notice of the client by interruption.
the Member. 10. The Client shall not have any claim against the Exchange or
4. The Member shall make the client aware that the Member’s IBT the Member on account of any suspension, interruption, non-
system itself generates the initial password and its password availability or malfunctioning of the Member’s IBT System or
policy as stipulated in line with norms prescribed by Service or the Exchange’s service or systems or non-execution of
Exchanges/SEBI. his orders due to any link/system failure at the
Client/Members/Exchange end for any reason beyond the control
5. The Client shall be responsible for keeping the Username and of the Member/Exchanges.
Password confidential and secure and shall be solely responsible
for all orders entered and transactions done by any person
whosoever through the Member’s IBT System using the Client’s
Username and/or Password whether or not such person was
authorized to do so. Also the client is aware that authentication
technologies and strict security measures are required for the
internet trading/ commodities trading through wireless technology
through order routed system and undertakes to ensure that the
password of the client and/or his authorized representative are not
revealed to any third party including employees and dealers of the
Member.
The Exchange does not expressly or impliedly, guarantee nor I Risk of Higher Volatility
make any representation concerning the completeness, the Volatility refers to the dynamic changes in price that commodity
adequacy or accuracy of this disclosure documents nor has the derivative contracts undergo when trading activity continues on
Exchange endorsed or passed any merits of participating in the the Commodity Exchange.
Commodity Derivatives/trading. This brief statement does not Generally, higher the volatility of a commodity derivatives
disclose all of the risks and other significant aspects of trading. contract, greater is its price swings. There may be normally
You should, therefore, study derivatives trading carefully before greater volatility in thinly traded
becoming involved in it. commodity derivatives contracts than in actively traded commodi-
ties/contracts. As a result of volatility, your order may only be
In the light of the risks involved, you should undertake transac- partially executed or not executed at all, or the price at which your
tions only if you understand the nature of the contractual relation- order got executed may be substantially different from the last
ship into which you are entering and the extent of your exposure traded price or change substantially thereafter, resulting in real
to risk. losses.
You must know and appreciate that investment in commodity ii. Risk of Lower Liquidity
futures contracts/derivatives or other instruments traded on the a. Liquidity refers to the ability of market participants to buy
Commodity Exchange(s), which have varying element of risk, is and/or sell commodity derivative contract expeditiously at a
generally not an appropriate avenue for someone of limited competitive price and with minimal price difference. Generally, it
resources/ limited investment and/or trading experience and low is assumed that more the number of orders available in a market,
risk tolerance. You should, therefore, carefully consider whether greater is the liquidity. Liquidity is important because with greater
such trading is suitable for you in the light of your financial liquidity, it is easier for investors to buy and/or sell commodity
condition. In case, you trade on the derivatives contracts swiftly and with minimal price difference and
Exchange and suffer adverse consequences or loss, you shall be as a result, investors are more likely to pay or receive a competi-
solely responsible for the same and the Exchange shall not be tive price for commodity derivative contracts purchased or sold.
responsible, in any manner whatsoever, for the same and it will There may be a risk of lower liquidity in some commodity
not be open for you to take the plea that no adequate disclosure derivative contracts as compared to active commodity derivative
regarding the risks involved was made or that you were not contracts. As a result, your order may only be partially executed,
explained the full risk involved by the concerned member. The or may be executed with relatively greater price difference or may
Client shall be solely responsible for the consequences and no not be executed at all.
contract can be rescinded on that account. b. Buying/Selling without intention of giving and/or taking delivery
of certain commodities may also result into losses, because in
You must acknowledge and accept that there can be no guarantee such a situation, commodity derivative contracts may have to be
of profits or no exception from losses while executing orders for squared-off at a low/high prices, compared to the expected price
purchase and/or sale of a commodity derivatives being traded on levels, so as not to have any obligation to deliver/receive such
the Exchange. commodities.
It must be clearly understood by you that your dealings on the iii. Risk of Wider Spreads
Exchange through a member shall be subject to your fulfilling Spread refers to the difference in best buy price and best sell
certain formalities set out by the member, which may, inter alia, price. It represents the differential between the price of buying a
include your filing the know your client form and are subject to commodity derivative and immediately selling it or vice versa.
Rules, Byelaws and Business Rules of the Exchange guidelines Lower liquidity and higher volatility may result in wider than
prescribed by SEBI from time to time and circulars as may be normal spreads for less liquid or illiquid commodities/commodity
issued by the Exchange from time to time. derivatives contracts. This in turn will hamper better price
formation.
