Sebi tightens warehousing norms for commexes
The Securities and Exchange Board of India (Sebi) on Tuesday issued several circulars, replacing those of the erstwhile commodity market regulator Forward Markets Commission (FMC). Last year, FMC ceased to exist after being merged with Sebi. While warehousing norms have been tightened significantly, other circulars include algo trading and co-location facilities for commodity exchanges. According to one of the circulars, portfolio management services would not be permissible in the commodity derivative market.
Under the norms, warehouse service providers (WSP) will be corporate bodies with subscribed share capital of ~10 crore. An accredited WSP would have a minimum net worth of ~25 crore for multi-commodities and ~10 crore for a single commodity. The commodity exchange would have to ensure that the WSP, its promoters and key management personnel are “fit and proper” to carry out the business. All WSPs should also be approved by the Warehousing Development and Regulatory Authority and those which have so far not obtained such registration, should be helped with getting it within six months. However, owned warehouses proposal as per draft norms seems to have been dropped by the Sebi, giving a major relief.
The final norms have been put in place after taking into consideration views of all stakeholders. The regulator had issued draft rules in this regard in June. The commodity derivatives exchanges currently use the polling methodology for determining spot prices. It is being reviewed with intent to improve the credibility and transparency of such process. Warehousing infrastructure and its ancillary services play a critical role in the delivery mechanism of the commodity derivatives market.
A robust and credible warehousing infrastructure is essential for an effective commodity derivatives market that can instill confidence among the market participants and other stakeholders.
“The exchange shall ensure that the WSP, promoters of WSP, assayers, key management personnel of WSPs, warehouses and assayers shall always be 'fit and proper' to carry out business of warehousing, have adequate knowledge of, and experience in generally accepted warehousing and handling practices for commodities, and are competent and willing to operate such a warehouse,” Sebi said in a circular.
The regulator said that for accreditation of WSP, the commodity exchanges will follow a transparent process by issuing open advertisements in leading newspapers and putting them up on the exchange website. A WSP can be accredited with more than one exchange.
Besides, the exchange would not make it mandatory that its WSP cannot provide services to another bourse. Sebi said that WSP promoters should be responsible entities of repute and have been in the business of public warehousing for at least three years.