National Spot Exchange Limited

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1 National Spot Exchange Limited Circular Ref. No.: NSEL/C&S/2010/187 December 03, 2010 Dear Members, Procedure for deposit and withdrawal of E-Series (Dematerialized commodity) units as approved collaterals towards Additional Security Deposit. In terms of the provisions of the rules, Bye-laws and Business Rules of the Exchange, the members of the Exchange are informed that in a partial modification of the circular No. NSEL/C&S/2008/017 dated- October 16, 2008, the Exchange has included E-Series instruments as approved collaterals towards Additional Security Deposit and laid down the procedure for the same. Accordingly, all existing E-Series demated units such as E-Gold (ICIN-INC ), E-Silver (ICIN-INC ) and E-Copper (ICIN-INC ) can be accepted as approved collaterals against Additional Security Deposit. The Exchange may issue / revise the list of approved dematerialized units with suitable margin / haircut from time to time. The following annexure / formats are enclosed for the references of the members. 1) The details containing procedure for submission and withdrawal E-Series ICINs as approved collaterals, Applicable haircut, pledge account details of Exchange, and charges relating to Pledge / un-pledge is enclosed as Annexure A, 2) Pledge deed for the members is enclosed as Annexure B, 3) Format of pledge request towards Additional Security Deposit Annexure C and 4) Format of withdrawal of the pledged securities Annexure D. The following Exchange official can be contacted for further clarification: 1) Mr. Sahendra Singh at ext: 9916 or through at nsel-dp@nationalspotexchange.com 2) Mr. Malulin Pandya at ext: 9921 or through at nsel-cns@nationalspotexchange.com For and on behalf of National Spot Exchange Ltd., Santosh Mansingh Asst. Vice President Encl.: As above Registered office A, Landmark, Suren Road, Chakala, Andheri (East), Mumbai Tel.: Fax: NSEL-CNS@nationalspotexchange.com

2 Annexure A Procedure for submission and withdrawal E-Series ICINs as Additional Securities Deposit, Applicable haircut, pledge account details of Exchange and charges relating to Pledge / un-pledge: (a) Eligibility of E-Series Commodities as Approved Collateral towards Additional Security Deposit. i) Members of the Exchange can deposit E-Series units as approved collaterals in the designated accounts (beneficiary account or margin account) maintained by his own name. These approved dematerialized units shall be pledged in favour of National Spot Exchange Limited (NSEL) ii) iii) The approved dematerialized units shall be subject to a minimum margin / haircut as specified by the Exchange from time to time. The Exchange shall carry the valuation of the said pledged dematerialized commodities units after applying appropriate haircut. In case of discontinuation of any E-Series ICIN from the approved list of collaterals, the members should replace such ICINs within a period of 2 (two) working days or within such time as may be specified by the Exchange. The valuation of such delisted ICINs shall not be considered by the Exchange after the lapse of such time given for replacement. (b) Ownership of the Approved Dematerialized Collaterals. i) The approved dematerialized Commodities units that may be deposited shall be subject to the beneficial ownership of the Member or any of the partners of the Member or any of the directors of the Member depending upon the nature of membership. However the depositor should not be a minor as on the date of deposit thereof. ii) In case of reconstitution / restructuring or any such change in the partners / directors of the Member, as applicable, a Member shall be required to replace the demat units belonging to such outgoing partners or directors held in their name solely or jointly, as the case may be, immediately and no benefit shall be given by the Exchange for such approved dematerialized Commodities units towards Additional security deposits or such similar requirements. (c) (d) Approved Dematerialized units not acceptable The dematerialized Commodities units which are not in the list shall not be accepted for the purpose of security deposit. Opening of a beneficiary / Margin Accounts: Members who are interested in availing of this facility may get in touch with the empanelled depository participants (DPs) of the Exchange. The list of the empanelled DPs are available in the Exchange web site. 2