The Exchange does not provide or purport to provide any advice
and shall not be liable to any person who enters into any business iv. Risk-reducing orders
relationship with any member of the Exchange and/or third party a. Most of the Exchanges have a facility for investors to place
based on any information contained in this document. Any “limit orders”, “stop loss orders” etc. Placing of such orders (e.g.
information contained in this document must not be construed as “stop loss” orders or “limit” orders) which are intended to limit
business advice/investment advice. No consideration to trade losses to certain amounts may not be effective many a time
should be made without thoroughly understanding and reviewing because rapid movement in market conditions may make it
the risks involved in such trading. If you are unsure, you must impossible to execute such orders.
seek professional advice on the same. b. A “market” order will be executed promptly, subject to
availability of orders on opposite side, without regard to price and
In considering whether to trade, you should be aware of or must that while the customer may receive a prompt execution of a
get acquainted with the following:- “market” order, the execution may be at available prices of
outstanding orders, which satisfy the order quantity, on price time
1. Basic Risks involved in the trading of Commodity Futures priority. It may be understood that these prices may be signifi-
Contracts and other Commodity Derivatives Instruments on the cantly different from the last traded price or the best price in that
Exchange. commodity derivatives contract.
c. A “limit” order will be executed only at the “limit” price 2. As far as Futures Commodity Derivatives are concerned,
specified for the order or a better price. However, while the client please note and get yourself acquainted with the following
received price protection, there is a possibility that the order may additional features:-
not be executed at all.
d. A stop loss order is generally placed "away" from the current 2.1 Effect of "Leverage" or "Gearing":
price of a commodity derivatives contract, and such order gets
activated if and when the contract reaches, or trades through, the a. The amount of margin is small relative to the value of the
stop price. Sell stop orders are entered ordinarily below the commodity derivatives contract so the transactions are 'leveraged'
current price, and buy stop orders are entered ordinarily above the or 'geared'. Commodity Derivatives trading, which is conducted
current price. When the contract approaches pre-determined with a relatively small amount of margin, provides the possibility
price, or trades through such price, the stop loss order converts of great profit or loss in comparison with the principal investment
to a market/limit order and is executed at the limit or better. There amount. But transactions in commodity derivatives carry a high
is no assurance therefore that the limit order will be executable degree of risk. You should therefore completely understand the
since a contract might penetrate the predetermined price, in following statements before actually trading in commodity
which case, the risk of such order not getting executed arises, derivatives contracts and also trade with caution while taking into
just as with a regular limit order. account one's circumstances, financial resources, etc.
vi. Risk of Rumours c. If you fail to deposit the additional margin by the deadline or if
a. Rumours about the price of a commodity at times float in the an outstanding debt occurs in your account, the Member of the
market through word of mouth, newspaper, websites or news Exchange may liquidate/square-up a part of or the whole position.
agencies, etc., the investors should be wary of and should desist In this case, you will be liable for any losses incurred due to such
from acting on rumours. square-up/ Close Outs.
vii. System Risk d. Under certain market conditions, an Investor may find it difficult
a. High volume trading will frequently occur at the market opening or impossible to execute the transactions. For example, this
and before market close. Such high volumes may also occur at situation can occur due to factors such as illiquidity i.e. when
any point in the day. These may cause delays in order execution there are insufficient bids or offers or suspension of trading due to
or confirmation. price limit or circuit breakers etc.
b. During periods of volatility, on account of market participants
continuously modifying their order quantity or prices or placing e. Steps, such as, changes in the margin rate, increase in the
fresh orders, there may be delays in execution of order and its cash margin rate etc. may be adopted in order to maintain market
confirmation. stability. These new measures may be
c. Under certain market conditions, it may be difficult or impossi- applied to the existing open interests. In such conditions, you will
ble to liquidate a position in the market at a reasonable price or at be required to put up additional margins or reduce your positions.
all, when there are no outstanding orders either on the buy side or
the sell side, or if trading is halted in a commodity due to any f. You must ask your Member of the Exchange to provide the full
action on account of unusual trading activity or price hitting circuit details of the commodity derivatives contracts you plan to trade
filters or for any other reason. i.e. the contract specifications and the associated obligations.
viii. System/Network Congestion 3. Trading through wireless technology or any other technol-
Trading on the Exchange is in electronic mode, based on ogy:
satellite/leased line communications, combination of technologies Any additional provisions defining the features, risks, responsibili-
and computer systems to place and route orders. Thus, there ties, obligations and liabilities associated with commodities
exists a possibility of communication failure or system problems trading through wireless technology or any other technology
or slow or delayed response from system or trading halt, or any should be brought to the notice of the client by the member.
