1. What are Derivatives?
The term "Derivative" indicates that it has no independent value,
i.e. its value is entirely "derived" from the value of the underlying asset. The
underlying asset can be Securities, Commodities, Bullion, Currency, Livestock or
anything else. In other words, Derivative means a forward, future, option or any
other hybrid contract of pre determined fixed duration, linked for the purpose of
contract fulfillment to the value of a specified real or financial asset or to an
index of securities.
With Securities Laws (Second Amendment) Act,1999, Derivatives has been included
in the definition of Securities. The term Derivative has been defined in Securities
Contracts (Regulations) Act, as:-
- a security derived from a debt instrument, share, loan, whether secured or unsecured,
risk instrument or contract for differences or any other form of security;
- a contract which derives its value from the prices, or index of prices, of underlying
securities.
2. What is a Futures Contract?
Futures Contract means a legally binding agreement to buy or sell
the underlying security on a future date. Future contracts are the organized/standardized
contracts in terms of quantity, quality (in case of commodities), delivery time
and place for settlement on any date in future. The contract expires on a pre-specified
date which is called the expiry date of the contract. On expiry, futures can be
settled by delivery of the underlying asset or cash. Cash settlement enables the
settlement of obligations arising out of the future/option contract in cash.
3. What is an Option Contract?
Option Contract is a type of Derivatives Contract which gives
the buyer/holder of the contract the right (but not the obligation) to buy/sell
the underlying asset at a predetermined price within or at end of a specified period.
The buyer/holder of the option purchases the right from the seller/writer for
a consideration which is called the premium. The seller/writer of an option is obligated
to settle the option as per the terms of the contract when the buyer/holder exercises
his right. The underlying asset could include securities, an index of prices of
securities etc.
Under Securities Contracts (Regulations) Act,1956 options on securities has been
defined as "option in securities" means a contract for the purchase or sale of a
right to buy or sell, or a right to buy and sell, securities in future, and includes
a teji, a mandi, a teji mandi, a galli, a put, a call or a put and call in securities.
An Option to buy is called Call option and option to sell is called Put option.
Further, if an option that is exercisable on or before the expiry date is called
American option and one that is exercisable only on expiry date, is called European
option. The price at which the option is to be exercised is called Strike price
or Exercise price.
Therefore, in the case of American options the buyer has the right to exercise the
option at anytime on or before the expiry date. This request for exercise is submitted
to the Exchange, which randomly assigns the exercise request to the sellers of the
options, who are obligated to settle the terms of the contract within a specified
time frame.
As in the case of futures contracts, option contracts can be also be settled by
delivery of the underlying asset or cash. However, unlike futures cash settlement
in option contract entails paying/receiving the difference between the strike price/exercise
price and the price of the underlying asset either at the time of expiry of the
contract or at the time of exercise / assignment of the option contract.
4. What are Index Futures and Index Option Contracts?
Futures contract based on an index i.e. the underlying asset is
the index, are known as Index Futures Contracts. For example, futures contract on
NIFTY Index and BSE-30 Index. These contracts derive their value from the value
of the underlying index.
Similarly, the options contracts, which are based on some index, are known as Index
options contract. However, unlike Index Futures, the buyer of Index Option Contracts
has only the right but not the obligation to buy / sell the underlying index on
expiry. Index Option Contracts are generally European Style options i.e. they can
be exercised / assigned only on the expiry date.
An index, in turn derives its value from the prices of securities that constitute
the index and is created to represent the sentiments of the market as a whole or
of a particular sector of the economy. Indices that represent the whole market are
broad based indices and those that represent a particular sector are sectoral indices.
In the beginning futures and options were permitted only on S&P Nifty and BSE Sensex.
Subsequently, sectoral indices were also permitted for derivatives trading subject
to fulfilling the eligibility criteria. Derivative contracts may be permitted on
an index if 80% of the index constituents are individually eligible for derivatives
trading. However, no single ineligible stock in the index shall have a weightage
of more than 5% in the index. The index is required to fulfill the eligibility criteria
even after derivatives trading on the index has begun. If the index does not fulfill
the criteria for 3 consecutive months, then derivative contracts on such index would
be discontinued.