3 i) It is advisable for the Members to open a beneficiary commodities account (called Margin account) with any of the empanelled DPs of NSEL to create the pledge towards for Additional Security Deposit. ii) iii) iv) The existing commodity beneficiary account of the member with NSEL empanelled DP (if any) also can be used for the said purpose. However existing CM-Pool accounts of the Members are not eligible to create such pledge request for pledging and unpledging of demat units. For this purpose, Members, who are individuals, may open the account in their own name. Members who are a partnership firm may open the account either in the name of the partnership firm or in the name of the partner. In case of a Corporate Member may open an account in the corporate name or in the name of their designated directors as the case may be. In addition to the opening of such beneficiary Account, one time Deed of pledge is to be executed in the format prescribed by the Exchange (annexure - B) on a non-judicial stamp paper of Rs.100/- or of such prescribed amount as may be applicable to an agreement if the deed of pledge is executed in the State of Maharashtra. In case the deed of pledge is executed outside the State of Maharashtra, the stamp duty payable in that particular State shall be payable, at the time of execution and the deed of pledge shall be stamped for the differential amount (if the stamp duty is higher in Maharashtra) within three months of its first receipt in the State of Maharashtra. The differential amount of stamp duty payable on such instrument shall be the amount of stamp duty in the State of Maharashtra, less the amount of stamp duty, if any, already paid under any law in force in India, when it was executed. Alternatively, the document may be stamped with stamp duty as applicable in the State of Maharashtra or as applicable in the State where document is executed, whichever is higher. (e) Marking / Creation of pledge The Member can deposit the demat commodities units in the said beneficiary account and mark a pledge in favour of the Exchange. 1) Members and the joint holders (pledger) if any, shall submit the completely filled pledge instruction(s) form or Pledged creation form to their DP with whom they have opened margin accounts to pledge the dematerialized units in favour of the Exchange (pledge). 2) On receipt of the Pledge creation instruction from the member (Pledger), the DP create Pledge Order Number (PON). 3) The Member informs the details of the Pledge in the prescribed format (Annexure - C) to the Exchange. 4) On receipt of the Annexure C, the Exchange verify the submission of pledge deed (annexure - B). If the pledge deed has been provided, then the Exchange confirms the pledge in the Depository Participants Modules (DPM) system. 3

4 5) After confirmation of the pledge in the DPM by the Exchange, the dematerialized units are pledged in favour of the Exchange. The Exchange carry out evaluation and provide the limit after due haircut. (f) Valuation The value of the dematerialized commodity units pledged by the member will be reckoned at the last closing price / rate every day as being provided by National Spot Exchange limited (NSEL). i) The valuation as explained above shall be reduced by the relevant margin percentage (haircut) to arrive at the collateral value or net value of the dematerialized units. (g) Release of pledged dematerialized units / cancellation of pledge. i) Members may withdraw or replace the pledged dematerialized units from time to time. ii) iii) Members are advised to submit a letter for withdrawals of the pledged demat units to the Exchange in the specified format (Annexure - D). The Exchange may consider the request for release provided that. a) such member has no outstanding obligations / positions / dues towards the Exchange if any, and that there is no other liability under the Rules, Bye-Laws and Business Rules of the Exchange, and b) Exchange is of the opinion that such release does not entail any risk. iv) Upon receipt of a request from a Member for withdrawal of dematerialized units, the Exchange may carry out unilateral closure of the requested dematerialized units and release such units in favour of the members in the pledged beneficiary account. v) Cases where the Exchange receives pledge / un pledge request in the format given in annexure - C or Annexure D before 3:00 PM, the demat units are pledged / unpledged and additional margin limit will be revised in the same day. Cases received after 3:00 PM, the margin limit will be revised in the subsequent day. (h) Pledging related charges: i) The DP and Depository levies pledge charges to the Members towards creation of pledges. The said charges will be paid directly by the members / unit holders to their DP as per the billing cycle of the DPs. However the Exchange levied Rs.25/- per transaction to the members towards availing these facilities and the same shall be debited from the members settlement accounts. 4

5 (i) Details of the Exchange Margin Account : The members are advised to create the pledge against the following Margin Account of the Exchange. The designated Margin Account of the Exchange is as Depository DP Name DP ID CLIENT ID NSDL Stock Holding Corporation of India (SHCIL) IN CDSL Stock Holding Corporation of India (SHCIL) (j) The Haircut of the approved Dematerialized commodities: The haircut of E-Gold, E- Silver and E-Copper is as follows: Commodity ICIN HAIRCUT AVAILABLE MARGIN E-GOLD INC % 85% E-SILVER INC % 85% E-COPPER INC % 75% 5