such other problem/glitch whereby not being able to establish
access to the trading system/network, which may be beyond the 4. General
control of and may result in delay in processing or not processing
buy or sell orders either in part or in full. You are cautioned to note i. Deposited cash and property:
that although these problems may be temporary in nature, but You should familiarize yourself with the protections accorded to
when you have outstanding open positions or unexecuted orders, the money or other property you deposit particularly in the event
these represent a risk because of your obligations to settle all of a firm become insolvent or bankrupt. The extent to which you
executed transactions may recover your money or property may be governed by
specific legislation or local rules. In some jurisdictions, property,
which has been specifically identifiable as your own, will be pro-
rated in the same manner as cash for purposes of distribution in
the event of a shortfall. In case of any dispute with the Member of
the Exchange, the same shall be subject to arbitration as per the
Rules, Bye-laws and Business Rules of the Exchange.
2. The Member, Authorized Person and the client shall be bound 11. A. Protection from unfair terms in financial contracts**
by all the Rules, Byelaws and Business Rules of the Exchange and a. An unfair term of a non-negotiated contract will be void.
circulars/notices issued there under and Rules and Regulations of b. A term is unfair if it –
SEBI and relevant notifications of Government authorities as may i. causes a significant imbalance in the rights and obligations of
be in force from time to time. the parties under the financial contract, to the detriment of the
Client; and
3. The client shall satisfy himself of the capacity of the Member to ii.is not reasonably necessary to protect the legitimate interests
deal in commodities and/or deal in derivatives contracts and of the Member.
wishes to execute its orders through the Member and the client c. The factors to be taken into account while determining whether
shall from time to time continue to satisfy itself of such capability a term is unfair, include –
of the Member before executing orders through the Member. i. the nature of the financial product or financial service dealt with
under the financial contract;
4. The Member shall continuously satisfy itself about the ii.the extent of transparency of the term;
genuineness and financial soundness of the client and investment **contracts offered by commodity exchanges
objectives relevant to the services to be provided. iii. the extent to which the term allows a Client to compare it
with other financial contracts for similar financial products or
5. The Member shall take steps to make the client aware of the financial services; and
precise nature of the Member’s liability for business to be iv. the financial contract as a whole and the terms of any other
conducted, including any limitations, the liability and the capacity contract on which it is dependent.
in which the Member acts. d. A term is transparent if it –
i. is expressed in reasonably plain language that is likely to be
6. Requirements of professional diligence understood by the Client;
a. The Member must exercise professional diligence while ii.is legible and presented clearly; and
entering into a financial contract or discharging iii. is readily available to the Client affected by the term.
any obligations under it. e. If a term of a financial contract is determined to be unfair under
b. “professional diligence” means the standard of skill and care point 11.A.c, the parties will continue to be bound by the
that a Member would be reasonably remaining terms of the financial contract to the extent that the
expected to exercise towards a Client, commensurate withi. financial contract is capable of enforcement without the unfair
i. honest market practice; term.
ii.the principle of good faith;
iii. level of knowledge, experience and expertise of the 11.B.
Client; a. “Non-negotiated contract” means a contract whose terms,
iv. the nature and degree of risk embodied in the financial other than the terms contained in point 11.C.
product* or financial service being availed by the Client; and (given below) are not negotiated between the parties to the
v.the extent of dependence of the Client on the Member. financial contract and includes –
*Commodity derivative contract i. a financial contract in which, relative to the Client, the Member
has a substantially greater bargaining power in determining terms
7. The Authorized Person shall provide necessary assistance and of the financial contract; and
co-operate with the Member in all its dealings with the client(s). ii.a standard form contract.
b. “Standard form contract” means a financial contract that is
Client Information substantially not negotiable for the Client, except for the terms
8. The client shall furnish all such details in full as are required by contained in point 11.C.
the Member in "Account Opening Form” with supporting details, c. Even if some terms of a financial contract are negotiated in
made mandatory by commodity exchanges/SEBI from time to form, the financial contract may be regarded as a non-negotiated
time. contract if so indicated by –
i. an overall and substantial assessment of the financial contract;
9. The client shall familiarize himself with all the mandatory and
provisions in the Account Opening documents. Any additional ii.the substantial circumstances surrounding the financial
clauses or documents specified by the Member shall be non- contract
mandatory; therefore, subject to specific acceptance by the client. d. In a claim that a financial contract is a non-negotiated contract,
the onus of demonstrating otherwise will be on the Member.
