Executive Summary:
This circular, issued by SEBI on October 19, 2020, provides additional guidelines regarding the utilization of funds created from regulatory fees forgone by SEBI. The circular allows Stock Exchanges to use these funds for additional activities aimed at encouraging participation of Farmers/FPOs in agricultural commodity derivatives markets due to low participation and pandemic challenges. Stock Exchanges must revise their action plans for FY 2020-21, disclose fund corpus and utilization monthly on their website, and include details in the Monthly Development Report (MDR).
Key Points / Main Content:
* **Fund Utilization Expansion:**
* Stock Exchanges can utilize funds for additional activities to benefit Farmers/FPOs in agricultural commodity derivatives markets.
* **Permitted Activities for Fund Utilization:**
* Reimbursement of Mandi tax for goods deposited in accredited warehouses with exchange-specific eNWRs.
* Reimbursement of assaying, cleaning, drying, sorting, storage, and transportation charges for goods deposited in accredited warehouses with exchange-specific eNWRs.
* Incentivizing Option Premium by reimbursing a percentage or fixed amount of premium paid by Farmers/FPOs for purchasing options in goods.
* Reimbursement of fees levied by Clearing Corporations on Farmers/FPOs.
* **Transparency and Reporting:**
* Stock Exchanges must revise their action plan for FY 2020-21 and disseminate it on their website.
* Stock Exchanges must disclose the fund's corpus and utilization on their website monthly.
* Stock Exchanges must include fund details in the Monthly Development Report (MDR).
* **General Provisions:**
* All other provisions of the circular dated March 20, 2019, remain in force.
* The circular is effective from October 19, 2020.
* **Stock Exchange Responsibilities:**
* Amend relevant byelaws, rules, and regulations.
* Inform stock brokers and disseminate information on their website.
* Communicate the implementation status to SEBI.
Impact Analysis:
**Stock Exchanges:**
* Impact: Expanded scope for utilizing funds to support Farmers/FPOs; increased reporting and transparency requirements.
* Action Required: Revise action plan for FY 2020-21, implement expanded fund utilization activities, ensure monthly website disclosures, include fund details in MDR, amend byelaws, inform brokers, and report implementation status to SEBI.
**Farmers/FPOs:**
* Impact: Potential for reduced costs associated with participating in agricultural commodity derivatives markets through reimbursements and incentives.
* Action Required: Participate in commodity derivatives trading and utilize available reimbursements for Mandi tax, other charges, and option premiums.
**Clearing Corporations:**
* Impact: Potential reimbursement of fees levied on Farmers/FPOs
* Action Required: Implement processes for fee reimbursement, as required by stock exchanges.
**Stock Brokers:**
* Impact: Need to be aware of the changes to advise their clients (Farmers/FPOs) appropriately.
* Action Required: Familiarize themselves with the new provisions and communicate them to relevant clients.
Key Entities Referenced
Securities and Exchange Board of India (SEBI): The regulatory body issuing the circular and responsible for overseeing the securities market in India.
Commodity Derivatives Advisory Committee (CDAC): A committee that deliberated on the matter of unutilized funds and provided recommendations to SEBI.
Farmers Producers Organizations (FPOs): Organizations of farmers that are the intended beneficiaries of the fund utilization initiatives.
Stock Exchanges: Recognized stock exchanges having commodity derivatives segments that are directed to utilize the fund and implement the guidelines.
Clearing Corporations: Entities that provide clearing and settlement services for transactions on the exchange platform and accredit warehouses.
Electronic Negotiable Warehouse Receipt (eNWR): An exchange-specific electronic receipt generated for goods deposited in accredited warehouses, used for delivery on the Exchange platform.
Securities and Exchange Board of India Act, 1992: The legal framework under which SEBI exercises its powers to regulate the securities market.
