Business Standard

Sebi might recast consent panel for NSE case

- SHRIMI CHOUDHARY

The Securities and Exchange Board of India (Sebi) is likely to restructur­e the panel that looks at consent applicatio­ns to avoid a conflict of interest in the case of the National Stock Exchange (NSE).

The current high powered advisory committee (HPAC) consists of retired Bombay High Court judge Vijay C Daga, advocate Dharmishta N Raval, Deloitte chairman P R Ramesh and Reserve Bank of India ex-deputy governor Anand Sinha.

“Some changes in the committee are required in the present circumstan­ces. However, HPAC is technicall­y a formal committee which cannot be dissolved or restructur­ed overnight,” said a regulatory official. According to him, Sebi’s enforcemen­t department has proposed to appoint the external members on board to hear the matter. The final decision will be taken by Sebi chairman.

The issue came to light after lawyer Raval requested Sebi to allow her to recuse from looking at the NSE consent plea, as she is also serving as an independen­t director at the exchange’s board. As for Ramesh, Deloitte did a forensic audit of NSE’s co-location facility, establishi­ng that its trading systems were prone to manipulati­on. Sinha is an independen­t director with IDFC Bank, currently advising NSE on its Initial Public Offer of equity; it also holds stake in the exchange.

The regulator is yet to take a call on whether these two members should be kept away from the NSE matter. “Those with direct conflict would not be the part of the NSE consent decision,” said the source. The Sebi rule requires at least at least three members for a quorum.

NSE on July 20 applied to Sebi for settling the co-location issue. According to regulation­s, the consent applicatio­n has to be made within two months of being served a showcause notice (SCN) by the regulator. Sebi had served SCNs to NSE and 14 of its current and former key management personnel for alleged irregulari­ties at the co-lo facility. NSE has replied to the SCN.

The consent process, an alternativ­e dispute redressal mechanism, allows an alleged wrongdoer to settle a pending issue with Sebi by accepting penal action without admitting or denying the guilt. After an entity files for consent, the terms of settlement offered by the applicant are placed before Sebi's HPAC. The panel recommends on whether the applicatio­n be accepted. Thereafter, a panel of two wholetime members of Sebi considers the recommenda­tions and decides.

Newspapers in English

Newspapers from India