Question

Under Section 18 of the Securities Contracts (Regulation) Act, 1956, a broker, P, is operating in a State where Section 13 has been declared to apply (notified area). The State notification requires that contracts in securities shall be entered into only between recognized stock exchange members or through such members. P, claiming to conduct "spot delivery contracts," enters into a buy-sell transaction for physical share certificates where Party A sells shares to Party B on the same calendar day with physical delivery of certificates by courier and payment clearing within 24 hours. P claims this is exempt under Section 18(1) from the Section 13 restriction. Which of the following correctly applies Section 18 to determine the validity of P's transaction?

A The transaction is valid and exempt under Section 18(1) because it provides for actual delivery on the same day or next day, thereby meeting the spot delivery contract definition
B The transaction's exemption under Section 18(1) is conditional; Section 18(1) exempts spot delivery contracts from Sections 13, 14, 15, and 17, unless the Central Government has issued a notification under Section 18(2) declaring that Section 17's provisions (dealing restrictions) apply to spot delivery contracts in that particular State or area, in which case the transaction must comply with Section 17 requirements even if it qualifies as a spot delivery contract
C Section 18 exemptions cannot apply in notified areas (Section 13 areas); the State notification under Section 13 supersedes Section 18 exemptions
D Spot delivery contracts are always exempt from all securities regulations under Section 18; no government notification can restrict them
E The transaction is invalid because Section 18 applies only to derivative contracts, not physical share deliveries
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