By its very nature, index cannot be delivered on maturity of the Index futures or
Index option contracts therefore, these contracts are essentially cash settled on
Expiry.
5. What is the structure of deravatives markets in India?
Derivative trading in India takes can place either on a separate
and independent Derivative Exchange or on a separate segment of an existing Stock
Exchange. Derivative Exchange/Segment function as a Self-Regulatory Organisation
(SRO) and SEBI acts as the oversight regulator. The clearing & settlement of all
trades on the Derivative Exchange/Segment would have to be through a Clearing Corporation/House,
which is independent in governance and membership from the Derivative Exchange/Segment.
6. What is the regulatory framework of derivatives markets in India?
With the amendment in the definition of ''securities'' under SC(R)A
(to include derivative contracts in the definition of securities), derivatives trading
takes place under the provisions of the Securities Contracts (Regulation) Act, 1956
and the Securities and Exchange Board of India Act, 1992.
Dr. L.C Gupta Committee constituted by SEBI had laid down the regulatory framework
for derivative trading in India. SEBI has also framed suggestive bye-law for Derivative
Exchanges/Segments and their Clearing Corporation/House which lays down the provisions
for trading and settlement of derivative contracts. The Rules, Bye-laws & Regulations
of the Derivative Segment of the Exchanges and their Clearing Corporation/House
have to be framed in line with the suggestive Bye-laws. SEBI has also laid the eligibility
conditions for Derivative Exchange/Segment and its Clearing Corporation/House. The
eligibility conditions have been framed to ensure that Derivative Exchange/Segment
& Clearing Corporation/House provide a transparent trading environment, safety &
integrity and provide facilities for redressal of investor grievances. Some of the
important eligibility conditions are -
- Derivative trading to take place through an online screen based Trading System.
- The Derivatives Exchange/Segment shall have online surveillance capability to monitor
positions, prices, and volumes on a real time basis to deter market manipulation.
- The Derivatives Exchange/ Segment should have arrangements for dissemination of
information about trades, quantities and quotes on a real time basis through atleast
two information vending networks, which are easily accessible to investors across
the country.
- The Derivatives Exchange/Segment should have arbitration and investor grievances
redressal mechanism operative from all the four areas / regions of the country.
- The Derivatives Exchange/Segment should have satisfactory system of monitoring investor
complaints and preventing irregularities in trading.
- The Derivative Segment of the Exchange would have a separate Investor Protection
Fund.
- The Clearing Corporation/House shall perform full novation, i.e. the Clearing Corporation/House
shall interpose itself between both legs of every trade, becoming the legal counterparty
to both or alternatively should provide an unconditional guarantee for settlement
of all trades.
- The Clearing Corporation/House shall have the capacity to monitor the overall position
of Members across both derivatives market and the underlying securities market for
those Members who are participating in both.
- The level of initial margin on Index Futures Contracts shall be related to the risk
of loss on the position. The concept of value-at-risk shall be used in calculating
required level of initial margins. The initial margins should be large enough to
cover the one-day loss that can be encountered on the position on 99% of the days.
- The Clearing Corporation/House shall establish facilities for electronic funds transfer
(EFT) for swift movement of margin payments.
- In the event of a Member defaulting in meeting its liabilities, the Clearing Corporation/House
shall transfer client positions and assets to another solvent Member or close-out
all open positions.
- The Clearing Corporation/House should have capabilities to segregate initial margins
deposited by Clearing Members for trades on their own account and on account of
his client. The Clearing Corporation/House shall hold the clients’ margin money
in trust for the client purposes only and should not allow its diversion for any
other purpose.
- The Clearing Corporation/House shall have a separate Trade Guarantee Fund for the
trades executed on Derivative Exchange / Segment.
Presently, SEBI has permitted Derivative Trading on the Derivative Segment of BSE
and the F&O Segment of NSE.
7. What are the various membership categories in the derivatives market?
The various types of membership in the derivatives market are as
follows:
- Trading Member (TM) – A TM is a member of the derivatives exchange and can
trade on his own behalf and on behalf of his clients.
