18 November 2008
SEBI issued a circular to the various stock exchanges requiring mandatory internal audit for their stock-brokers / clearing members on a half-yearly basis.
The scope of the said audit includes the existence, scope and efficiency of the internal control system, compliance with the provisions of the SEBI Act, 1992, Securities Contracts (Regulation) Act, 1956, SEBI (Stock Brokers and Sub-Brokers) Regulations, 1992, circulars issued by SEBI, agreements, know-your-customer requirements, by-laws of the exchanges, and data security and insurance in respect of the operations of stock brokers / clearing members. The first such audit period will be from October 1, 2008 to March 31, 2009.
Following the SEBI circular, it is expected that the respective stock exchanges will come out with detailed guidelines in this regard. On the audit front, it is expected that the Institute of Chartered Accountants of India (ICAI) will also come up with guidance notes for its members for the conduct of audit.
The requirement provides an opportunity for strengthening controls and to reduce risks under volatile market conditions.
Internal Audit
Instead of considering the SEBI directive for internal audit as a compliance requirement, it should be used as a tool to strengthen internal controls and improve risk management. The areas that are of the utmost importance wherein the internal audit can add value are:
Client acceptance and anti-money laundering compliances
Client exposure and margin policy aspects
Sub-brokers and franchisee exposure and adequacy of margins
Treasury management
IT systems’ review and IT security aspects
Business continuity and disaster management
Designing budgetary control system with profit and cost centres
Revenue audit based on contractual arrangements with client and revenue sharing agreement with the franchisees/sub brokers
Manpower cost review including performance based incentives
Review of operating costs, including infrastructure and IT
Compliance with applicable regulations, such as those of SEBI, stock exchange regulations, Securities Transaction Tax, Service Tax, Income Tax, and Companies Act (in case of corporate entities).
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