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TOPIC : Issues in Audit of Stock brokers / Commodity ... · • Procedure and policy adopted by...
Transcript of TOPIC : Issues in Audit of Stock brokers / Commodity ... · • Procedure and policy adopted by...
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TOPIC : Issues in Audit of Stock
brokers / Commodity brokers /
Depository participants
Seminar on Audit & Compliance applicable to Stock Broker & Depository ParticipantsStock Broker & Depository Participants
Venue : WIRC, MUMBAI
Date: Saturday, 15th March 2014
Presented by : CA Kaushik Jethwa
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Objective / Need
• Mandatory Internal Audit
– All the Stock Broker - once in half year
– All the DP (CDSL/NSDL) – once in half year
• Submission of Annual Compliance Report • Submission of Annual Compliance Report (ACR)
– By Every Commodity Trading Member – once in year
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Submission of Report
• Stock Broker – in electronic format
• DP – in hard for or in electronic format
• Commodity Broker (ACR) – in hard form or in electronic formator in electronic format
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Requirements and Area need to
be consider during Security and
Commodity Audit / Inspection
• Format of Internal Audit / ACR
• Area to be covered• Area to be covered
• Actions For Non-compliance
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Client Registration
• Content of Client Registration Kit– Mandatory Documents
• Know your Client Form
• Rights And Obligations Of Stock Brokers, Sub-Brokers And Clients
• Risk Disclosure Document For Capital Market And Derivatives Segments
• Do’s And Don’ts For Trading On The Exchange(S) For Investors• Do’s And Don’ts For Trading On The Exchange(S) For Investors
• Policies and Procedures
• Tariff Sheet
– Non-Mandatory Documents• Running Account Authorization
• ECN Declaration (if any)
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Client Registration continue….• Verification of Client Registration form and docket
– Proof of Address
– Proof of Identity (PAN)
– Proof of Bank Account
– Proof of Demat Account
– Proof of Income, Net-Worth or declared source of Funds (compulsory for F&O and CD)
– PMLA Verification– PMLA Verification
• Risk Classification
• Clients of Special Category (CSC)
• In Person Verification (IPV)
• Verification of Original Documents
• Unique Client Code (UCC)
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Client Registration continue….
• KYC Registration Agency (KRA) (applicable to stock broker)
• Issue Copies of Completed Forms to Clients
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Dealing with clients
• Banking and Demat– Type of Bank and Demat Accounts
– Use of Bank & Demat Accounts
• Mode of payment and delivery
• Receipt of funds in the form of Pre-funded instruments /Receipt of funds in the form of Pre-funded instruments /Electronic fund transfers
• Actual settlement for funds & securities on monthly /quarterly basis
• Statement of Accounts
• Financing of securities transactions and transfer ofsecurities & funds
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Contract Notes
• Time limit for sending the Contract Note
• Mode of issue of Contract note– Physical
– Electronic
• Records to be keptRecords to be kept
• Change in E-mail ID
• Compliance to be folowed when ECN Bounce
• Digital Signature of Contract note
• STT
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Brokerage:
• Maximum Brokerage can be charged in CM and Futuresegment is 2.5%
• Maximum Brokerage in option segment is 2.5% of thepremium amount or Rs 100/- (per lot) whichever ishigher.
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Margin Collection• Collection Reporting of Margin in Future and Option
– Form of Margin Collection
– Compliance when cheque received on T Day
– Margin collected/available in approved form from entities related to the client
• False reporting of Margins (Non-compliance)
• Penalty structure in case of margin reporting• Penalty structure in case of margin reporting
• Penalty in case of short reporting of margin to be passed on to the clients
• Daily Margin Statement
False reporting of Margins (Non-compliance)
100% of falsely reported amount
+
suspension of trading for 1 day in respective
segment
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Terminal and User ID management
• Connectivity
• CTCL / IML
• Procedure and policy adopted by member before allotment of trading terminals
• Due diligence adopted for password security• Due diligence adopted for password security
• Certification
• System Audit
• Due diligence adopted for password security
• System adopted for data storage, security and access
• Pro Trading
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Dealings with Intermediaries
• Various Types of Intermediaries
– Branch
– Sub-Broker
– Authorised Person
– Remisier
• Compliance at Intermediaries office• Compliance at Intermediaries office
• Brokerage sharing with Sub-Broker, AP, Remisier
• Annual Inspection of Intermediaries by Trading Member
• Unauthenticated news circulated by SEBI Registered MarketIntermediaries through various modes of communication
• Outsourcing of Activities
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Books of accounts and other
documents• Maintenance of books of accounts and other documents /Preservation of records
• Maintenance of client-wise, scrip-wise Register of Securities
• Advertisement
• Client Dividend
• Display of details by stock brokers• Display of details by stock brokers
• Execution of Orders
• Transfer of Trade
• Systems & Procedures pertaining to Prevention of MoneyLaundering Act, PMLA, 2002
• Indicative list of penalties/actions to be initiated regardingaudit observations in Internal Audit Reports
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Requirements and Area need to
be consider during DP Audit
• Format of Internal Audit
• Area to be covered• Area to be covered
• Actions For Non-compliance
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Account Opening and Account Modifications (DP):
• KRA– Uploading the KYC information with proper authentication onthe system of the KRA within due date
– Downloads/fetches the documents from KRA system in case ofKRA approved / verified cases and maintains electronic recordsof KYCs of BOs.
– Difference in Correspondence Address as per KRA– Difference in Correspondence Address as per KRA
– Difference in permanant Address as per KRA
• Verification of Client Registration form and docket– Address Proof
– 3rd party address as correspondence address
– Identity Proof (PAN)
– Bank Proof
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Account Opening and Account Modifications continue……..
• Procedure for Demat account opened for illiterate / disabled person
• Scanning of BO Signature (special care in Non-individual BO)
• Modification– Type of Modification– Type of Modification
• Change in Address
• Change in Bank Details
• Change in Name
• Change in Signature
• Change in Mobile No / E-mail ID
• DP account for Partnership and Proprietorship
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Dematerialization / Destatementization:
• Maintain inward of Demat request (DRF) / MF-DRF
• Keeping the physical securities under safe custody
• Dispatch of demat / destat to the Issuer/RTA/AMC within seven days
• Record of Dispatch• Record of Dispatch
• Securities lost in transit
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Instruction Slip (Off-market, On-market, Inter-depository, and Early pay-in)
• Inventory Control Mechanism
• Issuance of DIS Booklet– 1st DIS Booklet
– DIS Booklet on the basis of requisition slip
– DIS booklet without requisition slip
• Loose DIS and limit thereon
• Acceptance of DIS
• Punching the DIS
• Maker Checker and Verification of DIS
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Account Closure and Other Area
• Account close request– Sending transaction statement with the words “Account Closed/ Marked for Closure”.
– Procedure for account closed by the BO
– Procedure for account closed by the DP
• Rematerialisation• Rematerialisation
• Freez / Unfreez
• PMLA Policy
• System Requirment
• Back-up of data
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Thank You
� Presented : CA Kaushik N Jethwa� B. Com, ACA