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NOTICES
Notice No.   20231107-1   Notice Date   07 Nov 2023
Category   Compliance   Segment   General
Subject   Bank Guarantees (BGs) created out of clients’ funds
Attachments   Annexure A.pdf ;
Content

This has reference to SEBI vide circular no. SEBI/HO/MIRSD/MIRSD-PoD-1/P/CIR/2023/061 dated April 25, 2023 and Exchange Notice 20230425-35 dated April 25,2023 wherein creation of BG out of clients’ funds has been prohibited as under:

a) Beginning May 01, 2023, no new BGs to be created out of clients’ funds by SBs/CMs. 
b) Existing BGs created out of clients’ funds to be wound down by September 30, 2023.   

In view of the aforesaid circulars, member cannot create BG out of clients’ funds and accordingly, value of any BG including BG created out of members’own funds cannot be considered for the computation of availability of client payables effective from October 01,2023. 

However it has been observed by the Exchange that certain members are still considering the funded value of BG while reporting data towards the weekly monitoring of client funds (Enhanced Supervision of Stock Brokers) under data point numbered as 2 “Collateral  deposited with clearing corporations in form of Cash and Cash Equivalents (In Rs.) and data point numbered as 3 “Collateral deposited with clearing member in form of Cash and Cash Equivalents (In Rs.)” of Annexure A of BSE Notice 20220624-45  dated June 24, 2022. 

In view of the same, members are advised not to consider BG for the computation of availability of client payables and accordingly, member should not include the value of BG while reporting data towards the weekly monitoring of client funds (Enhanced Supervision of Stock Brokers) under aforesaid data points of Annexure A of BSE Notice 20220624-45 dated June 24, 2022.

Further, based on representations received from Members, clarifications/guidelines on the subject in the form of frequently asked questions (FAQs) are attached as Annexure A.

In case of any queries/clarifications, you may reach us on the following contact details.

Contact Nos.

Email ID

022- 2272 8435/5785

 bse.rbs@bseindia.com

For and on behalf of BSE Ltd. 

 


Hiteshkumar Desai                                           Sandeep Sharma
General Manager                                              Asst General Manager

Brokers' Supervision                                        Brokers' Supervision