Settlement in Running account
Podcast
Quarterly Settlement or Settlement of Funds and Securities
SLBM (Stock Lending And Borrowing Mechanism)
Change in Clearing Corporation under Interoperability from BSE to NSE
Settlement in Running account
When does a client account need to be settled?
As per SEBI circular MIRSD/ SE /Cir-19/2009 dated December 3, 2009 and
SEBI/HO/MRD/DP/CIR/P/2016/135 dated December 16, 2016, the settlement of funds
and / or securities shall be done within 1 working day of the pay-out, unless client
specifically authorizes the trading member in writing to maintain a running account.
Vide SEBI circular no. CIR/HO/MIRSD/DOP/CIR/P/2019/75 dated June 20, 2019, running
account for securities has been discontinued and therefore, SEBI circulars dated
December 03, 2009 and September 26, 2016, are now applicable for settlement of
running account of client’s “funds” only.
Vide SEBI circular no. SEBI/HO/MIRSD/DOP/P/CIR/2022/101 dated July 27, 2022, the
settlement of running account of funds of the client shall be done by the trading
member after considering the End of the day (EOD) obligation of funds as on the date
of settlement across all the Exchanges on first Friday of the Quarter (i.e., Apr-Jun, JulSep, Oct-Dec, Jan–Mar) for all the clients i.e. the running account of funds shall be
settled on first Friday of October 2022, January 2023, April 2023, July 2023 and so on. If
first Friday is a trading holiday, then such settlement shall happen on the previous
trading day.
For clients, who have opted for Monthly settlement, running account shall be settled
on first Friday of each month. If first Friday is a trading holiday, then such settlement
shall happen on the previous trading day.
What should be the periodicity for settlement of client funds?
In case a client wishes to maintain a running account for its funds with the trading
member, the client has to authorize the member in writing to retain its funds. Such
authorization should also contain:
▪ Mandate of the client as to whether the settlement of funds should be done on
monthly / quarterly basis.
▪ A clause stating thatthe Clientmay revoke the authorization at any time (i.e.without notice)
Running account authorisation received through online secured access by way of client
specific user id & password or through a registered email id of client is considered as
authorisation in writing.
As per SEBI circular no. SEBI/HO/MIRSD/DOP/P/CIR/2022/101 dated July 27, 2022, the
settlement of running account of funds of the client shall be done by the trading
member on first Friday of the Quarter (i.e., Apr-Jun, Jul-Sep, Oct-Dec, Jan–Mar) for all
the clients who have opted for quarterly settlement i.e., the running account of funds
shall be settled on first Friday of October 2022, January 2023, April 2023, July 2023 and
so on. If first Friday is a trading holiday, then such settlement shall happen on the
previous trading day.
For clients, who have opted for Monthly settlement, running account shall be settled
on first Friday of each month. If first Friday is a trading holiday, then such settlement
shall happen on the previous trading day.
As per SEBI circular no. SEBI/HO/MIRSD/DOP/P/CIR/2022/101 dated July 27, 2022, the
actual settlement of funds shall be done by the member on first Friday of the Month or
Quarter as per the preference of the client.
Further, as per SEBI Circular SEBI/HO/MIRSD/DOP/P/CIR/2021/577 dated June 16,
2021, for the clients having credit balance, who have not done any transaction in the 30
calendar days since the last transaction, the credit balance shall be returned to the
client by trading member, within next three working days irrespective of the date when
the running account was previously settled. Further, after settlement, if such client
returns to the member with fresh funds and no trades are executed during this period,
then members may compute the 30 calendar days for the purpose of subsequent
settlement from the day the member receives funds instead of the last transaction date.
However, member shall settle running account of client on first Friday of the quarter or
month as per as per the preference of the client irrespective of date of his/her last
transaction or receipt of funds.