- Clearing Member (CM) –These members are permitted to settle their own trades
as well as the trades of the other non-clearing members known as Trading Members
who have agreed to settle the trades through them.
- Self-clearing Member (SCM) – A SCM are those clearing members who can clear
and settle their own trades only.
8. What are the requirements to be a member of the Derivatives Exchange/Clearing
Corporation?
- Balance Sheet Networth Requirements: SEBI has prescribed a networth requirement
of Rs. 3 crores for clearing members. The clearing members are required to furnish
an auditor's certificate for the networth every 6 months to the exchange. The networth
requirement is Rs. 1 crore for a self-clearing member. SEBI has not specified any
networth requirement for a trading member.
- Liquid Networth Requirements: Every clearing member (both clearing members
and self-clearing members) has to maintain at least Rs. 50 lakhs as Liquid Networth
with the Exchange/Clearing Corporation.
- Certification requirements: The Members are required to pass the certification
programme approved by SEBI. Further, every trading member is required to appoint
at least two approved users who have passed the certification programme. Only the
approved users are permitted to operate the derivatives trading terminal.
9. What are requirements for a Member with regard to the conduct of his business?
The derivatives member is required to adhere to the code of conduct
specified under the SEBI Broker Sub-Broker regulations. The following conditions
stipulations have been laid by SEBI on the regulation of sales practices:
- Sales Personnel: The derivatives exchange recognizes the persons recommended
by the Trading Member and only such persons are authorized to act as sales personnel
of the TM. These persons who represent the TM are known as Authorised Persons.
- Know-your-client:The member is required to get the Know-your-client form
filled by every client.
- Risk disclosure document: The derivatives member must educate his client
on the risks of derivatives by providing a copy of the Risk disclosure document
to the client.
- Member-client agreement: The Member is also required to enter into the Member-client
agreement with all his clients.
10. What derivatives contracts are permitted by SEBI?
Derivative products have been introduced in a phased manner starting
with Index Futures Contracts in June 2000. Index Options and Stock Options were
introduced in June 2001 and July 2001 followed by Stock Futures in November 2001.
Sectoral Indices were permitted for derivatives trading in December 2002. Interest
Rate Futures on a notional bond and T-bill priced off ZCYC have been introduced
in June 2003 and Exchange Traded Interest Rate Futures on a notional bond priced
off a basket of Government Securities were permitted for trading in January 2004.
11. What is the eligibility criterion for stocks on which derivatives trading may
be permitted?
A stock on which Stock Option and single Stock Future contracts
are proposed to be introduced is required to fulfill the following broad eligibility
criteria:-
- The stock shall be chosen from amongst the top 500 stocks in terms of average daily
market capitalisation and average daily traded value in the previous six month on
a rolling basis.
- The stock’s median quarter-sigma order size over the last six months shall be not
less than Rs.1 Lakh. A stock’s quarter-sigma order size is the mean order size (in
value terms) required to cause a change in the stock price equal to one-quarter
of a standard deviation.
- The market wide position limit in the stock shall not be less than Rs.50 crores.
A stock can be included for derivatives trading as soon as it becomes eligible.
However, if the stock does not fulfill the eligibility criteria for 3 consecutive
months after being admitted to derivatives trading, then derivative contracts on
such a stock would be discontinued.
12. What is Mimimum Contract Size?
The Standing Committee on Finance, a Parliamentary Committee, at
the time of recommending amendment to Securities Contract (Regulation) Act, 1956
had recommended that the minimum contract size of derivative contracts traded in
the Indian Markets should be pegged not below Rs. 2 Lakhs. Based on this recommendation
SEBI has specified that the value of a derivative contract should not be less than
Rs. 2 Lakh at the time of introducing the contract in the market. In February 2004,
the Exchanges were advised to re-align the contracts sizes of existing derivative
contracts to Rs. 2 Lakhs. Subsequently, the Exchanges were authorized to align the
contracts sizes as and when required in line with the methodology prescribed by
SEBI.
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