Matters could soon come to a head for Financial Technologies India Ltd (FTIL), the promoter of the crisis-ridden National Spot Exchange (NSEL), with the Forward Markets Commission (FMC) likely to issue a show-cause notice next week questioning the groups fit & proper status.
The regulator is in the final stages of drafting the notice which will be sent out next week, confirmed sources close to the development.
If the fit and proper tag is withdrawn, FTIL would have to sell its 26% stake in Multi Commodity Exchange (MCX), which is regulated by the FMC. The FMC will take a final call after giving time to the promoters to respond.
In the eventuality of you losing your status as a fit and proper person, you cannot continue to hold directorship or shareholding in any of the recognised futures commodity exchange, said the FMC in a letter dated August 20, 2013.
The letter to the NSEL board said the non-settlement of outstanding trades on NSEL reflects on your credibility and reputation which is a key ingredient in meeting the fit & proper criteria.
FTIL holds close to a 100% stake in NSEL. FTIL chairman and group CEO Jignesh Shah is also the NSEL vice-chairman. NSEL has been battling a R5,600-crore settlement crisis since late July.
Withdrawal of the fit and proper status could also have a bearing on FTIL-promoted equity exchange MCX-SX, which falls under the regulatory purview of the Securities and Exchange Board of India (Sebi). According to the Stock Exchange and Clearing Corporation (SECC) Regulations 2012, if a person or entity is declared not fit and proper by any regulatory body, Sebi can also do the same.
Earlier this month, Sebi granted a renewal of recognition to MCX-SX for a period of one year beginning September 16. The renewal, however, came with significant riders including the setting up of a committee to oversee all financial transactions, capital expenditure and key management appointments.
Meanwhile, more instances of wrongdoing by the ousted management at NSEL have come to light after a forensic audit by Grant Thornton stated there were various instances of related-party transactions involving Shalini Sinha, the wife of Anjani Sinha, the former head of the spot exchange.
According to sources, the report has said that Shalini Sinha floated a firm called SNP Designs, which traded huge volumes and on many occasions the regulatory requirement of initial margins