6 Annexure - B Deed of Pledge to be executed by the Members for pledging of E-Series ICINs towards Additional Security Deposit. (To Be Executed on Non-Judicial Stamp Paper Of Rs.100/- or in Accordance with the Stamp Duty Applicable at The Place Of Execution, whichever Is Higher). This Deed of Pledge (hereinafter referred to as this Deed ) is executed at on this day of 20 by and having his office at hereinafter referred to as Member which expression shall unless repugnant to the context thereof include its successors, administrators and assigns) in favour of National Spot Exchange Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 102 A, Landmark, Suren Road, Chakala, Andheri (East), Mumbai , (hereinafter referred to as NSEL which expression shall unless repugnant to the context thereof, include its successors and assigns). WHEREAS (a) (b) (c) The Member is admitted as a Member (Clearing Member) of NSEL. One of the requirement of Membership is that the Member if desirous of availing exposure, shall maintain with NSEL initial security deposits / additional security deposits (hereinafter, for brevity purpose, referred to as security deposits ) in the form of cash, bank guarantees,securities and approved commodities for the due performance and fulfillment by him / it of his / its engagements, commitments, operations, obligations or liabilities as such Member including any sums due by such member to NSEL or any other party as decided by NSEL arising out of or incidental to any contracts made, executed, undertaken, carried out or entered into by such member. Commodities to be deposited by the Member for the purpose of availing additional exposure shall be in dematerialized form and as approved by NSEL from time to time. NOW THIS DEED WITNESSETH AS FOLLOWS: 1. In consideration of NSEL having agreed to accept approved dematerialized Commodities units as approved collaterals towards additional security deposits, the Member hereby pledges dematerialized commodity units (hereinafter referred to as demat commodities and which are described as approved demat commodities in the Schedule and shall include all the dematerialized commodities deposited from time to time in addition to, substitution of or replacement thereof) with NSEL as security for due performance and fulfillment by the Member of all his / its engagements, commitments, operations, obligations or liabilities as a Member of NSEL including any sums due by the Member to NSEL or any other party as decided by NSEL, arising out of or incidental to any contracts made, executed, undertaken, carried out or entered into by the member. 6

7 2. The Member declares and assures that all the said dematerialized commodities are owned by him / it and free from any prior charge, lien or encumbrance at the time of creation of such pledge and shall be unencumbered, absolute and exclusive property of the Member. 3. The Member agrees and undertakes that he / it shall not without the prior written permission of NSEL create any charge, lien or encumbrance of any kind upon or over the said dematerialized commodities hereby pledged or those which may hereafter be pledged except to NSEL, that the Member shall not suffer any such charge, lien or encumbrance that may affect the said dematerialized commodities or any part thereof, and further undertakes that he / it shall not do or allow anything to be done that may prejudice the Said dematerialized commodities while he / it remains liable to NSEL in any manner. 4. The Member agrees, declares and undertakes that he / it shall be bound and shall abide by the terms and conditions of the Scheme for the Deposit of dematerialized commodities in dematerialized form as formulated and determined by NSEL pertaining to security deposits, or such other requirements either in their existing form or as modified / changed / altered / amended from time to time pursuant to requirement / compliance of Membership. 5. The Member agrees and hereby authorizes that if in the opinion of NSEL, the Member has failed to perform and / or fails to fulfill his / its engagements, commitments, operations, obligations or liabilities as a Member of NSEL including payment of any sums due by him / it to NSEL or to any other party arising out of or incidental to any contracts made, executed, undertaken, carried out or entered into by him / it, then the Member agrees that NSEL may invoke the pledge and thereafter on giving one working day notice to the Member shall be empowered / entitled to, sell, dispose of or otherwise effect any other transfer of the Said dematerialized commodities in such manner and subject to such terms and conditions as it may deem fit and that the money if any realized from such sale / disposal / or other transfer shall be utilized towards dues / may be disbursed by NSEL in such manner and subject to terms and conditions as it may deem fit and further the Member shall do all such things, deeds, acts and execute all such documents as are necessary to enable NSEL to effect such sale / disposal / or other transfer. The decision of NSEL as to the obligations or liabilities or commitments of the Member and the amount claimed shall be final and binding on the Member. The Member agrees that one working day notice mentioned above shall be deemed to be a reasonable notice, as this pledge of securities is being accepted as security deposits by NSEL in lieu of cash deposits or bank guarantees, which can be invoked forthwith upon any amount becoming due and appropriated under the Rules, Bye-laws and Business Rules of NSEL. 6. The Said dematerialized commodities pledged as security shall be available at the disposal of NSEL and shall remain available for and in respect of all the obligations, liabilities or commitments of the Member jointly or severally and may be utilized as such at the discretion of NSEL, as if each of the obligations, liabilities or commitments is secured by the Said dematerialized commodities. This Deed shall not be considered as cancelled or in any way affected upon the utilization or realization by NSEL of the 7

