Professional Documents
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Exchange of India Ltd Exchange Square, Suren Road, Chakala, Andheri (East), Mumbai 400 093 I/We hereby certify and confirm that I/We, ___________________________________a Member of the Exchange, carrying business with Membership ID ____________ have complied, during the Financial Year 2011-12, with all the Rules, Bye-Laws, Business Rules, Circulars and directives issued by Multi Commodity Exchange of India Ltd., in general and in particular all the specific areas listed in the Annexure 1 of this Report except for non-compliance(s), deviation(s) and exception(s), if any, as listed therein. Place: _________ Date: _________ For and on behalf of
Signature of Designated Director / Managing Director / Managing Partner / Proprietor / Karta/ Authorized Signatory/Compliance Officer Name: _____________________________
Annexure I Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 1 1.1 Particulars Complied (Yes/ No/ N.A.) Maintenance of Books of Accounts / Records / Registers Bye-law11.5 , Circular No. MCX/012/2006 dated January 10, 2006, Circular No. MCX/COMP/113/2010 , dated April 05, 2010 and Circular No. MCX/357/2006 dated September 2, 2006 1.2 Bye-law11.5, Circular No. MCX/357/2006 dated September 02, 2006, Circular No. MCX/COMP/113/2010 dated April 05, 2010, Circular No. MCX/COMP/358/2011 dated October 11, 2011 and Circular No. MCX/12/2006 dated January 10, 2006 Page 1 of 28 Exchange wise client ledgers Sauda Book (Register of Transactions) Remarks
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 1.3 Bye-law11.5, Circular No. MCX/012/2006 dated January 10, 2006 and Circular No. MCX/COMP/113/2010 dated April 05, 2010 1.4 Bye-law11.5, Circular No. MCX/012/2006 dated January 10, 2006 and Circular No. MCX/COMP/113/2010 dated April 05, 2010 1.5 Bye-law11.5, Circular No. MCX/012/2006 dated January 10, 2006 and Circular No. MCX/COMP/113/2010 dated April 05, 2010 1.6 Bye-law11.5, Circular No. MCX/012/2006 dated January 10, 2006 and Circular No. MCX/COMP/113/2010 dated April 05, 2010 Bank Pass Book Cash Book Journals General ledger Particulars
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Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 1.7 Bye-law11.5, Circular No. MCX/012/2006 dated January 10, 2006, Circular No. MCX/COMP/113/2010 dated April 05, 2010 and Circular No. MCX/357/2006 dated September 02, 2006 1.8 Bye-law11.5 and Circular No. MCX/012/2006 dated January 10, 2006 1.9 Bye-law11.5, Circular No. MCX/012/2006 dated January 10, 2006 and Circular No. MCX/357/2006 dated September 02, 2006 1.10 Bye-law11.5, Circular No. MCX/012/2006 dated January 10, 2006 and Circular No. MCX/357/2006 dated September 02, 2006 Page 3 of 28 Trade log Margin Deposit Book Bank Book Register of Complaints Particulars
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 1.11 Bye-law11.5 , Circular No. MCX/012/2006 dated January 10, 2006 and Circular No. MCX/357/2006 dated September 02, 2006 1.12 Rule 38 (f), Bye-law 11.5, and Circular No. MCX/399/2009 dated September 30, 2009. 1.13 Bye-law11.5, Circular No. MCX/012/2006 dated January 10, 2006 and Circular No. MCX/357/2006 dated September 02, 2006 1.14 Business Rules 21 (d), Bye-law 4.8, 11.5 and Circular No. MCX/012/2006 dated January 10, 2006 1.15 Bye-law11.5 and Circular No. MCX/012/2006 dated January 10, 2006 Page 4 of 28 Records in Respect of Premium / Discount Records of Deliveries Received / Tendered Contract wise Register of Commodities Evidence of client placing order Order log Particulars
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 1.16 Bye-law11.5 and Circular No. MCX/012/2006 dated January 10, 2006 1.17 Bye-law11.5 and Circular No. MCX/012/2006 dated January 10, 2006 2 2.1 Business Rules 27 (b), Circular No. Dealing with Clients Obtained Know Your Client Forms complete in all respect Records in Respect of Service Tax Records in Respect of Brokerage Particulars
