“Any regulator in any sector must stability these two sides,” the Sebi chief stated on the Mint India Funding Summit and Awards 2025 in Mumbai on Saturday.
“F&O itself is a posh market. We can not have a sledgehammer or a blunt strategy; we’d like a surgeon’s knife. We have to know precisely how, in any other case improvements shall be misplaced,” Pandey stated, stressing the significance of nuanced, data-driven regulation to keep away from stifling innovation.
Pandey’s feedback come within the wake of Sebi’s 1 October measures to curb extra hypothesis in derivatives. These measures embrace rising index contract sizes and limiting weekly expiries.
Moreover, a proposal to revise the ₹500 crore publicity restrict for index F&Os, initially floated on the finish of February, is being reviewed following unfavorable suggestions from market members. Stakeholders argued that the brand new gross restrict would scale back liquidity and widen bid-ask spreads, rising buying and selling prices.
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One of many six measures — implementation of intra-day monitoring of place limits — initially scheduled for 1 April, was additionally deferred attributable to issues raised by trade associations in regards to the readiness of inventory brokers’ techniques and their purchasers.
Addressing issues about retail participation in F&O, Pandey acknowledged that merely elevating the edge for retail buyers wouldn’t resolve the underlying systemic points. He highlighted the important position of F&O markets in hedging dangers, worth discovery, and general market growth, whereas acknowledging a Sebi research which confirmed that over 90% of small derivatives buyers had been dropping cash. This, Pandey emphasised, pointed to a necessity for a extra complete resolution that addresses each consciousness and systemic issues.
Clearing companies
The proposed discount of inventory exchanges’ stakes in clearing companies (CCs) is a significant factor delaying the no-objection certificates to be given for the itemizing of the Nationwide Inventory Alternate (NSE), Pandey revealed. He additionally cited governance, expertise, and ongoing litigation as different points requiring decision earlier than NSE can proceed with its preliminary public supply (IPO).
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In November 2024, Sebi had proposed making CCs extra unbiased by distributing 49% of their shares to current shareholders of the dad or mum trade, with the trade retaining 51%. Over time, the dad or mum trade would scale back its stake to under 15%, doubtlessly by way of gross sales to different exchanges. The proposal remains to be awaiting Sebi approval.
Sebi raised issues in February 2025 about potential conflicts of curiosity attributable to NSE’s dominant possession of NSE Clearing Ltd (NCL). The regulator emphasised the significance of CCs being perceived as unbiased to make sure a degree taking part in subject amongst market infrastructure establishments (MIIs). Sebi requested readability on how these issues shall be addressed earlier than the NSE’s IPO, noting that divesting NCL might impression NSE’s financials.
NSE sought a no-objection certification on the IPO from Sebi on 27 August, 2024, however Sebi raised issues about technical glitches and points with key managerial personnel (KMP) that might result in system failures. Sebi additionally requested an motion plan relating to the settlement of ongoing authorized instances involving NSE.
Streamlining laws
In its 28 March response, NSE defended its possession of NCL, stating it complies with current laws, with separate governance making certain arm’s size transactions. NSE additionally famous that divesting NCL might strengthen its reserves.
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The trade additionally expressed its want to settle pending issues amicably and reiterated its request for a settlement mechanism, awaiting Sebi’s formal response.
On Saturday, Pandey additionally addressed the challenges confronted by registered funding advisors (RIAs) in India, figuring out excessive entry limitations and cumbersome laws as key obstacles. One of many points is the restriction on efficiency monitoring, stopping RIAs from showcasing their expertise, even these with over a decade within the subject. “RIAs can not do efficiency monitoring until they give you efficiency analysis metrics validated by a gaggle,” he stated.
To make certain, RIAs are barred from exhibiting their efficiency over the past one yr. They’ll present returns for a interval of greater than a yr. There are round 1,300 RIAs within the nation, primarily based on trade estimates.
Pandey affirmed Sebi’s dedication to streamlining laws, stating that the regulator will “weed out” outdated insurance policies and rationalize obligatory ones to attain optimum regulation, scale back compliance burdens, and decrease the price of doing enterprise.
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He additionally highlighted Sebi’s efforts to expedite fundraising within the markets, each by prescribing norms for issuers and by utilizing expertise, together with synthetic intelligence, to clear fundraising paperwork rapidly with out compromising disclosures.
Pandey emphasised that Sebi will implement laws to handle misconduct amongst market members by way of a mix of off-site supervision and on-site and thematic inspections. He additionally urged market members to voluntarily adjust to laws.