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The shares, which were illegally pledged with lenders, were deposited back into the investors’ accounts before Karvy’s creditors could stake claim. Bajaj Finance — one of the lenders to Karvy — has challenged the Sebi directive in the Securities Appellate Tribunal (SAT), which heard the matter and reserved its order till December 3.
Karvy had pledged securities worth Rs 2,300 crore of over 95,000 clients with ICICI Bank, HDFC Bank, IndusInd Bank and Bajaj Finance as collateral to raise over Rs 600 crore in loans for itself. This was revealed in the Sebi probe into client positions of select retail brokers, which is yet to be published. In an ex-parte order on November 22, Sebi barred the Hyderabad-based financial services firm from taking on new clients.
Pre-emptive move by Sebi
“If Sebi hadn’t taken this step, Karvy’s lenders would have staked claim on these securities,” said a person close to the development. “Before that could happen, Sebi directed depositories to return the securities,” the person added.
NSDL, one of the depositories, said, “As per the directions of Sebi and under supervision of NSE, securities have been transferred from the demat account named Karvy Stock Broking Ltd to the demat accounts of respective clients who have paid in full against these securities.” Karvy has 1.2 million clients, of whom around 300,000 are active.
The Sebi directive has spooked lenders, which are gearing up for a legal battle. Bajaj Finance was the first to get moving on Monday with its plea in SAT. Other lenders such as ICICI Bank, HDFC Bank and IndusInd Bank are expected to approach SAT soon.
Bajaj Finance declined to comment. Emails sent to ICICI Bank, HDFC Bank and IndusInd Bank remained unanswered till press time Monday.
In its November 22 order, Sebi had termed the pledging of client securities with lenders as ‘invalid’.
“Sebi had a meeting with all the lenders to Karvy. Banks have been careless in their lending practices by giving loans against clients’ shares,” said another person familiar with the development.
As per NSE’s interim investigation report to Sebi, securities worth about Rs 2,300 crore belonging to more than 95,000 clients were transferred to one demat account of Karvy Stock Broking, which was never disclosed to stock exchanges. The regulator alleged that fully paid securities of clients were also pledged by Karvy to generate funds for group entities.
ET had reported on November 27 that Karvy had pledged client securities worth Rs 2,800 crore some months ago, but that this has now come down to Rs 2,300 crore.
The Sebi order of November 22 said NSE had conducted a ‘limited purpose inspection’ of Karvy Stock Broking between January 1, 2019, and August 19, 2019. Mishandling of client securities by Karvy and a few other brokers is said to have prompted Sebi to ask brokerages to segregate client securities from the firms’ pool accounts.
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19 Comments on this Story
Rachna Agarwal30 days ago
I purchased few shares in 2018 of SBI, ITC and RIL, of very small amount around Rs. 20000/- by paying cash to M/s KARVY Stock Broking Ltd. Karvy did not transfer my shares in my D-mat account, these are still showing in BEN category. I requested several times to their representative to transfer shares from BEN to my D-MAT account but they did not transfer my shares and told me that you will have to face no problem at the time of selling shares. Now how can I get back my shares from Karvy - from the BEN account to D-MAT account. The culprit must be punished.
Please guide me.
J D193 days ago
My reliance stocks are also barred from sell and transfer
Gandhi Mrk314 days ago
Basic issue is how a share broker can pledge the shares of his clients to a lender. In the instant case all are institution lenders who are professional lenders. Shares lie in the name of an investor whose name is registered. Power of attorney holder with share broker only for the purpose of sale and purchase. Even if there is an omnibus provision in the powers of attorney same cannot be interpreted to nonsensical height. Further when power of attorney holder pledes the original owner should have at least to notice the share holder. More particularly when shares in huge numbers are pledged by stock broker, a lender should get alarmed of fraud. All appear to be hand in glove affair.