MCX/COMP/206/2008 along with supporting documents dated June 16, 2008, Circular No. MCX/COMP/256/2008 dated July 31, 2008, Circular No. MCX/COMP/029/2009 dated January 19, 2009 Circular No. MCX/COMP/399/2009 dated September 30, 2009, Circular No. MCX/COMP/488/2009 dated November 27, Page 5 of 28 from all clients before accepting or placing orders on their behalf
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 2009 and Circular No. MCX/COMP/113/2010 dated April 05, 2011 2.2 Business Rules 27 (u), Not accepted orders in Inactive Circular No. Clients accounts without an undertaking from them to re-open Particulars
MCX/T&S/149/2008
dated April 23, 2008, those accounts and in case there Circular No. are material changes in the client
MCX/COMP/513/2009 details the required formalities of dated December 15, fresh KYC is done
2009 and Circular No. MCX/COMP/298/2010 dated August 21, 2010 2.3 Circular No. PAN Details of all clients obtained and uploaded to the
MCX/T&S/155/2007
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 2.4 Business Rules 27 (a) and Circular No. Executed Member Client Agreement as per format Particulars
MCX/COMP/113/2010 prescribed by the Exchange, with dated April 05, 2010 all Clients, before accepting or placing orders on their behalf 2.5 Business Rules 27 (c), Bye Laws 14.1.1, 14.1.2, Circular No. Issued Risk Disclosure Documents to all clients and maintained their
MCX/COMP/206/2008 acknowledgement dated June 16, 2008 and Circular No. MCX/COMP/113/2010 dated April 05, 2010 2.6 Bye-law 8, Business Collection of Margin from clients
Rule 27 (r), Circular No. before entering any order for MCX/012/2006 January Circular 10, dated them 2006, No.
MCX/COMP/113/2010 dated April 05, 2010, Circular dated 2010, December Circular No. 4, No.
MCX/COMP/429/2010
MCX/C&S/214/2011 Page 7 of 28
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange dated June 9, 2011 and Circular No. Particulars
MCX/COMP/358/2011 dated October 11, 2011 2.7 Circular No. Pre-funded Instruments (Pay
MCX/COMP/348/2011 Orders and Demand dated October 4, 2011 Drafts)/Electronic Fund Transfer
2.8
Bye-law 5.21, Circular Allotment of Unique Client Codes No. MCX/342/2006 to clients
dated August 24, 2006, MCX/COMP/088/2008 dated March 04, 2006, MCX/COMP/317/2008 dated October 07, 2008, Circular No.
2008 and Circular No. MCX/T&S/355/2011 dated October 10, 2011 2.9 Business Circular Rules 27(v), Not allotted multiple client codes No. to the same client
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange Circular No. Particulars
MCX/T&S/074/2011 dated March 12, 2011 3 3.1 Bye-law 4.7, Business Rule 27(p), Circular No. MCX/COMP/113/2010 dated April 05, 2010 and Circular No. MCX/COMP/358/2011 dated October 11, 2011 3.2 Circular No. Issued/ delivered contracts notes Contract Notes Issued Contract Notes to all clients
MCX/COMP/195/2008 within 24 hours of the execution dated June 06, 2008 and Circular No. MCX/COMP/046/2011 dated February 23, 2011 of trades
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Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 3.3 Circular No. MCX/409/2005 dated December 06, 2005, Circular No. MCX/012/2006 dated January 10, 2006, Circular No. MCX/LEGAL/363/200 8 dated November 15, 2008, Circular No. MCX/COMP/113/2010 dated April 05, 2010, and Circular no. MCX/LEGAL/404/2011 dated November 3, 2011 3.4 Circular No. Maintained evidence of Issue of Contract Notes as per format prescribed by the Exchange and with running serial number initiated at the start of every financial year Particulars
MCX/COMP/399/2009 dispatching Contract Notes dated September 30, 2009, Circular No. MCX/COMP/046/2011 dated February 23, 2011 and Circular No. MCX/COMP/256/2011 dated July 20, 2011 Page 10 of 28
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 3.5 Circular No. Maintained the proof of receipt of Particulars