FY 2020-21: Financial year for which the Stock Exchanges can revise their action plan for utilisation of regulatory fee foregone by SEBI
CIRCULAR
SEBI/HO/CDMRD/DNPMP/CIR/P/2020/206 October 19, 2020
To,
The Managing Directors / Chief Executive Officers
All Recognized Stock Exchanges having Commodity Derivatives Segment
Dear Sir / Madam,
Sub: Utilization of Fund Created out of the Regulatory Fee Forgone by SEBI –
Additional Guidelines
1. In order to encourage the participation of Farmers / Farmers Producers
Organizations (FPOs) in agricultural commodity derivatives markets, the Stock
Exchanges have created a separate fund, out of the regulatory fee so forgone by
SEBI. The Stock Exchanges have been permitted by SEBI to utilize the said fund
exclusively for the benefit of and easy participation by Farmers / FPOs in the
agricultural commodity derivatives market, in accordance with the guidelines
specified vide SEBI circular no. SEBI/HO/CDMRD/DMP/CIR/P/2019/40 dated
March 20, 2019.
2. Due to low participation by Farmers / FPOs in agricultural commodity derivatives
market coupled with the challenges posed by the pandemic situation, a sizeable
portion of the fund has remained unutilized. The matter was, therefore, deliberated
in the Commodity Derivatives Advisory Committee (CDAC) and based on the
recommendations of CDAC, it has been decided to permit the Stock Exchanges to
utilize the said fund for the following additional activities :
2.1. Reimbursement of Mandi tax: Reimbursement of Mandi tax including any
other mandi cess or whatever name it may be called, levied against the goods
deposited in warehouses accredited with Clearing Corporations for the
purpose of delivering on Exchange platform for which exchange specific
Electronic Negotiable Warehouse Receipt (eNWR) is generated.
2.2. Reimbursement of assaying, cleaning, drying, sorting, storage and
transportation charges: Farmers/FPOs can be reimbursed the charges
incurred towards assaying, cleaning, drying, sorting, storage and
transportation in respect of goods deposited in warehouses accredited with
Clearing Corporations with an intention to deliver them on Exchange Platform
for which exchange specific eNWR is generated.
2.3. Incentivising Option Premium: The Farmers / FPOs can be incentivized to
participate in “options in goods”. For this purpose, the Farmers / FPOs can be
Page 1 of 2reimbursed a certain percentage or fixed amount of the premium paid by them,
for purchasing “options in goods” on the exchange platform.
2.4. Reimbursement of fees levied by Clearing Corporation: Fees/cost levied
by Clearing Corporation, if any, on Farmers/FPOs in the process of their
participation in commodity derivatives trading can be reimbursed.
3. The Stock Exchanges can revise their action plan for utilisation of regulatory fee
foregone by SEBI for FY 2020-21 incorporating the abovementioned activities and
the revised plan, if any, shall be disseminated on their website.
4. Further, in order to enhance transparency, the Stock Exchanges are advised to
make disclosure regarding the corpus of the fund and its utilization, on their
website, on a monthly basis.
5. The Stock Exchanges are further advised to include the details of the corpus of
the fund and its utilization in the Monthly Development Report (MDR).
6. All other extant provisions of the circular dated March 20, 2019 shall continue to
remain in force.
7. The provisions of this circular shall be effective from the date of this circular.
8. This circular is issued in exercise of powers conferred under Section 11 (1) of the
Securities and Exchange Board of India Act, 1992, to protect the interests of
investors in securities and to promote the development of, and to regulate the
securities market.
9. The Stock Exchanges are advised to:
i. to make necessary amendments to the relevant bye-laws, rules and
regulations;
ii. bring the provisions of this circular to the notice of the stock brokers of the
Exchange and also to disseminate the same on their website; and
iii. communicate to SEBI, the status of the implementation of the provisions of this
circular.
10. This circular is available on SEBI website www.sebi.gov.in under the category
“Circulars” and “Info for Commodity Derivatives”.
Yours faithfully,
Vikas Sukhwal
General Manager
Division of New Products and Market Policy
Commodity Derivatives Market Regulation Department
Email: vikass@sebi.gov.in
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