8 Said dematerialized commodities for meeting any specific obligation, liability or commitment of the Member and shall continue and remain in operation in respect of all subsequent obligations, liabilities or commitments of the Member. 7. The Member agrees to be bound by the instructions of NSEL to its Depository Participant as the case may be, in respect of creation of pledge, invocation of pledge, release thereof, transfer of securities or sale of securities arising out of any obligations of the Member as referred hereinabove and the Member further agrees that NSEL shall not be bound to notify the Member in case of invocation of pledge created by the Member by these presents. 8. The Member shall be released from his / its obligations, liabilities under this Deed only when NSEL, in writing, expressly provides for the release of the Said dematerialized holdings. 9. The Member agrees that NSEL shall be entitled to sell, negotiate or otherwise transfer the Said dematerialized commodities and for the purpose to execute transfer documents and / or any other necessary documents, wherever applicable or other endorsements and that NSEL shall be entitled to receive from the Member all expenses incurred by NSEL for the aforesaid purposes. 10. The Member agrees to pay promptly all such fees, charges and / or costs pertaining to pledge of the Said dematerialized commodities to the Depository Participant and to execute such further documents whether of a legal nature or otherwise as may be required by NSEL for the purpose of giving effect to the provisions of this Deed and also the Scheme for the Deposit of commodities in dematerialized form. 11. The Member agrees that the deposit of the Said dematerialized commodities and the pledge thereof shall not be affected in any manner whatsoever if NSEL takes any action against the Member including suspension or expulsion or declaration of the Member as a defaulter. 12. The Member agrees that NSEL shall not be under any liability whatsoever to the Member or any other person for any loss, damage, expenses, costs, etc., arising out of the deposit of the Said dematerialized commodities under these presents, in any manner, due to any cause, whatsoever, irrespective of whether the Said dematerialized commodities are in the possession of NSEL at the time of such loss or damage or the happening of the cause thereof. The Member shall at all times indemnify and keep indemnified NSEL from and against all suits, proceedings, costs, charges, claims and demands whatsoever that may at any time arise or be brought or made by any person against NSEL in respect of any acts, matters and things lawfully done or caused to be done by NSEL in connection with the Said dematerialized commodities or in pursuance of the rights and powers of NSEL under this Deed. 13. The Member undertakes that the deposit of the Said dematerialized commodities and the pledge thereof and any pledge of dematerialized commodities that may be created shall be binding on the Member as continuing and that the same shall not be prejudiced by any failure on the part of the Member to comply with the Rules, Byelaws or Business Rules of NSEL or any other terms and conditions attendant to the Membership of NSEL and that NSEL shall be at liberty to enforce its rights hereunder, 8

9 notwithstanding its rights against the Member hereunder or under its Rules, Bye-laws and Business Rules including amendments thereof or in relation to the Said Securities or to any other security now or hereafter held or taken at any time irrespective of any variation, amendment, change or alteration of any terms or conditions in general or as applicable to the Member in particular. 14. The executants hereby declare that he / it has been duly authorized to execute this Deed by way of Board Resolution of the Member (only in case of corporate members) as per the copy of Board Resolution annexed hereto. 15. This Deed shall be governed by and construed and interpreted in accordance with the laws of India and the courts in Mumbai shall have exclusive jurisdiction on all matters arising out of this Deed. 16. This deed shall be applicable for all dematerialized commodities marked as pledged by the member from time to time. Executed at on the day, month and year above mentioned. Authorized signatories (Signed, sealed and delivered by the within named Member **) In the presence of witnesses 9

10 Request for deposit of E-Series units as Additional Security Deposits (On the Letter Head of the Member) Annexure - C To National Spot Exchange limited. 102-A, Landmark, Suren Road, Chakala, Andheri (E) Mumbai Fax Sub: Request for pledge of E-Series units as Additional Security Deposit for the Member id- Member name. Dear Sir, This is to inform you that pledge request have been initiated from our end for the following dematerialized units (ICINs) favouring National Spot Exchange Ltd. (NSEL) for the purpose of Additional Security Deposit. Pledger account details DP-id.DP Name Client id.client name.. Commodities ICIN Units / gram Date of pledge Pledged order number (PON) I / We have read and understood the terms and conditions mentioned in the pledge deed. We request you to confirm the pledge and provide the margin limit to the above mentioned member id as per the rules and regulation of the Exchange. Yours sincerely (Name & Signature of the member) 10

11 Annexure - D Request for withdrawal of E-Series units from Additional Security Deposits (On the Letter Head of the Member) To National Spot Exchange limited. 102-A, Landmark, Suren Road, Chakala, Andheri (E) Mumbai Fax Sub: Request for closure of pledge and withdrawal of demat units from Additional Security Deposit of the Member id- Member name. Dear Sir, Hereby I would like to inform you that the following dematerialized units have pledged with you for the purpose of Additional Security Deposit. I request you to release the following pledged ICINs and reduce my margin accordingly. Pledger account details DP-id.. DP-Name Client id. Client name. Commodities ICIN Units / gram Date of execution Pledged order number (PON) Yours sincerely (Name & Signature of the Member) ****** 11

This agreement made and entered into this day of, between. situated at

This agreement made and entered into this day of, between. situated at AGREEMENT BETWEEN THE DEPOSITORY PARTICIPANT [entity registered as Depository Participant of Central Depository Services (India) Limited [CDSL] with Securities and Exchange Board of India [SEBI] under