This document is issued by the member of the National Stock Exchange of India
(herein after referred to as "NSE") / which has been formulated by the
Exchanges in coordination with the Securities and Exchange Board of India
(hereinafter referred to as "SEBI") and contains important information on
trading in Equities and F&O Segments of NSE. All prospective constituents
should read this document before trading on Capital Market/Cash Segment or
F&O segment of the Exchange.
NSE/SEBI does neither singly or jointly and expressly nor impliedly guarantee
nor make any representation concerning the completeness, the adequacy or
accuracy of this disclosure document nor has NSE/SEBI endorsed or passed any
merits of participating in the trading segments. This brief statement does not
disclose all the risks and other significant aspects of trading. In the light
of the risks involved, you should undertake transactions only if you understand
the nature of the contractual relationship into which you are entering and the
extent of your exposure to risk.
You must know and appreciate that investment in Equity shares, derivative or
other instruments traded on the Stock Exchange(s), which have varying element
of risk, is generally not an appropriate avenue for someone of limited
resources/limited investment and/or trading experience and low risk tolerance.
You should therefore carefully consider whether such trading is suitable for
you in the light of your financial condition. In case you trade on NSE and
suffer adverse consequences or loss, you shall be solely responsible for the
same and NSE, its Clearing Corporation/Clearing House and/or SEBI shall not be
responsible, in any manner whatsoever, for the same and it will not be open for
you to take a plea that no adequate disclosure regarding the risks involved was
made or that you were not explained the full risk involved by the concerned
member. The constituent shall be solely responsible for the consequences and no
contract can be rescinded on that account. You must acknowledge and accept that
there can be no guarantee of profits or no exception from losses while
executing orders for purchase and/or sale of a security or derivative being
traded on NSE.
It must be clearly understood by you that your dealings on NSE through a member
shall be subject to your fulfilling certain formalities set out by the member,
which may interalia include your filling the know your client form, client
registration form, execution of an agreement, etc., and are subject to the
Rules, Byelaws and Regulations of NSE and its Clearing Corporation, guidelines
prescribed by SEBI and in force from time to time and Circulars as may be
issued by NSE or its Clearing Corporation/Clearing House and in force from time
to time.
NSE does not provide or purport to provide any advice and shall not be liable
to any person who enters into any business relationship with any trading member
and/or sub-broker of NSE and/or any third party based on any information
contained in this document. Any information contained in this document must not
be construed as business advice/investment advice. No consideration to trade
should be made without thoroughly understanding and reviewing the risks
involved in such trading. If you are unsure, you must seek professional advice
on the same.
In considering whether to trade or authorize someone to trade for you, you
should be aware of or must get acquainted with the following:-
BASIC RISKS INVOVLED IN TRADING ON THE STOCK EXCHANGE
(EQUITY AND OTHER INSTRUMENTS)
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Risk of Higher Volatility:
Volatility refers to the dynamic changes in price that securities undergo when
trading activity continues on the Stock Exchange. Generally, higher the
volatility of a security/contract, greater is its price swings. There may be
normally greater volatility in thinly traded securities/contracts than in
active securities/contracts. As a result of volatility, your order may only be
partially executed or not executed at all, or the price at which your order got
executed may be substantially different from the last traded price or change
substantially thereafter, resulting in notional or real losses.
-
Risk of Lower Liquidity:
Liquidity refers to the ability of market participants to buy and/or sell
securities / contracts expeditiously at a competitive price and with minimal
price difference. Generally, it is assumed that more the numbers of orders
available in a market, greater is the liquidity. Liquidity is important because
with greater liquidity, it is easier for investors to buy and/or sell
securities / contracts swiftly and with minimal price difference, and as a
result, investors are more likely to pay or receive a competitive price for
securities / contracts purchased or sold. There may be a risk of lower
liquidity in some securities / contracts as compared to active securities /
contracts. As a result, your order may only be partially executed, or may be
executed with relatively greater price difference or may not be executed at
all.