10. The client shall immediately notify the Member in writing if
there is any change in the information in the ‘account opening
11. C. v. the disclosure is directly related to the provision of a financial
a. The above does not apply to a term of a financial contract if it – product or financial service to the Client, if the Member –
i. defines the subject matter of the financial contract; 1. informs the Client in advance that the personal information may
ii. sets the price that is paid, or payable, for the provision of the be shared with a third party; and
financial product or financial service under the financial contract 2. makes arrangements to ensure that the third party maintains
and has been clearly disclosed to the Client; or the confidentiality of the personal information in the same manner
iii. is required, or expressly permitted, under any law or regula- as required under this Part; or
tions. vi. the disclosure is made to protect against or prevent actual or
b. The exemption under point 11.C does not apply to a term that potential fraud, unauthorised transactions or claims, if the
deals with the payment of an amount which is contingent on the Member arranges with the third party to maintain the confidential-
occurrence or non- occurrence of any particular event. ity of the personal information in the manner required under this
Part.-
12. The Member and Authorized Person shall maintain all the c. “Third party” means any person other than the concerned
details of the client as mentioned in the account opening form or Member, including a person belonging to the same group as the
any other information pertaining to the client, confidentially and Member.
that they shall not disclose the same to any person/authority
except as required under any law/regulatory requirements. 14. A. Requirement of fair disclosure both initially and on
Provided however that the Member may so disclose information continuing basis
about his client to any person or authority with the express a. Member must ensure fair disclosure of information that is likely
permission of the client. to be required by a Client to make an informed transactional
decision.
13. A. Protection of personal information and confidentiality b. In order to constitute fair disclosure, the information must be
a. “Personal information” means any information that relates to a provided –
Client or allows a Client’s identity to be inferred, directly or i. sufficiently before the Client enters into a financial contract, so
indirectly, and includes – as to allow the Client reasonable time to understand the informa-
i. name and contact information; tion;
ii. biometric information, in case of individuals ii. in writing and in a manner that is likely to be understood by a
iii. information relating to transactions in, or holdings of, financial Client belonging to a particular category; and
products iii. in a manner that enables the Client to make reasonable
iv. information relating to the use of financial services; or comparison of the financial product or financial service with other
v. such other information as may be specified. similar financial products or financial services.
c. The types of information that must be disclosed to a Client in
13. B. relation to a financial product or financial service, which may
a. A Member must – include information regarding –
i. not collect personal information relating to a Client in excess of i. main characteristics of the financial product or financial service,
what is required for the provision of a financial product or including its features, benefits and risks to the Client;
financial service; ii. consideration to be paid for the financial product or financial
ii. maintain the confidentiality of personal information relating to service or the manner in which the consideration is calculated;
Clients and not disclose it to a third party, except in a manner iii. existence, exclusion or effect of any term in the financial
expressly permitted under point 13.B.b.; product or financial contract;
iii. make best efforts to ensure that any personal information iv. nature, attributes and rights of the Member, including its
relating to a Client that it holds is accurate, up to date and identity, regulatory status and affiliations;
complete; v. contact details of the Member and the methods of communica-
iv. ensure that Clients can obtain reasonable access to their tion to be used between the Member and the Client;
personal information, subject to any exceptions that the Regulator vi. rights of the Client to rescind a financial contract within a
may specify; and specified period; or
v. allow Clients an effective opportunity to seek modifications to vii. rights of the Client under any law or regulations.
their personal information to ensure that the personal information
held by the Member is accurate, up to date and complete. 14. B.
b. A Member may disclose personal information relating to a a. Member must provide a Client that is availing a financial
Client to a third party only if – product or financial service provided by it, with
i. it has obtained prior written informed consent of the Client for the following continuing disclosures –
the disclosure, after giving the Client an effective opportunity to i. any material change to the information that was required to be
refuse consent; disclosed under point 14.A at
ii. the Client has directed the disclosure to be made; the time when the Client initially availed the financial product or
iii. the Regulator has approved or ordered the disclosure, and financial service;
unless prohibited by the relevant law or regulations, the Client is ii. information relating to the status or performance of a financial
given an opportunity to represent under such law or regulations product held by the Client, as may be required to assess the
against such disclosure; rights or interests in the financial product or financial service; and
iv. the disclosure is required under any law or regulations, and iii. any other information that may be specified.
unless prohibited by such law or regulations, the Client is given an b. A continuing disclosure must be made –
opportunity to represent under such law or regulations against I within a reasonable time-period from the occurrence of any
such disclosure;
material change or at reasonable periodic intervals, as applicable; 22. The Client shall pay to the Member brokerage and statutory
and levies as are prevailing from time to time and as they apply to the
ii. in writing and in a manner that is likely to be understood by a Client’s account, transactions and to the services that Member
Client belonging to that category. renders to the Client. The Member shall not charge brokerage
more than the maximum brokerage permissible as per the Rules,
Margins Business Rules and Bye-laws of the relevant commodity
exchanges and/or Rules of SEBI.