Illustration (For client accounts having credit balance and not traded in last 30 calendar
days)
Settlement preference given by client (A) | Last settlement date (B) | Last trade date (C) | Date on which settlement due if client not traded in 30 days from the last trade mentioned in column C (D) | Date of fresh receipt of funds post settlement done on the date mentioned in column D (E) | Next settlement due date (F) |
Quarterly | 07-Oct-2022 | 10-Oct-2022 | 09-Nov-2022 | 30-Nov-2022 | 30-Dec-2022 |
Quarterly | 06-Jan-2023 | 08-Feb-2023 | 10-Mar-2023 | 24-Mar-2023 | 07-Apr-2023* |
*first Friday of the Quarter
If the client has not done any Exchange transaction in the last 30 calendar days but
has an open position in derivatives segment, still the credit balance should be
returned to client within next three working days?
If the client has an open position in the derivatives segment, then the date of contract
expiry or the date on which position is closed may be treated as last transaction date,
for the purpose of computing 30 calendar days for returning the credit balance to such
clients. However, members shall ensure settlement of running account of funds on first
Friday of the Month or Quarter as per the preference of the client.
Illustration (For client accounts having credit balance and open position in derivatives
segment)
Settlement preference given by client | Last settlement date | Last settlement date | Position closure date | Contract Expiry date | Next settlement due date |
Quarterly | 07-Oct-2022 | 10-Oct-2022 | 18-Oct-2022 | NA | 17-Nov-2022 |
Quarterly | 07-Oct-2022 | 10-Oct-2022 | NA | 27-Oct-2022 | 26-Nov-2022 |
Monthly | 07-Oct-2022 | 10-Oct-2022 | 18-Oct-2022 | NA | 04-Nov-2022* |
Monthly | 07-Oct-2022 | 10-Oct-2022 | NA | 27-Oct-2022 | 04-Nov-2022* |
What if the client has not done any Exchange transaction in the last 30 calendar days,
but executes transaction within next three working days?
If the client executes a transaction on the Exchange on or before the date on which
member is scheduled (within three working days) to return the credit balance, in that
case, the member may retain the funds as clarified in Point 5 and settle the balance
amount to client.
What is the value of funds that a trading member can retain while doing the
settlement?
In case of client having any outstanding trade position on first Friday of the Month /
Quarter on which settlement of running account of funds is scheduled, a Trading
member may retain funds calculated in the manner specified below:
i. Entire pay-in obligation of funds outstanding at the end of day on date of
settlement, across all segments.
ii. Member may retain 50% of end of the day (EOD) margin requirement as cash
margin, excluding the margin on consolidated crystallized obligation/ MTM.
iii. Apart from 50% cash margin mentioned in point ii above, member may also
retain 225% of EOD margin (which includes additional 125% margin) reduced by
50% cash margin and the value of securities (after applying appropriate haircut)
accepted as collateral from the clients by way of ‘margin pledge’ created in the
Depository system for the purpose of margin and value of commodities (after
applying appropriate haircut). The margin liability shall include the end of the
day margin requirement in all the segments across exchanges excluding the
margin on consolidated crystallized obligation/ MTM. The margin liability may
also include the margin collected by the Member from their clients as per the
risk management policy and informed to the clients.
Computation for arriving at retention of excess client funds based on above points
would be as under:
^ Excess securities need not to be unpledged.
An indicative format of retention statement is attached as Annexure 1. In case of any other
format, members should ensure that the contents specified by the relevant circulars are
covered in the retention statement.
Note:
a) Client’s running account shall be considered settled if member has given
instructions to bank for credit to client’s bank account, provided that the member
has sufficient balance in its account.
b) While computing the value of securities, the closing rate for the trade date prior to
the settlement date (T-1 day) should be considered after appropriate hair-cut viz.
VaR margin rate applicable for the security in the Capital Market segment.
c) In case the member applies haircut more than VaR rate on a regular basis and the
actual margin is collected and exposure is provided accordingly, then such higher
rate may be considered for determining the amount to be retained, provided the member has intimated the requirement of additional margins to the clients through
the policy and procedures document and consistently through the daily margin
statements issued to clients.
d) No inter client adjustment/ passing of Journal Entries can be done/ considered for
the purpose of settling client accounts.
e) Obtaining of authorization from the clients to the effect that no settlement need be
done for running accounts is contradictory to the SEBI requirement and hence not
permissible.
Whether the securities pledged to Trading Member need to be unpledged while doing
the settlement?
Excess securities (in the form of margin pledge/re-pledge) with Trading Member (TM),
Clearing Member (CM) or with Clearing Corporation (CC), after adjustment of the 225%
of the margin liability need not be unpledged for the purpose of periodic settlement.
