Right, you wont get any help from brokers..they will not do anything against SEBI......even BSE and NSE brokers forum are no use against SEBI and Govt...
Let the rules be defined and published, presently you have no cause of action for filing a petition against SEBI......a High Court or Supreme Court best legal experts dont come cheap, they charge upwards of Rs 1 Lakh per appearance so collect about Rs 25-30 L funds to fight the case. This amount is not big if traders nationwide participate in funds raising but organising them togather will be a task. Also prepare a back up team for supporting the paperwork preparing a plaint,sitting with lawyers,giving caselaw, remaining present at the court dates etc ,it all needs back up organisation. In SEBI tax case brokers gave a topmost lawyer of the country in 1992 who charged Rs 1 L per appearance and still they lost the case and worst still the court increased the tax incidence almost 5 times than what was originally proposed by SEBI..
Let the rules be defined and published, presently you have no cause of action for filing a petition against SEBI......a High Court or Supreme Court best legal experts dont come cheap, they charge upwards of Rs 1 Lakh per appearance so collect about Rs 25-30 L funds to fight the case. This amount is not big if traders nationwide participate in funds raising but organising them togather will be a task. Also prepare a back up team for supporting the paperwork preparing a plaint,sitting with lawyers,giving caselaw, remaining present at the court dates etc ,it all needs back up organisation. In SEBI tax case brokers gave a topmost lawyer of the country in 1992 who charged Rs 1 L per appearance and still they lost the case and worst still the court increased the tax incidence almost 5 times than what was originally proposed by SEBI..
But obvious as we are so fragmented, disorganized and extremely less in number, it shall be next to impossible to pull this together in all senses. Honestly, do we have the required time & money is the biggest question?
Instead first why not try to raise our concerns to SEBI - directly or indirectly through brokers - before they take their final call. If deeply thought SEBI's stance to protect Fetus-like newbie participants is justified, but, assuming the experienced retailers under the same hood is discriminatory.
Please share your thoughts on below process for allowing participation in the Derivatives segment (barring HNIs as anyways they will):
1. Those meeting the Net-worth/ITR, or,
2. By Certification, or,
3. By past trading records submitted by brokers showing the ability of an individual to trade.
Stipulating Certification won't be that challenging as the process is already in place. SEBI would just need to deem the required NSE certifications out of the available ones. Aspiring participants get themselves enrolled, appear for the exam, clear it and send a copy of the certificate to the broker, who will acknowledge and intimidate SEBI (or whomever concerned) about the same.
I think doing this will be win-win for both SEBI and Retail. As it will be based on either money-power or merit-power for participation in Derivatives. Those with money, takes the risk. Those without money but is accredited or by virtue of previous track-record, knows the risk.
Now it will be very childish on SEBI's part, if they cap the Cash segment too on the basis of Networth/ITR or Merit or whatever. If SEBI makes so stringent remarks then they should close the Exchanges.
Can't our brokers state this in their forums and amplify it to SEBI?
P.S. I am still at doubt, how SEBI or any regulator can step-in to define "Product Suitability" for its participants? It is the duty and the very work of the self-participant to figure that out based on their personal needs. On these grounds, these proposals are truly Non-Democratic and unconstitutional.
Bhaiya jaisa bhook vaisa khana! Ab subah 7 bajey chai ke sthan par Thali kisko acha lagega? Lekin agar main night duty karkey bhooka ghar lotun, tab Thali ke saath paanch aur rooti na chaba jaun.....Mujhey kya khana hain, kab khana hain, kitna khana hain yeh mere Society ka Secretary thik karega kya?
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