The woes of Jignesh Shah, already in trouble over last years scam at the National Spot Exchange Ltd (NSEL), seem to be multiplying. The Securities and Exchange Board of India (SEBI) has asked stock exchanges to advise stock brokers to do business with more than one software vendor. This will impact Shah whose company, Financial Technologies (FT), offers the trading software ODIN that has more than two-thirds of the trading platform market.
SEBI also wants brokers to enter into agreements with their vendors to keep the source code of the trading software with a third party or in an escrow, so that it can still be accessed if the vendor goes bust.
But neither is it fair to blame the regulator. The NSEL fiasco, which has left the exchange owing Rs 5,500 crore to around 13,000 investors, has eroded all round faith in Shah, the promoter of the exchange. SEBI is keen on ensuring that in case FT totters, back-up systems are in place. To avoid trading disruption in case one software provider fails, it has suggested keeping an alternative vendor as well.
And why has SEBI woken up over seven months after the NSEL scam broke out? "We are taking cautious steps before anything untoward happens in the market. SEBI has to safeguard the interests of investors," says a SEBI official.
There has been no official response from FT on the development so far. Shah has advised brokers to go to court against SEBI, says a trader on condition of anonymity. "There is no legal recourse for software vendors against the regulator," says Jay Parikh, Partner at Verus Advocates. "SEBIs order is in the nature of an advisory. It is not a diktat. Also it is the exchange and not the regulator which has advised the stock brokers."
There are also market rumours, however, that Shah is close to selling his stake in FT. That likelihood too may have led to SEBIs advice. It is widely believed that a deal may be announced shortly - and that is why, despite Shahs problems, the FT stock has jumped 27 per cent in five trading sessions, between February 13 and February 20, the price surging from Rs 268.50 to Rs 340.60.
It remains to be seen how many brokers actually heed SEBIs advice to tie-up up with two software vendors, given the costs involved.
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