15. The client shall pay applicable initial margins, withholding
margins, special margins or such other margins as are consid- Liquidation and close out of position
ered necessary by the Member or the Exchange or as may be
directed by SEBI from time to time as applicable to the seg- 23. Without prejudice to the Member's other rights (including the
ment(s) in which the client trades. The Member is permitted in its right to refer a matter to arbitration), the client understands that
sole and absolute discretion to collect additional margins (even the Member shall be entitled to liquidate/close out all or any of the
though not required by the Exchange or SEBI) and the client shall client's positions for nonpayment of margins or other amounts,
be obliged to pay such margins within the stipulated time. outstanding debts, etc. and adjust the proceeds of such liquida-
tion/close out, if any, against the client's liabilities/obligations. Any
16. The client understands that payment of margins by the client and all losses and financial charges on account of such liquida-
does not necessarily imply complete satisfaction of all dues. In tion/closing-out shall be charged to and borne by the client.
spite of consistently having paid margins, the client may, on the
settlement of its trade, be obliged to pay (or entitled to receive) 24. In the event of death or insolvency of the client or his/its
such further sums as the contract may dic- otherwise becoming incapable of receiving and paying for or
tate/requireTransactions & Settlements delivering or transferring commodities which the client has
ordered to be bought or sold, Member may close out the
17. The client shall give any order for buy or sell of commodities transaction of the client and claim losses, if any, against the
derivatives contract in writing or in such form or manner, as may estate of the client. The client or his nominees, successors, heirs
be mutually agreed between the client and the Member however and assignee shall be entitled to any surplus which may result
ensuring the regulatory requirements in this regard are complied there from. The client shall note that transfer of
with. The Member shall ensure to place orders and execute the funds/commodities in favor of a Nominee shall be valid discharge
trades of the client, only in the Unique Client Code assigned to by the Member against the legal heir.
that client.
Dispute Resolution
18. The Member shall inform the client and keep him apprised
about trading/settlement cycles, delivery/payment schedules, any 25. The Member shall co-operate in redressing grievances of the
changes therein from time to time, and it shall be the responsibil- client in respect of all transactions routed through it.
ity in turn of the client to comply with such schedules/procedures 26. The client and the Member shall refer any claims and/or
of the relevant commodity exchange where the trade is executed. disputes with respect to deposits, margin money, etc., to
arbitration as per the Rules, Byelaws and Business Rules of the
19. The Member shall ensure that the money deposited by the Exchanges where the trade is executed and circulars/notices
client shall be kept in a separate account, distinct from his/its own issued thereunder as may be in force from time to time.
account or account of any other client and shall not be used by
the Member for himself/itself or for any other client or for any 27. The client/Member understands that the instructions issued
purpose other than the purposes mentioned in Rules, circulars, by an authorized representative for dispute resolution, if any, of
notices, guidelines of SEBI and/or Rules, Business Rules, Bye- the client/Member shall be binding on the client/Member in
laws, circulars and notices of Exchange. accordance with the letter authorizing the said representative to
deal on behalf of the said client/Member.
20. Where the Exchange(s) cancels trade(s) suo moto all such
trades including the trade/s done on behalf of the client shall ipso 28. Requirement for each Member to have an effective grievance
facto stand cancelled, Member shall be entitled to cancel the redress mechanism which is accessible to all its Clients
respective contract(s) with client(s). a. A Member must have in place an effective mechanism to
receive and redress complaints from its Clients in relation to
21. The transactions executed on the Exchange are subject to financial products or financial services provided by it, or on its
Rules, Byelaws and Business Rules and circulars/notices issued behalf, in a prompt and fair manner.
thereunder of the Exchanges where the trade is executed and all b. A Member must inform a Client, at the commencement of
parties to such trade shall have submitted to the jurisdiction of relationship with the Client and at such other time when the
such court as may be specified by the Byelaws and Business information is likely to be required by the Client, of –
Rules of i. the Client’s right to seek redress for any complaints; and
the Exchanges where the trade is executed for the purpose of ii. the processes followed by the Member to receive and redress
giving effect to the provisions of the Rules, Byelaws and Business complaints from its Clients.