-
Buying/selling without intention of giving and/or taking delivery of a
security, as part of a day trading strategy, may also result into losses,
because in such a situation, stocks may have to be sold/purchased at a low/high
prices, compared to the expected price levels, so as not to have any obligation
to deliver/receive a security.
-
Risk of Wider Spreads:
Spread refers to the difference in best buy price and best sell price. It
represents the differential between the price of buying a security and
immediately selling it or vice versa. Lower liquidity and higher volatility may
result in wider than normal spreads for less liquid or illiquid securities /
contracts. This in turn will hamper better price formation.
-
Risk-reducing orders:
Most Exchanges have a facility for investors to place "limit orders”, "stop
loss orders" etc". The placing of such orders (e.g., "stop loss” orders, or
"limit" orders) which are intended to limit losses to certain amounts may not
be effective many a time because rapid movement in market conditions may make
it impossible to execute such orders.
-
A "market" order will be executed promptly, subject to availability of orders
on opposite side, without regard to price and that, while the customer may
receive a prompt execution of a "market" order, the execution may be at
available prices of outstanding orders, which satisfy the order quantity, on
price time priority. It may be understood that these prices may be
significantly different from the last traded price or the best price in that
security.
-
A "limit" order will be executed only at the "limit" price specified for the
order or a better price. However, while the customer receives price protection,
there is a possibility that the order may not be executed at all.
-
A stop loss order is generally placed "away" from the current price of a stock
/ contract, and such order gets activated if and when the stock / contract
reaches, or trades through, the stop price. Sell stop orders are entered
ordinarily below the current price, and buy stop orders are entered ordinarily
above the current price. When the stock reaches the pre-determined price, or
trades through such price, the stop loss order converts to a market/limit order
and is executed at the limit or better. There is no assurance therefore that
the limit order will be executable since a stock / contract might penetrate the
pre-determined price, in which case, the risk of such order not getting
executed arises, just as with a regular limit order.
-
Risk of News Announcements:
Issuers make news announcements that may impact the price of the securities
/contracts. These announcements may occur during trading, and when combined
with lower liquidity and higher volatility, may suddenly cause an unexpected
positive or negative movement in the price of the security / contract.
-
Risk of Rumours:
Rumours about companies at times float in the market through word of mouth,
newspapers, websites or news agencies, etc. The investors should be wary of and
should desist from acting on rumours.
-
System Risk:
High volume trading will frequently occur at the market opening and before
market close. Such high volumes may also occur at any point in the day. These
may cause delays in order execution or confirmation.
-
During periods of volatility, on account of market participants continuously
modifying their order quantity or prices or placing fresh orders, there may be
delays in order execution and its confirmations.
-
Under certain market conditions, it may be difficult or impossible to liquidate
a position in the market at a reasonable price or at all, when there are no
outstanding orders either on the buy side or the sell side, or if trading is
halted in a security due to any action on account of unusual trading activity
or stock hitting circuit filters or for any other reason.
-
System/Network Congestion:
Trading on NSE is in electronic mode, based on satellite/leased line based
communications, combination of technologies and computer systems to place and
route orders. Thus, there exists a possibility of communication failure or
system problems or slow or delayed response from system or trading halt, or any
such other problem/glitch whereby not being able to establish access to the
trading system/network, which may be beyond the 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 that although these problems may be temporary
in nature, but when you have outstanding open positions or unexecuted orders,
these represent a risk because of your obligations to settle all executed
transactions.
As far as Futures and Options segment is concerned,
please note and get yourself acquainted with the following additional
features:-
-
Effect of "Leverage" or "Gearing"
The amount of margin is small relative to the value of the derivatives contract
so the transactions are 'leveraged' or 'geared'. Derivatives trading, which is
conducted with a relatively small amount of margin, provides the possibility of
great profit or loss in comparison with the principal investment amount. But
transactions in derivatives carry a high degree of risk.
You should therefore completely understand the following statements before
actually trading in derivatives trading and also trade with caution while
taking into account one's circumstances, financial resources, etc. If the
prices move against you, you may lose a part of or whole margin equivalent to
the principal investment amount in a relatively short period of time. Moreover,
the loss may exceed the original margin amount.
