This document is issued by the member of the National Stock Exchange
of India (hereinafter referred to as "NSE") / The Stock Exchange,
Mumbai (hereinafter referred to as “BSE”) which has been formulated
by the Exchanges in co-ordination 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 / BSE. All prospective constituents should read this document
before trading on Capital Market/Cash Segment or F&O segment of
the Exchanges.
NSE/BSE/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/BSE/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.
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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/BSE and suffer adverse consequences or loss, you
shall be solely responsible for the same and NSE/BSE, 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rescinded on that account.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/BSE.
It must be clearly understood by you that your dealings on NSE/BSE
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/BSE and its Clearing Corporation, guidelines
prescribed by SEBI and in force from time to time and Circulars
as may be issued by NSE/BSE or its Clearing Corporation/Clearing
House and in force from time to time.
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NSE/BSE 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/BSE 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:-
1. BASIC RISKS INVOVLED IN TRADING ON THE STOCK EXCHANGE (EQUITY
AND OTHER INSTRUMENTS)
1.1 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.
1.2 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.
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1.2.1 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.
1.3 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.
1.4 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.
1.4.1 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.
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1.4.2 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.
1.4.3 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.
1.5 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.
1.6 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.
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1.7 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.
1.7.1 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.
1.7.2 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.
1.8 System/Network Congestion:
Trading on NSE/BSE 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.
2. As far as Futures and Options segment is concerned, please
note and get yourself acquainted with the following additional
features:-
2.1 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'.
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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.
A . 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.
B. 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.
C . 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.
D. 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.
E. 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.
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2.2. Risk of Option holders
1. 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.
2. The Exchange may impose exercise restrictions and have
absolute authority to restrict the exercise of options at certain
times in specified circumstances.
2.3 Risks of Option Writers
1. If the price movement of the underlying is not in the
anticipated direction, the option writer runs the risks of losing
substantial amount.
2. The risk of being an option writer may be reduced by
the purchase of other options on the same underlying interest
and thereby assuming a spread position or by acquiring other types
of hedging positions in the options markets or other markets.
However, even where the writer has assumed a spread or other hedging
position, the risks may still be significant. A spread position
is not necessarily less risky than a simple 'long' or 'short'
position.
3. Transactions that involve buying and writing multiple
options in combination, or buying or writing options in combination
with buying or selling short the underlying interests, present
additional risks to investors. Combination transactions, such
as option spreads, are more complex than buying or writing a single
option. And it should be further noted that, as in any area of
investing, a complexity not well understood is, in itself, a risk
factor. While this is not to suggest that combination strategies
should not be considered, it is advisable, as is the case with
all investments in options, to consult with someone who is experienced
and knowledgeable with respect to the risks and potential rewards
of combination transactions under various market circumstances.
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3. GENERAL
3.1 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. 3.2 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.
3.3 For rights and obligations of the clients, please refer to
Annexure-1 enclosed with this document.
3.4 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/BSE.
3.5 The term ‘member’ shall mean and include a trading
member, a broker or a stock broker, who has been admitted as such
by NSE/BSE 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
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ANNEXURE-1
INVESTORS’ RIGHTS AND OBLIGATIONS:
1.1 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.
1.1.1 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.
1.1.2 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/BSE and the scheme of the Investors’
Protection Fund in force from time to time.
1.1.3 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/BSE or its Clearing Corporation / Clearing House.
1.2 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.
1.3 You should exercise due diligence and comply with the
following requirements of the NSE/BSE and/or SEBI:
1.3.1 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/BSE and whether they are enabled to trade may be verified
from NSE/BSE website(www.nseindia.com/www.bseindia.com).
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1.3.2 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.
1.3.3 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.
1.3.4 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.
1.3.5 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.
1.3.6 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/BSE, without delaying.
1.3.7 Facility of Trade Verification is available on NSE/BSE
website (www.nseindia. com / www.bseindia.com), where details
of trade as mentioned in the contract note may be verified from
the trade date upto five trading days. Wheretrade 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/BSE.
1.3.8 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/BSE 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.
1.3.9 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/BSE 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/BSE.
1.3.10 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/BSE, without delaying.
1.3.11 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/BSE from time to time.
1.4 In case where a member surrenders his membership, NSE/BSE
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/BSE, ensure that you lodge a claim with
NSE/BSE/NSCCL/Clearing House within the stipulated period and
with the supporting documents.
1.5 In case where a member is expelled from trading membership
or declared a defaulter, NSE/BSE 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/BSE, ensure
that you lodge a claim with NSE/BSE within the stipulated period
and with the supporting documents.
1.6 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:
1. The term ‘constituent’ shall mean and include a client,
a customer or an investor, who deals with a trading member of
NSE/BSE for the purpose of acquiring and / or selling of securities
through the mechanism provided by NSE/BSE.
2. The term ‘member’ shall mean and include a member or
a broker or a stock broker, who has been admitted as such by NSE/BSE
and who holds a registration certificate as a stock broker from
SEBI.
3. NSE/BSE may be substituted with names of the relevant
exchanges, wherever applicable.
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