Rules of the Exchanges and the circulars/notices issued thereun-
der. 29. A. Suitability of advice for the Client
Right to receive advice that is suitable taking into account the
Brokerage relevant personal circumstances of the Client, such
as the Clients financial circumstances and needs. This obligation
would apply to persons who render advice to Clients and the
regulator may specify categories of financial products and service 33. In the event of demise/insolvency of the Authorized Person or
that necessarily require such advice to be given. the cancellation of his/its registration with the Board or/withdrawal
a. A Member must – of recognition of the Authorized Person by the commodity
i. make all efforts to obtain correct and adequate information exchange and/or termination of the agreement with the Authorized
about the relevant personal circumstances of a Client; and Person by the Member, for any reason whatsoever, the client shall
ii. ensure that the advice given is suitable for the Client after due be informed of such termination and the client shall be deemed to
consideration of the relevant personal circumstances of the Client. be the direct client of the Member and all clauses in the ‘Rights
b. If it is reasonably apparent to the Member that the available and Obligations’ document(s) governing the Member, Authorized
information regarding the relevant personal circumstances of a Person and client shall continue to be in force as it is, unless the
Client is incomplete or inaccurate, the Member must warn the client intimates to the Member his/its intention to terminate their
Client of the consequences of proceeding on the basis of relationship by giving a notice in writing of not less than one
incomplete or inaccurate information. month.
c. If a Client intends to avail of a financial product or financial
service that the Member determines unsuitable for the Client, the Additional Rights & Obligations
Member –
i. must clearly communicate its advice to the Client in writing and 34. The Member and client shall reconcile and settle their
in a manner that is likely to be understood by the Client; and accounts from time to time as per the Rules, Business Rules, Bye
ii. may provide the financial product or financial service requested Laws, Circulars, Notices and Guidelines issued by SEBI and the
by the Client only after complying with point 29.A.a and obtaining relevant Exchanges where the trade is executed.
a written acknowledgement from the Client.
35. The Member shall issue a contract note to his clients for
30. Dealing with conflict of interest trades executed in such format as may be prescribed by the
In case of any conflict between the interests of a Client and that of Exchange from time to time containing records of all transactions
the Member, preference must be given to the Client interests. including details of order number, trade number, trade time, trade
a. A member must – price, trade quantity, details of the derivatives contract, client
i. provide a Client with information regarding any conflict of code, brokerage, all charges levied etc. and with all other relevant
interests, including any conflicted remuneration that the Member details as required therein to be filled in and issued in such
has received or expects to receive for making the advice to the manner and within such time as prescribed by the Exchange. The
Client; and Member shall send contract notes to the investors within 24
ii. give priority to the interests of the Client if the Member knows, hours of the execution of the trades in hard copy and/or in
or reasonably ought to know, of a conflict between – electronic form using digital signature.
1. its own interests and the interests of the Client; or 2. the
interests of the concerned Member and interests of the Client, in 36. The Member shall make pay out of funds or delivery of
cases where the Member is a financial representative. commodities as per the Exchange Rules, Bye-Laws, Business
b. The information under point 16a.i. must be given to the Client Rules and Circulars, as the case may be, to the Client on receipt
in writing and in a manner that is likely to be understood by the of the payout from the relevant Exchange where the trade is
Client and a written acknowledgment of the receipt of the executed unless otherwise specified by the client and subject to
information should be obtained from the Client. such terms and conditions as may be prescribed by the relevant
c. In this section, “conflicted remuneration” means any benefit, Exchange from time to time where the trade is executed.
whether monetary or non-monetary, derived by a Member from
persons other than Clients that could, under the circumstances, 37. The Member shall send a complete `Statement of Accounts’
reasonably be expected to influence the advice given by the for both funds and commodities in respect of each of its clients in
Member to a Client. such periodicity and format within such time, as may be pre-
scribed by the relevant Exchange, from time to time, where the
Termination of Relationship trade is executed. The Statement shall also state that the client
shall report errors, if any, in the Statement within such time as
31. This relationship between the Member and the client shall be
may be prescribed by the relevant Exchange from time to time
terminated; if the Member for any reason ceases to be a member
where the trade was executed, from the receipt thereof to the
of the commodity exchange including cessation of membership
Stock broker.