MCX/COMP/113/2010 Contract notes by the clients dated April 05, 2010 3.6 Circular MCX/012/2006 No. Maintained duplicate Copy of dated Contract Notes
MCX/COMP/113/2010 dated April 05, 2010 3.7 Circular No. MCX/409/2005 dated December 06, 2005, Circular No. MCX/012/2006 dated January 10, 2006, Circular No. MCX/COMP/304/2007 dated September 01, 2007, and Circular No. MCX/COMP/256/2011 dated July 20, 2011 3.8 Circular MCX/032/2007 January Circular 22, No. Modification of client codes, if dated any, was done on the trading 2007, system only and no modification No. of client codes has been done Page 11 of 28 Complied with requirements related to issue of Digital Contract Notes
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange MCX/166/2007 dated beyond the stipulated time period Particulars
May 25, 2007, Circular No. MCX/T&S/343/ 2011 dated September 30,
2011 and Circular No. MCX/T&S/483/2011 dated 2011 4. 4.1 Business Rule 28 and Circular No. MCX/012/2006 dated January 10, 2006 4.2 Business Rule 28 and Circular No. MCX/012/2006 dated January 10, 2006 Brokerage Brokerage has been charged December 29,
separately and same has been mentioned separately from the price on the Contract Notes Brokerage has been charged
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Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 4.3 Circular MCX/357/2006 No. Not shared brokerage with of Particulars
dated another
member/employee
forbidden to do business/ /or unregistered intermediaries 5 5.1 Bye-law 9.2 Handling Funds and Maintaining Separate Client and Own Bank accounts
Bye-law 9.2, Business Segregation of Clients and Own Rule 27 (q), Circular Funds No. MCX/012/2006
MCX/COMP/113/2010 dated April 05, 2010 5.3 Circular No. Segregation of client accounts in
MCX/COMP/358/2011 Commodity Futures Exchange dated October 11, 2011 and National Commodity Spot Exchanges 5.4 Business Rule 27 (q) Not mis-utilized Clients Funds/ and Circular No. Commodities
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange MCX/COMP/113/2010 dated April 05, 2010 5.5 Business Rules 27 (s), 27 (t) and Circular No. MCX/COMP/304/2007 dated September 01, 2007, Circular No. MCX/COMP/401/2009 dated October 01, 2009 5.6 Business Circular MCX/012/2006 January Circular 10, Rule 19(c), Full Pay-out of Funds has been No. made to all clients within 48 hours dated of receiving relevant payout from 2006, the Exchange No. Not involved in cash transactions with clients Particulars
2007 and Circular No. MCX/COMP/113/2010 dated April 05, 2010 5.7 Circular No. Maintained evidence of making
MCX/COMP/399/2009 payments to clients for Mark to dated 2009 5.8 Business Rule 27 (d), Statement of Accounts for funds Circular No. (with error reporting clause) has Page 14 of 28 September 30, Market gains
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange MCX/COMP/304/2007 been sent every month to all dated 2007, September Circular 01, clients and Proof of Dispatch is No. maintained. Particulars
MCX/COMP/256/2011 dated July 20, 2011 6 6.1 Trading Bye Law 5.15.1, Rule 36 Use of Trading Terminals by (c), Business Rule 30, Approved Users only Circular MCX/332/2005 September Circular 30, No. dated 2005, No.
MCX/COMP/113/2010 dated April 05, 2010 6.2 Circular No. Not used any software facilitating matching/grouping Page 15 of 28 of orders
MCX/CTCL/042/2007
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange dated January 31, 2007, between clients Circular No. Particulars
MCX/CTCL/120/2009 dated March 20, 2009 6.3 Circular No. All orders were routed to the trading system of the Exchange
MCX/CTCL/042/2007
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange Circular No. Particulars
MCX/COMP/113/2010 dated April 05, 2010 6.4 Circular MCX/358/2006 September Circular 02, No. Periodic System Audit of CTCL dated and IBT conducted 2006, No.
