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Securities & Exchange Board of India Imposed Mandatory Requirement for Asset Management Firms to Have Internal Control on Market Misconduct Including Whistleblower Program, Front-Running, Insider Trading, Misuse of Sensitive Information and Recorded Communications by Fund Managers & Dealers

9th May 2024 | Hong Kong

The Securities & Exchange Board of India (SEBI) has imposed mandatory requirement for asset management firms to have internal control on market misconduct including whistleblower program, front-running, insider trading, misuse of sensitive information and recorded communications by fund managers & dealers.  Securities & Exchange Board of India (2/5/24): “Asset Management Companies (AMCs)  to  have  an  institutional  mechanism  for  deterrence  of  potential market abuse including front-running. Considering the recent front-running instances observed by SEBI, the Board approved amendments   to   SEBI   (Mutual   Funds)   Regulations,   1996  (‘Regulations’) for enhancing the existing regulatory framework by requiring Asset   Management Companies   (AMCs) to   put in place a structured institutional mechanism for identification and deterrence of potential market abuse including front-running and fraudulent transactions in securities. The mechanism shall consist of enhanced surveillance systems, internal control procedures  and  escalation  processes  to  identify,  monitor  and  address specific types of misconduct including front running, insider trading, misuse of sensitive information, etc. The  Board  also  approved  amendments  to  the  Regulations  to  a) enhance responsibility  and  accountability  of  management  of  AMCs  for  such  an institutional  mechanism;  and  b)  foster  transparency  by  requiring  AMCs  to have a whistle blower mechanism.  While SEBI will specify the broad framework of the institutional mechanism, the  industry  body  i.e.  Association  of  Mutual  Funds  in  India  (‘AMFI’),  in consultation with SEBI, shall specify   detailed   standards  for   such   an institutional mechanism.  Further, with respect to the requirement of recording of all communication by Dealers and  Fund  Managers,  the  Board  approved  exemption  from the requirement of recording face to face communication, including out of office interactions, during market hours. This will be made effective after implementation of the institutional mechanism by the AMCs.”

“ Securities & Exchange Board of India Imposed Mandatory Requirement for Asset Management Firms to Have Internal Control on Market Misconduct Including Whistleblower Program, Front-Running, Insider Trading, Misuse of Sensitive Information and Recorded Communications by Fund Managers & Dealers “

 



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Securities & Exchange Board of India Imposed Mandatory Requirement for Asset Management Firms to Have Internal Control on Market Misconduct Including Whistleblower Program, Front-Running, Insider Trading, Misuse of Sensitive Information and Recorded Communications by Fund Managers & Dealers

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