Can Members issue payments through physical mode, while settling the accounts of
the clients?
For the purpose of settlement of funds, the mode of transfer of funds shall be by way
of electronic funds transfer viz., through National Electronic Funds Transfer (NEFT),
Real Time Gross Settlement (RTGS), etc.
Members may issue a physical payment instrument (cheque or demand draft), only in
cases where electronic payment instructions have failed or have been rejected by the
bank and after keeping adequate record of the same.
Further, in case offailureof electronic paymentinstructions due to incorrect bank account
details, members shall obtain correct bank details from clients and update their records
after keeping adequate audit trail.
Is there any threshold amount below which members may not be required to settle
client’s account?
No. Retention of any amount towards administrative / operational difficulties in settling
the accounts of clients is not permitted.
When should a member send statement of accounts for funds / securities?
As clarified vide Exchange circular NSE/INSP/47227 dated February 03, 2021, every
member shall send a complete ‘Statement of Accounts’ for funds, securities and
commoditiesin respect of each of its clients on weekly basis. Members have to send the
‘Statement of Accounts’ on or before the next four trading days of subsequent week.
Further all members will continue to send ‘statement of accounts’ containing an extract
from the client ledger for funds, an extract from the register of securities/commodities
displaying all receipts and deliveries of securities/commodities and a statement
explaining the retention of funds/commodities within 5 days from the date of
settlement.
Notwithstanding anything contained above, Member shall issue the statement of
accounts for funds, securities and commodities for such period as may be requested by
the client from time to time.
The statement of accounts may be sent in hard or in soft form as per the consent
obtained from the client and POD / dispatch register / logs of email sent should be
retained by themember.
Members may refer Exchange circular NSE/INSP/47227 dated February 03, 2021, for
the format of the statement of accounts for funds and securities/commodities.
Is statement of account required to be issued in case no trades are done by the
clients?
The members shall not be required to send the ‘Statement of Accounts’ to clients with
zero funds, zero securities and zero commodities balances and also has been flagged as
‘Inactive’ (i.e., if no trades are carried out by the client in the last 12 months across all
Exchanges) in the UCC database ofthe Exchange.
In which circumstances the settlement need not be done by a member?
The periodic settlement as per the above- mentioned rules (Point no.1) is not required
to be done in the following cases:
a) Clients settling trades through “custodians.”
b) Margin received in the form of Bank Guarantees and Fixed Deposit Receipts, which
are created by clients.
c) Clearing members who are clearing trades of custodial participants/ trading
members
d) Cheques received by the Member from the clients and credited in the respective
client ledger but uncleared on settlement date.
e) In the case of new client, no settlement would be required on first settlement date
(i.e. first Friday of the Month or Quarter as per the preference of client) immediate
after registration of client. For example, a client who registered on October 01,2022
and opted quarterly settlement, would not be required to be settled on the first
settlement date i.e. October 07,2022 and should be settled on next settlement date
i.e. January 06,2023. However, members shall ensure that, if the client is having
credit balance, and has not done any transaction in the 30 calendar days since the
last transaction, the credit balance shall be returned to the client by TM, within next
three working days.
Can a member retain funds of clients towards obligations towards its sister
companies?
While settling client accounts, a member cannot retain funds in excess of the balances
mentioned in Point 5.
Accordingly, while ascertaining retention amount, a member cannot consider debit
balances of the client which are arising in the books of sister concern / associate of the
member registered in same/other exchanges / commodities broking.
Can the Member get the funds due for settlement invested in any other instrument
after taking consent from the client?
No. All Members are advised to strictly comply with the abovementioned requirement
relating to running account settlement and ensure strict adherence to the timelines
prescribed therein. Further, members should ensure to credit the settlement amount to
the client bank account directly and not run any schemes to invest the actual settlement
amount with the consent/without consent of the client.
Can the Member settle running account of funds of clients which are scheduled to
be settled in the month of September and October (till October 06,2022) directly on
October 07,2022?
Yes, running account of funds of clients, which are scheduled to be settled in the month
of September and October (till October 06, 2022) may directly be settled on October 07,
2022.