by reason of the Member's default, death, resignation or expulsion
or if the certificate is cancelled by the Exchange. 38. The Member shall send margin statements to the clients on
daily basis. Margin statement should include, interalia, details of
32. The Member, Authorized Person and the client shall be entitled
collateral deposited, collateral utilized and collateral status
to terminate the relationship between them without giving any
(available balance/due from client) with break up in terms of cash,
reasons to the other party, after giving notice in writing of not less
Fixed Deposit Receipts (FDRs), Bank Guarantee, warehouse
than one month to the other parties. Notwithstanding any such
receipts, securities etc.
termination, all rights, liabilities and obligations of the parties
arising out of or in respect of transactions entered into prior to the 39. The Client shall ensure that it has the required legal capacity
termination of this relationship shall continue to subsist and vest to, and is authorized to, enter into the relationship with Member
in/be binding on the respective parties or his/its respective heirs, and is capable of performing his obligations and undertakings
executors, administrators, legal representatives or successors, as hereunder. All actions required to be taken to ensure compliance
the case may be.
of all the transactions, which the Client may enter into shall be iv. any non-contractual barriers imposed by the Member where
completed by the Client prior to such transaction being entered the Client wishes to exercise rights under a financial contract,
into. including –
v. the right to terminate the financial contract;
40. In case, where a member surrenders his/ her/ its member- vi. the right to switch to another financial product or another
ship, Member gives a public notice inviting claims, if ny, from Member and
investors. In case of a claim relating to transactions executed on vii. a threat to take any action, depending on the circumstances in
the trading system of the Exchange, ensure that client lodge a which the threat is made.
claim with the Exchange within the stipulated period and with the
supporting documents. Electronic Contract Notes (ECN)
41. A. Protection from unfair conduct which includes misleading 42. In case, client opts to receive the contract note in electronic
conduct & abusive conduct form, he shall provide an appropriate e-mail id to the stock broker.
a. Unfair conduct in relation to financial products or financial The client shall communicate to the stock broker any change in
services is prohibited. the email-id through a physical letter. If the client has opted for
b. “Unfair conduct” means an act or omission by a Member or its internet trading, the request for change of email id may be made
financial representative that significantly impairs, or is likely to through the secured access by way of client specific user id and
significantly impair, the ability of a Client to make an informed password.
transactional decision and includes –
i. misleading conduct under point 41.B 43. The Member shall ensure that all ECNs sent through the e-mail
ii. abusive conduct under point 41.C shall be digitally signed, encrypted, non tamperable and in
iii. such other conduct as may be specified. compliance with the provisions of the IT Act, 2000. In case, ECN
is sent through e-mail as an attachment, the attached file shall
41. B. also be secured with the digital signature, encrypted and non-
a. Conduct of a Member or its financial representative in relation tamperable.
to a determinative factor is misleading if
it is likely to cause the Client to take a transactional decision that 44. The client shall note that non-receipt of bounced mail
the Client would not have taken otherwise, and the conduct notification by the Member shall amount to delivery of the contract
involves – note at the e-mail ID of the client.
i. providing the Client with inaccurate information or information
that the Member or financial representative does not believe to be 45. The Member shall retain ECN and acknowledgement of the e-
true; or mail in a soft and non-tamperable form in the manner prescribed
ii. providing accurate information to the Client in a manner that is by the exchange in compliance with the provisions of the IT Act,
deceptive. 2000 and as per the extant rules/circulars/guidelines issued by
b. In determining whether a conduct is misleading under point SEBI/Commodity exchanges from time to time. The proof of
41.B.a, the following factors must be considered to be “determi- delivery i.e., log report generated by the system at the time of
native factors” – sending the contract notes shall be maintained by the Member for
i. the main characteristics of a financial product or financial the specified period under the extant rules/circulars/guidelines
service, including its features, benefits and risks to the Client; issued by SEBI/Commodity exchanges. The log report shall
ii. the Client’s need for a particular financial product or financial provide the details of the contract notes that are not delivered to
service or its suitability for the Client; the client/e-mails rejected or bounced back. The Member shall
iii. the consideration to be paid for the financial product or take all possible steps to ensure receipt of notification of bounced
financial service or the manner in which the consideration is mails by him at all times within the stipulated time periodunder the
calculated; extant rules/circulars/guidelines issued by SEBI/Commodity
iv. the existence, exclusion or effect of any term in a financial exchanges.
