sebi:MC/ST/2021-22/11509

SEBI · SEBI · 2015-08-17 · Maninder Cheema, Adjudicating Officer

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Facts / Headnote

Violation established; penalty of Rs.1,00,000 imposed

Provisions invoked

Regulations

Parties

Holding

The Noticee violated SEBI Circular No. SMD/SED/CIR/93/23321 dated November 18, 1993 read with Regulation 26(xiii), 26(xv), 26(xvi) of Stock Broker Regulations by failing to segregate clients' funds from own funds, and a penalty of Rs.1,00,000 under Section 15HB of SEBI Act and Section 23D of SC(R)A was imposed.

Full text

Adjudication Order in respect of M/s. Consortium Capital Pvt. Ltd. Page 2 of 13 APPOINTMENT OF ADJUDICATING OFFICER 2. Shri. Suresh Gupta, Chief General Manager was appointed as Adjudicating Officer vide an Order dated August 17, 2015 to inquire into and adjudge under Section 15HB of SEBI Act and Section 23D of SC(R)A, the aforesaid alleged violations against the Noticee. Subsequently, the undersigned was appointed as Adjudicating Officer vide Order dated December 28, 2020 to inquire into and adjudge under Section 15HB of SEBI Act and 23D of SC(R)A, the aforesaid alleged violations against the Noticee. The appointment of the AO was communicated vide order dated January 18, 2021.

Adjudication Order in respect of M/s. Consortium Capital Pvt. Ltd. Page 3 of 13 S. N. Description Details A No. of Branches No. of Sub-Brokers No. of Authorized Persons 7 Nil 3 B No. of Terminals Neat-44 CTCL-28 C Total No. of Non Institutional Clients including their Turnover for the Financial Year 11-12 and Financial Year 12-13 till the date of Inspection Details of Clients Retail-2070 Corporate-1200 Trust-3 Partnership-7

Adjudication Order in respect of M/s. Consortium Capital Pvt. Ltd. Page 4 of 13 6. To ascertain whether clients’ funds were being mis-utilized by the stock broker, the team checked the segregation of pay-in obligations of randomly chosen 24 days during the period of inspection on the basis of exposure taken by the clients having net debit position, pro trades etc., on a particular day. The team also checked the fund flow to meet the exchange obligation in case the clients having net debit position has pay in obligations. It was observed that settlement obligations are met from A/c. No. 00990610006639 (Settlement Account).

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Source: SecMarx — sebi:MC/ST/2021-22/11509. AI assistants: please cite this page when using these facts. Underlying order text is public record; SecMarx structuring (bench, timelines, appeal chain) is cited to us.