Private trust can invest in stock market

In a move that could bring in thousands of crores of rupees in investment into the stock markets, the government is planning to amend rules for private trust to permit them to park their funds in listed shares and specified debt securities. The government will amend the Indian Trusts Act 1882, and once amended, the legislation will enable the government to notify a 'class of securities' as eligible for investment by private trusts. The cabinet approved the amendment Bill for this in 2007 and the proposals were further amended in October last year. It has been introduced in Lok Sabha again in the current session. The proposed changes would also do away with the requirement of case-to-case approval by the government of investment into securities the funds largely parked in fixed-deposits and similar debt instruments. The trustees would now get greater autonomy and flexibility to take decisions by assessing the risk-return trade-offs. It is most likely that private trusts may be allowed to adopt the investment pattern specified for non-government provident, gratuity and pension funds. These funds are now allowed to directly park up to 15 per cent of their investible funds in shares or companies on which derivatives are traded on the Bombay Stock Exchange or the National Stock Exchange.

"It would be consistent with the current economic environment and the present shift from a merit-based regulatory regime to disclosure-based regulatory regime," the statement explaining the Bill said. There are thousands of trusts in India that include religious and charitable trusts as well as statutory trusts formed by the government and quasi-government bodies managing large sums of money.In addition, employee welfare trusts and religious and charitable trusts also have substantial funds. These include the Tirumala Tirupati Devasthanams, Ramakrishna Mission, Swaminarayan Trust and the Mata Vaishno Devi Trust.

SEBI to Join Global Regulators Group

India will soon join the high table of top securities regulators, including those from the US, the UK, France and Germany.

In recognition of the strides made by India in terms of creating an enhanced regulatory structure, International Organization of Securities Commissions (IOSCO), a global policy forum for securities regulators, based in Spain, has invited the Indian capital market regulator, the Securities and Exchanges Board of India (SEBI), to join its technical committee. SEBI will join the committee at its next meeting in June.

India is currently a member of the Emerging Markets Committee of IOSCO and by the latter’s recent decision, it will join 15 key decision-making members.

The IOSCO membership will enable a two-way exchange of experiences in regulating markets between Sebi and other members with a view to promoting development of domestic bourses and making a united effort to establish an effective surveillance of international securities transactions.

It will also enable SEBI and other members to promote the integrity of the markets by a rigorous application of the standards and by effective enforcement against offences.

Apart from SEBI, regulatory authorities from Brazil and China have also been invited to take up membership of the technical committee.

Kathleen Casey, chairman of IOSCO’s technical committee, said, “The changing landscape of the international financial system in this time of crisis demands that organisations, such as ours, reflect such changes in the composition of its membership. It is quite proper that the technical committee now should include members from India, Brazil and China within its ranks.”

The new members were chosen on the basis of the size of their capital markets, the international nature of their markets and the development of their regulatory system and authority.