On Sunday, Kotak Mahindra Bank announced it was buying a 15 percent stake in the commodity-exchange MCX . With this move, Financial Technologies (FTIL), the parent company, becomes just a 5 percent holder in MCX.
Also Read: Kotak Bank pure financial investor in MCX: Paul Parambi
FTIL, promoted by Jignesh Shah, was asked by the regulator Forward Markets Commission to cut its MCX stake to 2 percent after its subsidiary NSEL was found violating regulations by facilitating forward contracts on the spot exchange and for allowing trading without holding collateral.
Will this pave a way for commodities market to become completely sophisticated or does it require further cleansing? Discussing the impact of the deal Ramesh Abhishek, chairman, Forward Market Commission, said the regulator is glad that finally the FTIL divestment in MCX has happened as per its 'fit and proper' order.
Going ahead he feels the market has an important role to play in the price discovery and hedging issues. Abhishek said FMC is working towards making the warehousing and forward market strong.
The regulator wants to make functioning of warehouses transparent and want to adopt third-party audit. "We are working closely with NSEL to repay money to borrowers," he added.
Agreeing with FMC Chairman, Rajnikant Patel, Former MD & CEO, BSE, said that WDRA (Warehousing Development and Regulatory Authority) must be put in place along with the entire networth criteria to check entries of fly-by-night operators, who get WDRA registration with one or two small warehouses.
"I think this is a care we must take and we have learnt a lot from the scam," he added.
Below is the transcript of Ramesh Abhishek and Rajnikant Patel's interview with Latha Venkatesh and Varinder Bansal of CNBC-TV18.
Latha: The regulator has had his way without getting into too many legal challenges. From Financial Technologies (FTIL) the regulator forcefully ensured that the stake of FTIL is brought down and will eventually be brought down to 2 percent in Multi Commodities Exchange (MCX). What are your next plans for the entire spectrum of commodity exchanges? Is the cleaning over so to speak?
Abhishek: We are glad that finally divestment of FTIL is taking place in MCX as per our fit and proper order of December last year. Non compliance of this order so far had created a lot of regulatory issues with MCX which was also hampering its development and growth and also market confidence had been a bit shaken on that account. However, now those issues will get sorted out.
Going ahead we feel that this market has a very important role to play in improving the price discovery and hedging issues on physical market. We would like this market to grow. We are trying to see that the warehousing in this market is made of highest quality because that is key to getting the confidence of the market participants.
One more thing that we are planning to do very soon is to encourage forward trading which is delivery based only on our exchanges. The Forward Contract Regulation Act provides for only delivery based forward contracts and the forward contracts in the physical market are not guaranteed and there are lot of risks for both buyers and sellers. So, we plan to introduce that segment in our exchanges very soon. That will be a game changer.
Latha: Can you just elaborate a little bit more on the warehousing bit. After all the chaos in National Spot Exchange Limited (NSEL) started from there. How are you planning to improve that piece?
Abhishek: After the NSEL scam we mandated our exchanges that they should get their warehouses registered by Warehousing Development and Regulatory Authority (WDRA). That process is going on. However, we are going to prescribe some capital adequacy norms, network criteria and other criteria for ensuring the proper warehouse service providers enter the exchange space.
We would also want to make the functioning of warehouses very transparent. We want to introduce third party audits and a lot of disclosures on the website so that people know what commodities are there in which warehouse in what quantity. So, we want to make this absolutely full proof so that the service levels in warehouses improves; the transparency improves because without this the market confidence will not be there in our warehouses.
Varinder: Regarding the Kotak-MCX and the NSEL deal, what happens to the money raised by FTIL? Second, there has been no action which has been taken against borrowers or the brokers. So, what happens to them? What happens to the actually problem which created all this fiasco?
Abhishek: One is what happens to the money that is going to FTIL. FTIL is a listed company which is not regulated by Forward Market Commission (FMC). So, what they do with money is not something that we have much to do with. They have to go by whatever are the prevalent laws enforced in the country.
So far as NSEL is concerned, various investigations are going on including in the Maharashtra Protection of Interest of Depositors (MPID) Act and process of recovery also has been initiated. We are also working closely with NSEL and the committee of NSEL investors and brokers to see that NSEL takes whatever steps required to force the defaulting members to pay up as soon as they can. So, all these efforts are going on simultaneously; criminal investigations, the pressure on NSEL to force the defaulting members. We are in constant touch with them, the committee of investors and brokers are constantly reviewing their work.
Today afternoon we have a joint meeting with NSEL board of directors and this committee to review what steps they have taken as they had agreed earlier. So, we are keeping all the pressure on but this is a judicial process on the investigation side and also on the recovery side under MPID Act. So, all things are going on and we are very hopeful that it will reach some stage where more recovery takes place and paid to the investors.
Latha: You heard the FMC Chairman's plans going forward both on warehousing as well as on forward markets trading. What are your thoughts; can it exponentially improve trading volumes?
Patel: What FMC Chairman said, it is step in the right direction. I believe that unless you put in together the WDRA piece and the entire network criteria which is a very nice step. Take away these fly-by-night operators who would actually come again into the market by getting WDRA registration with one or two small warehouses, I think this care we must take and we have learned a lot from this scam so to say.
Latha: Only network criteria is enough?
Patel: I would say network criteria and then also introduction of a warehouse management system and probably linking it to a clearing corporation. Varinder asked about what happens on the NSEL recovery process, I think to bring the entire piece into one integrated regulation of clearing corporation and then integrate it so that one side just as we have seen in the capital market similar seamless integration happens.
Then we have with the warehouse management and regulatory oversight and registration process with the stricter norms which would be more not only on the network but also initial capital and even the control systems. We should go down that level where we do the warehouse management system. That could actually be a game changer.