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SEBI plans separate entity for surveillance and investigation

N.K. Kurup

Outfit to include chartered accountants, lawyers and financial experts


SEBI's reasoning
Dealing with sophisticated economic crimes requires skills in areas such as securities trading, banking and finance
SEBI had to hire professionals on deputation to crack the recent IPO allotment scam

Mumbai , Oct. 8

Capital market regulator SEBI plans to create a separate outfit with independent professionals for stock market surveillance and investigation, to make these two key activities more effective.

According to a SEBI official, the idea is to rope in independent professionals such as practising chartered accountants, lawyers and financial experts to do this job.

Two separate departments of SEBI now handle market surveillance and investigation. However, they are short of specialised hands to police the bourses and undertake sophisticated inquiries, leading to delays in investigation and corrective action.

Separate entity

The plan, the official said, is to hive off these two departments into a separate entity, which would be part of SEBI but function independently. In many countries, market surveillance and investigations are carried out by independent entities.

The surveillance department monitors trading in stock exchanges to detect abnormal movements in share prices.

This is crucial to safeguard investors' interest as price rigging — jacking up or bringing down prices deliberately by a group of traders — is a common phenomenon in stock trading.

Equally important is investigation into market irregularities, which include price rigging, market manipulations and violation of takeover regulations.

Of the 165 cases taken up for investigation by SEBI in 2005-06, 137 were related to market manipulation and price rigging.

Under the present pay structure, SEBI finds it difficult to hire experienced professionals on a permanent basis.

The proposed separate entity would be in a position to hire professionals on assignment-basis, said a senior SEBI official.

Specialised skills

With economic crimes getting more sophisticated, dealing with such offences require skills in areas such as securities trading, banking and finance.

For instance, SEBI had to hire professionals on deputation to crack the recent IPO allotment scam, he said.

Currently, market surveillance is carried out at two levels; stock exchanges — the frontline regulators — do the day-to-day monitoring and SEBI acts on the basis of information received from exchanges.

The integrated surveillance system of SEBI enabled it to unearth several irregularities such as trading in penny stocks, detection of fake shares and misuse of IPO allotment in retail category.

It was the swift move by SEBI on the basis of preliminary information that led to unearthing the multiple benami demat accounts that were sued to corner IPO shares.

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