Executive Summary:
The Reserve Bank of India (RBI) issued the Prevention of Market Abuse Directions, 2019, effective March 15, 2019, to prevent abuse in markets regulated by the RBI, aligning with global best practices. These directions follow the draft released for public comment on September 28, 2018, and apply to participants in financial instrument markets, excluding transactions through recognized stock exchanges regulated by SEBI. The directions outline prohibited activities and reporting requirements for market participants.
Key Points / Main Content:
* **Scope and Application:**
* These Directions are called the Reserve Bank of India Prevention of Market Abuse Directions, 2019.
* Effective date: March 15, 2019.
* Applies to all participants in markets for financial instruments, excluding transactions executed through recognized stock exchanges under SEBI regulations.
* Does not apply to the Bank and the Central Government acting in furtherance of monetary policy, fiscal policy, or other public policy objectives.
* **Definitions:**
* Defines key terms such as "Artificial price," "Benchmarks," "Electronic Trading Platform (ETP)," "Financial instruments," "Market abuse," "Market manipulation," "Market participant," "Pricesensitive customer information," "Publicly available," "Recognized stock exchange," "Reference rate," and "Transactions."
* Market abuse includes market manipulation, benchmark manipulation, misuse of information, or any other similar practice.
* Market manipulation includes actions creating false impressions of price, supply, or demand for undue financial gain, or actions resulting in an artificial price.
* **Prohibitions:**
* Market participants are prohibited from engaging in or attempting market manipulation.
* Market participants are prohibited from undertaking transactions on an ETP that may disrupt or delay its functioning.
* Market participants are prohibited from manipulating benchmark rates or reference rates, either independently or in collusion.
* Market participants are prohibited from using nonpublic pricesensitive information for material benefit.
* Market participants are prohibited from using pricesensitive customer information for their own transactions in a way that adversely affects the customer.
* Market participants are prohibited from intentionally creating, transmitting false or inaccurate information, or withholding timely information that influences the price of any financial instrument.
* **Monitoring, Compliance, and Reporting:**
* Market participants must report any detected instance or attempted instance of market abuse to the Bank promptly.
* Market participants must provide data and/or information as required by the Bank in the prescribed format and timeframe.
* **Regulatory Action:**
* Market participants committing market abuse may be denied access to markets in one or more instruments for up to one month at a time, after being given a reasonable opportunity to defend their actions.
* All instances of such action shall be made public by the Bank.
Impact Analysis:
* **Market Participants:**
Impact: Subject to the new regulations prohibiting market manipulation, benchmark manipulation, and misuse of information. They must also adhere to monitoring, compliance, and reporting requirements.
Action Required: Implement internal controls to prevent market abuse, monitor transactions for suspicious activity, and report any detected instances to the RBI. Provide data and information as required by the RBI.
Key Entities Referenced
Reserve Bank of India: The central bank of India, which has issued the Prevention of Market Abuse Directions, 2019.
Reserve Bank of India Prevention of Market Abuse Directions, 2019: The policy document being analyzed, which aims to prevent market abuse in markets regulated by the Reserve Bank of India.
Financial Markets Regulation Department: A department of the Reserve Bank of India involved in the regulation of financial markets.
Mumbai, Maharashtra: City in India where the Central Office of the Reserve Bank of India is located.
RBI Act, 1934: The Reserve Bank of India Act, 1934, which grants the Reserve Bank of India the authority to issue the directions.
Securities and Exchange Board of India: The regulatory body for the securities market in India; transactions executed through recognized stock exchanges under SEBI regulations are excluded from these directions.
Financial Benchmarks India Pvt. Ltd. FBIL: An organization that publishes benchmark rates; benchmarks published by FBIL are relevant to the definition of 'Benchmarks' and 'Reference rate' within the policy.
The Electronic Trading Platform Reserve Bank Directions, 2018: A set of directions issued by the Reserve Bank of India regarding Electronic Trading Platforms (ETPs).
RESERVE BANK OF INDIA
www.rbi.org.in
RBI/2018-19/141
FMRD.FMSD.11/11.01.012/2018-19 March 15, 2019
To
All eligible market participants
Dear Sir/Madam
Reserve Bank of India (Prevention of Market Abuse) Directions, 2019
Please refer to Paragraph 12 of the Statement on Developmental and Regulatory Policies of
the Second Bi-monthly Monetary Policy Statement for 2018-19 dated June 06, 2018,
wherein it was announced that the Reserve Bank shall introduce regulations, in line with best
global practices, to prevent abuse in markets regulated by the Reserve Bank.
2. The draft directions were released for public comments on September 28, 2018. Based on
the feedback received, the directions have been finalized as enclosed herewith.
