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  • MF News Understanding the future course of SEBI regulations

    Understanding the future course of SEBI regulations

    SEBI Chairperson, Madhabi Puri Buch talks about key focus areas of SEBI and gives much needed direction on the regulatory approach to the industry.
    Nishant Patnaik Sep 14, 2022

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    At the FICCI India's Annual Capital Markets Conference (CAPAM) 2022, SEBI Chairperson Madhabi Puri Buch spoke about SEBI’s objective, pace of regulations and its approach.

    Overall, Madhabi’s speech gave much needed clarity on the regulatory aspects of SEBI.

    Let us look at some key highlights from Madhabi’s developmental and forward-looking speech:

    SEBI’s key focus area  

    SEBI’s key objectives are - facilitate capital formation in the economy and build trust among people in the capital markets. And trust can be built through transparency. 

    Bottomline: The regulator will pay more attention to increasing transparency.

    Regulatory stability

    There can’t a regulation that remain unchanged for years. Since the world around us like businesses and markets have been evolving at a faster pace, our regulations have to keep pace with it to remain relevant.

    World around us is moving at a speed of 100 km per hour, can we run a regulation with speed of just 10 km per hour. It’s not possible. 

    While there will be stability in terms of nitty gritty and operation aspects of business, the overall regulatory approach will keep evolving. 

    Remember, existing regulation may or may not be relevant in today’s world. 

    Bottomline: Expect frequent regulatory changes. While there may be some difficulty, it will ensure long term growth of the industry. 

    Broader approach

    What corporates do is none of SEBI’s business but how they do matter a lot to the regulator. Do what you believe but do it by adhering to the regulations and disclose everything about it. 

    Remember, we are in disclosure-based regime. Disclose everything and leave decision to investors. 
    Regulator has a lot to do if a company fails to deliver well on the disclosure part. A simple and full disclosure protects both parties – the disclosurer and the disclosed. 

    Also, data is the key to make regulatory changes. Every policy that SEBI makes is backed by data. 

    Bottomline: SEBI believes that disclosure is key to build trust. So, expect constant improvement in disclosure standards.

    Advisory committees 

    Markets are complex and dynamic and it is difficult to fully appreciate every perspective. SEBI doesn’t believe that it knows everything. Hence, it relies on consultation. 

    SEBI generally agrees with recommendation of advisory boards 80-90% of the times. But only after understanding the perspective and its impact. 

    Our doors are always open to recommendation but it has to be actionable and specific. 

    SEBI supports developmental policies. In fact, the regulator has a system in place in which it encourages the internal departments to implement policies which will be facilitative for the industry.

    Bottomline: Keep sharing your views with the regulator. Any specific and actionable suggestion will be appreciated.

    Regulation in isolation is not possible

    There is a tendency among market participants that everybody should not be treated in a uniform manner. They say just because of a few wrongdoers; the entire industry should not be suffered. But implementation of regulation in isolation is not possible. 

    Bottomline: Any questionable business practice by any market participant will impact the entire industry.

    Technology is the magic bullet 

    Power of technology should be utilized. Through technology, any industry can reduce costs, serve their customers better, do better compliance and have better control.

    Bottomline: Leverage technology to grow business. 

    Have a query or a doubt?
    Need a clarification or more information on an issue?
    Cafemutual welcomes all mutual fund and insurance related questions. So write in to us at newsdesk@cafemutual.com

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    2 Comments
    Prashant · 1 year ago `
    SEBI's key focus area is transparency which was not adhered to by SEBI themselves in Franklin case and in recent Axis mutual fund cases.
    Bottomline :- Regulator have to be proactive in their approach meaning whoever does something wrong is to be punished immediately and not punish every other person or entity who is not doing wrong. It is not called regulation in isolation but it is called justice to people by punishing guilty and not go after innocent. The primary job of regulator has to be investor protection and transparency does not guarantee that but it absolves SEBI from their duties as they will always say that we made corporates dosclose everything and you checked before investing so it is investor's fault or the fault of distributor but manufacturer is never at fault. Also does SEBI not know that banks do heavy misselling from the begenning? Now just by setting up some small inquiry they are trying to show that they are doing their duties which we all know what will come out from it.

    Nobody is saying that regulation should remain same but it should be evolving for betterment of investors and not corporates. Also it is very much SEBI's business to know and keep an eye on what corporates are doing as they are supposed to be regulated not investors. It does not matter how corporates do anything as long as they do not do anything wrong. Work matters and not the way you do any work. Disclosure should not be to absolve corporates if they are doing anything wrong. Again you have mentioned tht it protects both parties where as SEBI should only protect investors and not corporates as corporates are getting money from investors so they do not need protection. Investors need it. Building trust is what the distributors are doing perfectly.

    Who are the members of the advisory committee? I do not think I need to say anything more on this just one thing is nobody from the front facing distributors. SEBI has made promoting it's primary job meaning how to increase business of corporates rather than how to prevent them from doing anything wrong. Also they have allowed a lobby(cartel) to represent the industry openly and allow them to give best practices which everyone has to follow meaning indirectly the lobby is regulating the industry. Rather than bring competition SEBI has allowed cartelisation and allowing them to dictate as well. Cost has to be cheaper for investors but it has to be taken from AMCs who passed on entire reduction to distributors and quadrapled their profits due to this move. If the company fails the investors loose money which does not come back by disclosure but by punishing the company and recovering money from them.

    Bottom line:- Building trust has to be by punishing wrongdoers and not by disclosure and relieving own duties.

    Suggestions they only take from their advisory committee who are AMC people only and not from the ground force which are distributors.
    Vivek Mallik · 1 year ago `
    How to share ideas? Not a single member is on any social platform like twitter. The lone twitter handle is just for sharing awareness, one way communication.
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