2 weeks Ago
The market regulator’s recent penalty on research analyst Arun N has left his peers worried as they fear that the requirement of adequate know-your-customer checks would be a compliance challenge. On 24 October, the Securities and Exchange Board of India (Sebi) fined Arun N ₹ 7 lakh for misleading clients by promising assured returns and failing to conduct KYC. KYC is an unclear area as there is no clarity on whether analysts need to verify client credentials, a senior research analyst told Mint on the condition of anonymity.
“The regulator may issue a circular clarifying the specifications of KYC and timelines.” Sebi-registered intermediaries are required to comply with 2023 regulations for KYC registration. However, there is no specific provision for research analysts to maintain records of client identification and services provided.
In August 2024, Sebi proposed that research analysts also follow KYC procedures for their fee-paying clients and maintain records. But this is still under discussion. The case of Arun N Sebi began investigating Arun, a registered research analyst, in March to assess compliance with regulations for the period between 1 April 2022 to 29 February 2024.
Sebi suspected he violated rules by outsourcing KYC activities and promising assured returns. Read more: Mutual funds develop a sweet tooth, more than double sugar stock purchases During its probe, Sebi found that Arun onboarded clients through Gap-up, a Rigi-owned Telegram-based forum, where investors received trade advice from Sebi-registered experts. While he collected names, mobile numbers and emails from most of his clients, Arun admitted to not conducting any direct KYC and instead relied on Gap-up for client onboarding and outsourced his core responsibilities.
Sebi concluded that Arun violated its master circular specifying KYC requirements, resulting in a penalty of ₹ 2 lakh, part of the overall fine of ₹ 7 lakh. Arun N did not respond to Mint ’s queries sent to him through LinkedIn. Violation of KYC regulations Sebi’s order underscores increased scrutiny over the use of third-party platforms, particularly for client onboarding and payment processing, said Ravi Prakash, head of the litigation team at law firm Corporate Professionals.
He clarified that Sebi has not discouraged third-party verification of KYC as it is not considered a core activity for research analysts. Many intermediaries across the industry use third-party verification platforms like CERSAI for KYC purposes, he said. The lawyer, who represented several analysts, said the regulator expected intermediaries to conduct sample checks periodically to ensure the integrity and accuracy of KYC records.
“Sebi could issue additional circulars to clarify specific KYC requirements for intermediaries, even though numerous circulars have already been released on the subject.” But Prakash said that if “there is an account-based relationship” between an analyst and the client, the KYC is required. But if the analyst is only engaging in public appearances and has no account-based relationship, KYC may not be mandatory, he said.
According to Anand K. Rathi, co-founder of MIRA Money, Sebi-registered research analysts are required to conduct KYC for onboarding clients, preferably without outsourcing this activity, to make appropriate recommendations to clients. Read more: Why this rural India-focused RIA wants to build an account aggregator platform Sebi’s action served as a “serious caution” for all research analysts, said Sangeeta Jhunjhunwala, partner at Khaitan Legal Associates, and demonstrated that failure to perform KYC can lead to financial penalties, legal repercussions, reputational damage, and even suspension or cancellation of their licence.
“Repeated KYC failures could directly impact the RA’s business by restricting access to Sebi registration privileges, possibly disqualifying them from client-facing roles within the regulated market.” Misleading investors on returns Sebi penalized Arun with ₹ 5 lakh for specifically making tacit promises of assured returns and claims of “75% accuracy”. Instead of specifics, Jhunjhunwala suggested that research analysts could consider restricting their communication to market trends or generalized insights to attract clients without breaching Sebi’s advertising code.
Rathi said promising guaranteed returns is a violation for any Sebi-registered intermediary, not just research analysts. “You could be penalized, barred from marketing activities, or your licence itself can be revoked.”.
