Wednesday 17 July 2013

Govt considers regulation for spot exchanges

The government is considering a new regulation for spot commodity exchanges.

There are three such exchanges but no single regulator. The commodity futures market regulator, the Forward Markets Commission (FMC), had in the past proposed a law in this regard. The Union ministry of consumer affairs (MCA) is considering this, say sources.

Recently, the MCA wrote to the National Spot Exchange (NSEL), promoted by Financial Technologies, forbidding it from launch of any new contract with a one-day carry forward facility, for which they had been earlier granted exemption. Without the exemption, spot exchanges cannot undertake forward trade. NSEL has said it will comply.

Sources say before a new law is enacted, some issues raised by the Union law ministry needs sorting. The law ministry had said the Constitution has different provisions for regulating agricultural commodities and inter-state commerce; the Centre by itself does not have the power to make a law. Spot exchanges allow trading in agri commodities under an Agriculture Produce Marketing Committee (APMC) licence from the respective states; these exchanges also allow inter-state trades.

Last week, FMC had called a meeting of spot exchanges, brokers and market participants to discuss issues related to spot trading. A proposal was also discussed on whether FMC could authorise delivery- based forwards under section 6 of the Act governing it and all spot exchanges could then apply for this. "That is how spot exchanges can also be regulated by FMC," said an officialat the meeting.

According to sources, MCA is also considering withdrawing the exemption given to spot exchanges under which one-day forwards were allowed. A sector official said they'd represented that this withdrawal coincide with the new regulations for spot exchanges.

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