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Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 6.5 Circular MCX/241/2006 No. All trades in own account were dated done in PRO code only and such Particulars
June 15, 2006, Circular trades were done in approved No. MCX/347/2006 locations only
MCX/COMP/113/2010 dated April 05, 2010 and dated 2011 6.6 Bye-law 6.1.7 and Traded only through approved work station(s) from approved location(s) 6.7 Business Rule 29(b), Business Business Circular Rule Rule 32 Not provided Trading (TWS / 30, CTCL) terminals to unauthorized & intermediaries or unauthorized No. extension of trading network Circular September No. 14,
MCX/T&S/314/2011
MCX/COMP/113/2010 dated April 05, 2010 6.8 Bye-law Circular 6.1.7 and Submitted required details of No. CTCL terminals to the Exchange
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 6.9 Bye-law 8.6.1, Circular Not indulged in any activity No. MCX/T&S/166/2007 dated April 30, 2007 and Circular No. resulting in to margin evasion including transfer of trades Particulars
MCX/COMP/113/2010 dated April 05, 2010 7 7.1 Rule 26(b), Business No Membership Requirements change or in Shareholding Pattern or
Sharing
dated April 06, 2006, Partner/Name/Dominant Circular MCX/476/2006 November Circular MCX/151/2007 April 20, 2007 09, No. Promoter Group without
Circular
MCX/MEM/132/2008 dated May 15, 2008 7.2 Rule 21(i), Circular No. MCX/MEM/259/2009 dated June 16, 2009, Circular No. Page 19 of 28 Maintained Net-Worth Exchange requirement as per
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange MCX/COMP/113/2010 dated April 05, 2010 and Circular No. MCX/COMP/358/2011 dated October 11, 2011 7.3 Circular MCX/207/2006 May 19, 2006 7.4 Circular No. Submitted Annual Compliance No. Appointment dated Officer of Compliance Particulars
MCX/COMP/183/2008 Report FY: 2010-2011 dated May 27, 2008, Circular No.
MCX/COMP/213/2011 dated June 07, 2011 7.5 Circular No. Submitted Annual Returns FY:
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange dated October 14, 2011 8 8.1 Circular MCX/007/2005 January 03, Others No. Not Issued Advertisement dated without prior approval from the 2005, Exchange Particulars
Circular No. MCX/003/2006 dated January 03, 2006, Circular No. MCX/012/2006 dated January 10, 2006 and Circular No. MCX/COMP/113/2010 dated April 05, 2010 8.2 Circular No. MCX/069/2004 dated August 05, 2004, Circular No. MCX/COMP/374/2009 dated September 16, 2009 and Circular No. MCX/COMP/085/2010 dated March 18, 2010 8.3 Bye-law 14.9, Circular Not doing business with / for any No. MCX/011/2006 entity / member Page 21 of 28 who are Not used MCX Logo/Emblem
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange dated January 10, 2006, prohibited to transact including and Circular No. suspended/expelled/defaulter dated entities / members, defaulting constituents and employees of other trading member 8.4 Rules 38 (f), Circular Not No. dated 2006, indulged directly or Particulars
MCX/357/2006
MCX/551/2006 indirectly in any activity in the December Circular 13, nature of Portfolio Advisory
2008 and Circular No. MCX/COMP/261/2010 dated July 26, 2010 8.5 Circular No. Complied with and Anti Know Money Your
2009 and Circular No. MCX/COMP/313/2010 dated 2010 8.6 Circular No. Maintained Investors Grievances Page 22 of 28 September 03,
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange MCX/012/2006 dated January 10, 2006, Circular No. MCX/COMP/304/2007 dated September 01, 2007 and Circular No. MCX/COMP/113/2010 dated April 05, 2010 8.7 Bye Laws 2.3.5, Business Rules 10A, Circular No. MCX/MEM/282/2010 dated August 07, 2010, Circular No. MCX/MEM/317/2010 dated September 07, 2010, Circular no. MCX/MEM/047/2011 dated February 23, 2011 and Circular No. MCX/ MEM/044/2012 dated February 02, 2012 8.8 Circular No. MCX/MEM/282/2010 dated August 07, 2010, Circular No. Stopped dealing with other market than Persons Complied with the requirements related to dealings through records and no complaints were pending for more than 30 days Particulars