-
Futures trading involves daily settlement of all positions. Every day the open
positions are marked to market based on the closing level of the index. If the
index has moved against you, you will be required to deposit the amount of loss
(notional) resulting from such movement. This margin will have to be paid
within a stipulated time frame, generally before commencement of trading next
day.
-
If you fail to deposit the additional margin by the deadline or if an
outstanding debt occurs in your account, the broker/member may liquidate a part
of or the whole position or substitute securities. In this case, you will be
liable for any losses incurred due to such close-outs.
-
Under certain market conditions, an investor may find it difficult or
impossible to execute transactions. For example, this situation can occur due
to factors such as illiquidity i.e. when there are insufficient bids or offers
or suspension of trading due to price limit or circuit breakers etc.
-
In order to maintain market stability, the following steps may be adopted:
changes in the margin rate, increases in the cash margin rate or others.
-
These new measures may also be applied to the existing open interests. In such
conditions, you will be required to put up additional margins or reduce your
positions.
-
You must ask your broker to provide the full details of the derivatives
contracts you plan to trade i.e. the contract specifications and the associated
obligations.
-
Risk of Option holders
-
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.
-
The Exchange may impose exercise restrictions and have absolute authority to
restrict the exercise of options at certain times in specified circumstances.
-
Risks of Option Writers
GENERAL
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Commission and other charges
Before you begin to trade, you should obtain a clear explanation of all
commission, fees and other charges for which you will be liable. These charges
will affect your net profit (if any) or increase your loss.
-
Deposited cash and property
You should familiarise yourself with the protections accorded to the money or
other property you deposit particularly in the event of a firm insolvency or
bankruptcy. The extent to which you 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, the same shall be subject to
arbitration as per the byelaws/regulations of the Exchange.
-
For rights and obligations of the clients, please refer to Annexure-1 enclosed
with this document.
-
The term ‘constituent’ shall mean and include a client, a customer or an
investor, who deals with a member for the purpose of acquiring and/or selling
of securities through the mechanism provided by NSE.
-
The term ‘member’ shall mean and include a trading member, a broker or a stock
broker, who has been admitted as such by NSE and who holds a registration
certificate as a stock broker from SEBI.
-
I hereby acknowledge that I have received and understood this risk disclosure
statement and Annexure-1 containing my rights and obligations. Customer
Signature (If Partner, Corporate, or other Signatory, then attest with company
seal.) DD MMM YYYY
ANNEXURE-1 INVESTORS’ RIGHTS AND OBLIGATIONS:
-
You should familiarise yourself with the protection accorded to the money or
other property you may deposit with your member, particularly in the event of a
default in the stock market or the broking firm’s insolvency or bankruptcy.
-
Please ensure that you have a documentary proof of your having made deposit of
such money or property with the member, stating towards which account such
money or property deposited.
-
Further, it may be noted that the extent to which you may recover such money or
property may be governed by the Bye-laws and Regulations of NSE and the scheme
of the Investors’ Protection Fund in force from time to time.
-
Any dispute with the member with respect to deposits, margin money, etc., and
producing an appropriate proof thereof, shall be subject to arbitration as per
the Rules, Byelaws/Regulations of NSE or its Clearing Corporation /Clearing
House.
-
Before you begin to trade, you should obtain a clear idea from your member of
all brokerage, commissions, fees and other charges which will be levied on you
for trading. These charges will affect your net cash inflow or outflow.
-
You should exercise due diligence and comply with the following requirements of
the NSE or SEBI:
-
Please deal only with and through SEBI registered members of the Stock Exchange
and are enabled to trade on the Exchange. All SEBI registered members are given
a registration no., which may be verified from SEBI. The details of all members
of NSE and whether they are enabled to trade may be verified from NSE website (www.nseindia.com)
-
Demand any such information, details and documents from the member, for the
purpose of verification, as you may find it necessary to satisfy yourself about
his credentials.
-
Furnish all such details in full as are required by the member as required in
"Know Your Client" form, which may also include details of PAN or Passport or
Driving Licence or Voters Id, or Ration Card, bank account and depository
account, or any such details made mandatory by SEBI/NSE at any time, as is
available with the investor.