contract, which is material term in the context of that financial
contract;v. the nature, attributes and rights of the Member, 46. The Member shall continue to send contract notes in the
including its identity, regulatory status and affiliations; and physical mode to such clients who do not opt to receive the
vi. the rights of the Client under any law or regulations. contract notes in the electronic form. Wherever the ECNs have not
been delivered to the client or has been rejected (bouncing of
41. C. mails) by the e-mail ID of the client, the Member shall send a
a. A conduct of a Member or its financial representative in relation physical contract note to the client within the stipulated time under
to a financial product or financial service is abusive if it – the extant Regulations/ Rules, Bye-Laws, Business Rules and
i. involves the use of coercion or undue influence; and
Circulars of SEBI/commodity exchanges and maintain the proof of
ii. causes or is likely to cause the Client to take a transactional dispatch and delivery of such physical contract notes.
decision that the Client would not have taken otherwise.
b. In determining whether a conduct uses coercion or undue 47. In addition to the e-mail communication of the ECNs to the
influence, the following must be considered – client, the Member shall simultaneously publish the ECN on his
i. the timing, location, nature or persistence of the conduct; designated web-site, if any, in a secured way and enable relevant
ii. the use of threatening or abusive language or behavior;
iii. the exploitation of any particular misfortune or circumstance of
the Client, of which the Member is aware, to influence the Client’s
decision with regard to a financial product or financial service;
access to the clients and for this purpose, shall allot a unique user
name and password to the client, with an option to the client to
save the contract note electronically and/or take a print out of the
same.
50. The Member and the client shall abide by any award passed
by the Arbitrator(s) under the Arbitration and Conciliation Act,
1996. However, there is also a provision of appeal, if either party
is not satisfied with the arbitration award.
51. Words and expressions which are used in this document but
which are not defined herein shall, unless the context otherwise
requires, have the same meaning as assigned thereto in the Rules,
Byelaws and Regulations/Business Rules and circu-
lars/notices issued thereunder of the Exchanges/SEBI.
53. If the rights and obligations of the parties hereto are altered by
virtue of change in Rules of SEBI or Bye-laws, Rules and Business
Rules of the relevant commodity exchanges where the trade is
executed, such changes shall be deemed to have been
incorporated herein in modification of the rights and obligations of
the parties mentioned in this document.
1. An option holder runs the risk of losing the entire amount paid for the option in a relatively short period of
time. This risk reflects the nature of an option as a wasting asset which becomes worthless when it expires.
An option holder who neither sells his option in the secondary market nor exercises it prior to its expiration
will necessarily lose his entire investment in the option. If the price of the underlying does not change in the
anticipated direction before the option expires, to an extent sufficient to cover the cost of the option, the
investor may lose all or a significant part of his investment in the option.
2. The Exchanges may impose exercise restrictions and have absolute authority to restrict the exercise of
options at certain times in specified circumstances.
1. If the price movement of the underlying is not in the anticipated direction, the option writer runs the risks
of losing substantial amount.
2. The risk of being an option writer may be reduced by the purchase of other options on the same
underlying interest and thereby assuming a spread position or by acquiring other types of hedging positions
in the options markets or other markets. However, even where the writer has assumed a spread or other
hedging position, the risks may still be significant. A spread position is not necessarily less risky than a
simple 'long' or 'short' position.
3. Transactions that involve buying and writing multiple options in combination, or buying or writing options
in combination with buying or selling short the underlying interests, present additional risks to investors.
Combination transactions, such as option spreads, are more complex than buying or writing a single option.
And it should be further noted that, as in any area of investing, a complexity not well understood is, in itself,
a risk factor. While this is not to suggest that combination strategies should not be considered, it is
advisable, as is the case with all investments in options, to consult with someone who is experienced and
knowledgeable with respect to the risks and potential rewards of combination transactions under various
market circumstances.
Prodecure to lodge a complaint online on SEBI SCORES
1. From 1st August 2018, it has been made mandatory to register on SEBI SCORES for lodging a complaint.
2. To become a registered user of SCORES, investors may click on “Register here” under “Investor Corner”
appearing on the homepage of SCORES portal. Investors will have to fill in Registration form. Fields like Name,
Address, E-mail Address, PAN and Mobile Number are mandatory fields and are required to be filled up. The
username and password of SCORES will be sent to the investor’s registered email id. If an investor is already a
registered user, they can login by entering their username and password.
3. After logging into SCORES, investors must click on “Complaint Registration” under “Investor Corner”.
5. Investors must select the correct complaint category, entity name, and nature of complaint.
7. A PDF document (up to 2MB of size for each nature of complaint) can also be attached along with the complaint
as supporting document.
On successful submission of complaint, system generated unique registration number will be displayed on the
screen which may be noted for future correspondence. An email acknowledging the complaint with complaint
registration number will also be sent to the email id entered in the complaint registration form. A text message will
also be sent to the investor informing them about registration of the complaint.