Authorised Persons
intermediaries registered
Authorised
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange MCX/MEM/290/2010 dated August 16, 2010; Circular No. Particulars
MCX/COMP/113/2010 dated April 05, 2010 8.9 Business Rule 24 (d) Not indulged in Circular Trading, Cross Dealing, Price Rigging,
Price Manipulation and Any other Market Abuses 8.10 Rules, Business Circular Bye-laws, No Offices/Branches/Franchises Rules and or User IDs/ (TWS) Trade or Work Trading
No. Stations
MCX/COMP/113/2010 Terminal are being used for doing dated April 05, 2010 unauthorized / illegal trading / fictitious transactions or any trade outside Exchange 8.11 Circular MCX/357/2006 No. Display of Notice Board as per dated Exchange requirement Page 24 of 28 the purview of the
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange September Circular MCX/259/2006 June 29, 02, 2006, No. dated 2006, dated and No. Particulars
Circular
MCX/COMP/113/2010 dated April 05, 2010 8.12 Circular No. MCCP Certification obtained by at least one of the employees
259/2006 dated June 29, 2006 and Circular No. MCX/357/2006 dated
September 02, 2006 8.13 Bye-law 4.8, No. Circular Stamp Duty paid
MCX/101/2005
dated March 14, 2005, Circular MCX/181/2005 May 11, 2005, No. dated and No.
Circular
MCX/COMP/113/2010 Page 25 of 28
Rules/ Bye-laws/ Business Rules / Circulars of the Exchange dated April 05, 2010, 8.14 Bye-law 4.8, Business Services Tax/ Sales Tax/ VAT Particulars
MCX/COMP/113/2010 dated April 05, 2010 8.15 Bye Law 10, Business Complied with all requirements Rule 21, Circular No. pertaining to delivery / receipt of MCX/176/2005 dated commodities May 06, 2005, Circular No. MCX/238/2005
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Rules/ Bye-laws/ Business Rules / Circulars of the Exchange 8.16 Business Rule 6(3), 10 Taken insurance policy and Circular No. Particulars
MCX/FINACCT/097/2010 dated March 25, 2010 8.17 Circular No. Segregation of BPO/KPO services Commodity Derivatives
Place: _________
Date: __________ Signature of Designated Director/Managing Director/ Managing Partner/Proprietor/Karta/ Authorized Signatory/Compliance Officer Name: _______________________
Rubber Stamp
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Notes: 1 Please note that the report is to be signed by Designated Director/Managing Director/ Managing Partner/Proprietor/Karta/ Authorized Signatory/Compliance Officer only. 2 All pages are to be initialed by Designated Director/Managing Director/ Managing Partner/Proprietor/Karta/ Authorized Signatory/Compliance Officer only. 3 Please note to enter only one of the alternatives- Yes/No/N.A.- whichever is appropriate, in the column Status of Compliance for each of the items. Members may please note that Yes in the fourth column of the ACR format implies compliance with the circular while No implies non compliance with the circular mentioned in the second column. Yes/ No is not with respect to the particulars given in the third column. 4 Please note that for items referred as Not Applicable, the member must provide reason for non applicability in the respective remarks column. 5 Please also note that no item shall be left blank and that any item that is left blank will be construed as not complied with. 6 Where space in remarks column is not sufficient for comment, please enclose self certified annexure/s. 7 Members are required to ensure that the reporting to be made in ACR is done after proper scrutiny of their records and incorrect reporting will attract a penalty of Rs.2,500/- per instance.
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