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Execute a broker-client agreement in the form prescribed by SEBI and/or the
Relevant Authority of NSE or its Clearing Corporation / Clearing House from
time to time, because this may be useful as a proof of your dealing
arrangements with the member.
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Give any order for buy or sell of a security in writing or in such form or
manner, as may be mutually agreed. Giving instructions in writing ensures that
you have proof of your intent, in case of disputes with the member.
-
Ensure that a contract note is issued to you by the member which contains
minute records of every transaction. Verify that the contract note contains
details of order no., trade number, trade time, trade price, trade quantity,
name of security, client code allotted to you and showing the brokerage
separately. Contract notes are required to be given/sent by the member to the
investors latest on the next working day of the trade. Contract note can be
issued by the member either in electronic form using digital signature as
required, or in hard copy. In case you do not receive a contract note on the
next working day or at a mutually agreed time, please get in touch with the
Investors Grievance Cell of NSE, without delaying.
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Facility of Trade Verification is available on NSE website (www.nseindia.com),
where details of trade as mentioned in the contract note may be verified from
the trade date upto five trading days. Where trade details on the website, do
not tally with the details mentioned in the contract note, immediately get in
touch with the Investors Grievance Cell of NSE.
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Ensure that payment/delivery of securities against settlement is given to the
concerned member within one working day prior to the date of pay-in announced
by NSE or it’s Clearing Corporation / Clearing House. Payments should be made
only by account payee cheque in favour of the firm/company of the trading
member and a receipt or acknowledgement towards what such payment is made be
obtained from the member. Delivery of securities is made to the pool account of
the member rather than to the beneficiary account of the member.
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In case pay-out of money and/or securities is not received on the next working
day after date of pay-out announced by NSE or its Clearing Corporation /
Clearing House, please follow-up with the concerned member for its release. In
case pay-out is not released as above from the member within five working days,
ensure that you lodge a complaint immediately with the Investors’ Grievance
Cell of NSE.
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Every member is required to send a complete 'Statement of Accounts', for both
funds and securities settlement to each of its constituents, at such
periodicity as may be prescribed by time to time. You should report errors, if
any, in the Statement immediately, but not later than 30 calendar days of
receipt thereof, to the member. In case the error is not rectified or there is
a dispute, ensure that you refer such matter to the Investors Grievance Cell of
NSE, without delaying.
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In case of a complaint against a member/registered sub-broker, you should
address the complaint to the Office as may be specified by NSE from time to
time.
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In case where a member surrenders his membership, NSE gives a public notice
inviting claims, if any, from investors. In case of a claim, relating to
"transactions executed on the trading system" of NSE, ensure that you lodge a
claim with NSE/NSCCL/Clearing House within the stipulated period and with the
supporting documents.
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In case where a member is expelled from trading membership or declared a
defaulter, NSE gives a public notice inviting claims, if any, from investors.
In case of a claim, relating to "transactions executed on the trading system"
of NSE, ensure that you lodge a claim with NSE within the stipulated period and
with the supporting documents.
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Claims against a defaulter/expelled member found to be valid as prescribed in
the relevant Rules/Bye-laws and the scheme under the Investors’ Protection Fund
(IPF) may be payable first out of the amount vested in the Committee for
Settlement of Claims against Defaulters, on pro-rata basis if the amount is
inadequate. The balance amount of claims, if any, to a maximum amount of Rs.10
lakhs per investor claim, per defaulter/expelled member may be payable subject
to such claims being found payable under the scheme of the IPF.
Notes:
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The term ‘constituent’ shall mean and include a client, a customer or an
investor, who deals with a trading member of NSE for the purpose of acquiring
and / or selling of securities through the mechanism provided by NSE.
-
The term ‘member’ shall mean and include a member or a broker or a stock
broker, who has been admitted as such by NSE and who holds a registration
certificate as a stock broker from SEBI.
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NSE may be substituted with names of the relevant exchanges, wherever
applicable
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