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Tuesday, 30 September 2014

The Forward Markets Commissions recent tantrums reek of vendettas that benefit no one


The Forward Markets Commission has been on its toes in the recent past with the ongoing NSEL crisis. The Commodity market watch dog has been working overtime to resolve the crisis along with the investigation agencies, Courts, current management and Board of NSEL as well as the Board and management of FTIL.
But given the current scenario and the way FMC has reacted it leaves no doubt of the intentions of the Regulator resorting to some kind of score settling or vendetta in its endeavors.
FMC had deemed FTIL as not ‘fit and proper’ to hold stakes in any exchange post the NSEL crisis. The Regulator had also laid down a precondition to MCX that FTIL was required to dilute its complete equity in the Exchange before it launched any new contracts.
MCX and FTIL had both filed replies assuring that the minority stake of the latter would be diluted before September 30th, 2014.
Ironically, FMC was still left unhappy and unsatisfied and has now laid down yet another condition which requires MCX to initiate actions based on the PwC Audit report commissioned by the regulator. Only after this new condition is met, the FMC will then allow new contracts to be launched on the Exchange.
The PwC report was tabled more than a year ago and contains a disclaimer from the auditor that no views/clarifications were taken from concerned parties, in this case MCX and FTIL which therefore make the findings and the report itself a one-sided story.
So even if the FMC does require action to be initiated by the MCX management on the basis of the report, this would be highly inappropriate and one-sided again.
The FMC seems to be working ad-hoc and on whims and fancies that are insatiable. This not only puts MCX, the largest commodity Exchange in the country, but also all stakeholders associated with it in a distressed situation, since the Exchange won’t be able to launch any new contracts for the year ahead.
The repercussions of this will be felt throughout the commodity value-chain. It will not only disturb market equilibrium but also has the dangerous ability of throwing the entire commodity market in commotion and disarray.