Yours faithfully
(T. Rabi Sankar)
Chief General Manager
�वत्तीय बाज़ार �व�नयमन �वभाग,क�द्र�य कायार्लय, पहल� मंिजल, मुख्य भवन,शह�द भगत �सहं माग,र् फोटर्,मुंबई–400001.भारत
फोन: (91-22) 2260 3000,फैक्स: (91-22) 22702290 ई-मेल: cgmfmrd@rbi.org.in
Financial Markets Regulation Department, Central Office, 1st Floor, Main Building, Shahid Bhagat Singh Marg, Fort, Mumbai – 400001. India
Tel: (91-22) 2260 3000, Fax: (91-22) 22702290 e-mail- cgmfmrd@rbi.org.in
िहन्दी आसान है इसका प्रयोग बढ़ाइए
,RESERVE BANK OF INDIA
FINANCIAL MARKETS REGULATION DEPARTMENT
ST
1 FLOOR, CENTRAL OFFICE (MAIN BUILDING), FORT
MUMBAI 400 001
Notification No. FMRD.FMSD.12/2019 dated March 15, 2019
Reserve Bank of India (Prevention of Market Abuse) Directions, 2019
The Reserve Bank of India (herein after called the ‘Bank’), having considered it necessary
in public interest and to regulate the financial system of the country to its advantage, in
exercise of the powers conferred by section 45W of the RBI Act read with section 45U of
the Act and of all the powers enabling it in this behalf, hereby issues the following
Directions to all persons dealing in securities, money market instruments, foreign exchange
instruments, derivatives or other instruments of like nature as the Bank may specify from
time to time.
1. Short title, extent, commencement and application.
(1) These Directions shall be called the Reserve Bank of India (Prevention of Market Abuse)
Directions, 2019.
(2) They shall come into force on March 15, 2019.
(3) These Directions shall apply to transactions of all participants in markets for financial
instruments but shall exclude transactions executed through the recognized stock
exchanges under and in accordance with the regulations of the Securities and Exchange
Board of India. These Directions shall not apply to the Bank and the Central Government in
furtherance of monetary policy, fiscal policy or other public policy objectives.
2. Definitions.
(1) In these Directions, unless the context otherwise requires,
a) ‘Artificial price’ means the price of a financial instrument resulting from a
transaction, or any act of omission or commission, undertaken by a market participant
with the sole or dominant purpose of setting or securing the price of a financial
instrument or related instrument at a particular level or moving it in a particular direction.
b) ‘Benchmarks’ mean any benchmark rate published by the Financial Benchmarks
India Pvt. Ltd. (FBIL) or by any other agency specified by the Bank from time to time.
c) ‘Electronic Trading Platform (ETP)’ shall have the meaning assigned to it in
section 2(1)(iii) of The Electronic Trading Platform (Reserve Bank) Directions, 2018.d) ‘Financial instruments’ mean instruments referred to or specified under section
45W of the RBI Act.
e) ‘Market abuse’ includes market manipulation, benchmark manipulation, misuse of
information, or any other similar practice.
f) ‘Market manipulation’ means any transaction or any act of omission or commission
by a market participant, or a group of market participants acting in collusion, that may
result in, or seek to convey, a false or misleading impression as to the price of, or supply
of, or demand for, a financial instrument, carried out with the intention of making an
undue financial gain or any other material benefit. It shall also include any transaction or
action that may result in, or is intended to result in, an artificial price of a financial
instrument.
g) ‘Market participant’ means a person transacting or facilitating a transaction in the
markets for financial instruments.
h) ‘Price-sensitive customer information’ for any market participant means any
information pertaining to transactions or potential transactions of a customer that is not
publicly available, and which may affect the price of any financial instrument if made
publicly available.
i) ‘Publicly available’ in relation to information means any information which is
available on a non-discriminatory basis from any source.
j) ‘Recognized stock exchange’ shall have the meaning assigned to it in section 2(f)
of the Securities Contracts (Regulation) Act, 1956.
k) ‘Reference rate’ means any reference rate published by the FBIL or any other
agency as specified by the Bank from time to time.
l) ‘Transactions’ include orders, quotes, bids or offers, irrespective of whether they
result in a trade or not.
m) ‘Non-public price-sensitive information’ means any information that is not publicly
available, and which may affect the price of a financial instrument if made publicly
available.
(2) Words and expressions used, but not defined in these Directions, shall have the same
meaning assigned to them in the RBI Act, 1934.
3. Market manipulation:
(1) Market participants shall not engage in, or attempt to engage in, market manipulation.(2) Market participants shall not undertake transactions on an ETP that may disrupt or delay
its functioning.
4. Benchmark manipulation:
(1) Market participants, either acting independently or in collusion, shall not undertake any
action, with the intention to manipulate the calculation of a benchmark rate or a reference
rate.
(2) No market participant shall carry out a transaction or initiate any action with the sole or
dominant intention of influencing a benchmark rate or a reference rate.
5. Misuse of information:
(1) A market participant that is in possession of ‘Non-public price-sensitive information’ shall
not use it for any material benefit to itself or to others.
(2) Market participants shall not use ‘Price-sensitive customer information’ for transacting on
their own account in a manner that adversely affects the outcome for the customer in
that (those) transaction(s). They shall maintain confidentiality of price-sensitive customer
information.
(3) Market participants shall not intentionally create or transmit false or inaccurate
information, or, withhold timely information that is required to be reported or made public,
that influences or is likely to influence the price of any financial instrument. Transmission
of false or inaccurate information shall be deemed to have been done intentionally by a
market participant if it had not exercised due diligence as to the veracity of the
information before transmitting.
6. Monitoring, compliance and reports:
(1) Market participants shall report any instance of market abuse or attempted market abuse
detected by them to the Bank promptly.
(2) Market participants shall provide any data and/or information as required by the Bank in
the format and within the time frame prescribed.
7. Regulatory action for market abuse:
Market participants committing market abuse are liable to be denied access to markets in
one or more instruments for a period that may not exceed one month at a time. No such
action shall be taken by the Bank without providing reasonable opportunity to the market
participant to defend its actions. All instances of such action shall be made public by the
Bank.