The regulator has issued a discussion paper, inviting feedback on the draft of the Sebi (Prohibition of Unexplained Suspicious Trading Activities in the Securities Market) Regulations, 2023, which are aimed at curbing front-running, use of mule accounts, pump and dump schemes, and misuse of social media influencers.
Under the proposed regulation, those indulging in suspicious trading activities or making abnormal gains will be deemed to be violating the securities laws unless they are able to effectively prove otherwise. “A new regulatory framework is required to be conceptualised wherein a person or group of connected persons exhibiting an unexplained suspicious trading pattern i.e. repetitive abnormal gainful dealings in a security or a set of securities, around the presence of material non-public information, would be deemed to be violating the securities laws, unless they are able to effectively rebut the said presumption,” Sebi said.
The proposal to charge an individual or a group making abnormal gains is on the lines of that used by the income-tax department. Sebi has proposed that the alleged wrongdoers will have to prove their trades are not based on MNPI. Further, they will have to submit detailed documentary evidence to substantiate their claims. A failure in providing effective explanation by the person or the connected person will result in a regulatory action by Sebi.
Further, in the remaining cases, establishing the communication of price-sensitive information was difficult as there are different case laws requiring different levels of evidence.
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