DCA
to probe books of 94 companies
New Delhi: Department of Company Affairs has started inspection
into the books of accounts of 94 companies following the findings of
the Sebi report on the securities scam. The list of corporate entities
being probed by DCA includes companies belonging to brokers like Ketan
Parekh, Nirmal Bang, Shankar Sharma and Anand Rathi as also
HFCL, Nirma, Ranbaxy, Cyberspace, JM Morgan Stanley, CSFB, GTB, Global
Tele, Zee, Amara Raja and Silverline.
In its report, Sebi has given details of how corporate houses, brokers
and FIIs acted to manipulate the stock markets.
The DCA order that sought the records of the corporate entities on a
priority basis, will give the investigative agencies access to the
flow of funds of the companies to see if they complied with the rules.
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SEBI
moots central monitoring authority
New Delhi: Sebi has suggested setting up of a central authority
to monitor flow of funds into the market to prevent stock scams in
future. In its 1500-page interim report on the securities scam, Sebi
said establishment of such monitoring authority would insulate the
securities market from the vagaries of indiscriminate funding.
It said every person and entity participating in the securities market
should be monitored by the central authority by allotting 'unique
client code' on the lines of security number of the US or electoral
identity number.
Such a central authority could be set up after the parliament passes
the money laundering bill.
At present, there is no
regulation or monitoring of flow of funds in and out of the securities
market and this was a major contributor to stock market upheavals.
The report said brokers should be required to disclose the source of
their own, borrowed and client funds to the central authority for
trading in excess of a certain limit of say Rs five crore in a month
or Rs 20 crore in a year. This requirement should be made applicable
to clients as well.
It said submission of annual audited accounts by every person or
entity participating in the stock market for gross turnover in excess
of certain limit, say Rs 5 crore a month or Rs 20 crore a year, be
made mandatory.
Sebi also suggested changes in the policy for sub-accounts of foreign
institutional investors (FII) as investigations of trading pattern
revealed that these entities might have been used for parking of
shares and creation of an artificial market.
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Sebi wants
OCBs out of markets
New Delhi: Sebi has recommended a ban on investments by
overseas corporate bodies (OCB) in the domestic capital markets. The
recommendation follows evidence of large-scale irregularities in their
dealings.
At present, OCBs owned
directly or indirectly upto the extent of at least 60 per cent by NRIs
or persons of Indian origin are allowed to invest in
shares/convertible debentures of Indian companies under the portfolio
investment scheme through a registered broker on a recognised stock
exchange.
Sebi has suggested that the
sub-accounts of foreign institutional investors (FIIs) be asked to
report all their participatory note transactions to it on a regular
basis.
It has also suggested a slew
of measures to prevent circumvention of rules and regulations by
corporate houses through flotation of a complicated web of investment
companies.
Sebi has recommended that a
parent company should not be allowed to have more than one investment
company even, while acknowledging that a company should have the right
to set up any number of subsidiary or associate companies or
partnerships for manufacturing and trading activity.
"The funds given by the
corporate houses to the front companies (investment companies) for
various purposes are often in reality used for stock market
operations'' the SEBI report noted.
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