SECP expands investigation scope of KSE 2008 crash

26 Jun, 2013

The Securities and Exchange Commission of Pakistan (SECP) has expanded the investigation scope of Karachi Stock Exchange 2008 crash by extending the deadline to finalise an independent study ascertaining the reasons and causes of the crash. Sources told Business Recorder here on Tuesday that Acting Chairman SECP Tahir Mehmood has extended the deadline for submitting the inquiry report on 2008 stock exchange crisis to July 2013.
The initial inquiry report was prepared during tenure of former chairman SECP. Acting SECP Chairman has ordered to broaden the scope of the investigation by engaging an independent private financial expert Habibur Rehman with the task to dig out the accurate facts and prepare a transparent inquiry report.
Former chairman SECP Mohammad Ali on November 2, 2012 had decided to initiate an independent study into the reasons behind stock exchange crash of 2008 that left a long-term negative impact on the market. The study was aimed at helping the Commission in formulating the policies to ensure adequate level of transparency and general development of the capital market in Pakistan in future.
For this purpose, the commission hired the services of Shamim Ahmed Khan, former chairman SECP to conduct the study and make the final report public by April 30, 2013. When contacted, acting Chairman SECP Tahir Mehmood confirmed that the date of completion of inquiry report has been extended to July 15 because the earlier report was not fully prepared. He said former chairman SECP Shamim Ahmed Khan who was conducting the investigations had personally requested him that few tasks in the inquiry were incomplete so he should be given some additional time.
The SECP Chairman hopes that the inquiry report will thoroughly cover all the aspects of the stock exchange crisis. It is worth mentioning that the SECP had initiated an independent study into the reasons and causes of KSE crash in 2008. The decision was taken to devise strategies and plug loopholes that led to the market crash, which many think has led to huge flight of capital from the stock market, causing irreparable loss to investors.
According to the SECP, the 2008 crises had a long-term negative impact on the market and the study is expected to help the Commission formulate policies to ensure adequate level of transparency and general development of the capital market in Pakistan. The study will also evaluate the rational behind placing a floor on the share prices of listed securities, which was imposed on August 27, 2008 and continued till December 15, 2008. All the crises are dealt with best of options but it is generally not a tradition to conduct post event studies to learn from the past shortcomings.
The study will also examine whether the Central Depository Company (CDC) had played the role of a frontline regulatory body of the depository system. As per Terms of Reference, the report being prepared on the background, impact and recommendations to avoid recurrence of the 2008 stock market crisis in Pakistan should aim at identifying factors leading to issues observed in the Pakistani securities market in 2008, and review/ analyse the correlation of market movement with the trends in the global markets; impact of major financing positions in the CFS Mk-II and Deliverable Future Market and their relation with the movement in prices of shares and impact on the market upon decline. The report would evaluate the rationale for placing a floor on the share prices of listed securities w.e.f August 27, 2008 (the Floor).
It would analyse the role of the KSE, LSE and ISE as well as the SECP in the decision to impose the Floor and subsequently remove the Floor on December 15, 2008. The report would review the impact of the imposition of the Floor on the share prices in the market and on the market participants and stakeholders and determine the extent to which any market participant/stakeholder benefited or was disadvantaged by the imposition of the Floor as the case may be and examine the events which took place during the imposition of the Floor and how the market and the market participants related during this period.
It would also examine the role of the SECP, KSE, LSE and ISE in lifting the Floor and the subsequent measures taken to bring regulatory and operational reforms for enhancing transparency and investor protection and analyse the role of various market participants/stakeholders, but not limited to the role of investors, brokers as participants of CDC and National Clearing Company (NCCPL) in the entire situation.
The report would examine whether the CDC played the role of a frontline regulator of the depository system, or was merely a service provider, and how its role affected the market during the relevant period, with specific reference to the misuse of clients' securities and identify weaknesses in the system, policies, processes and the relevant regulatory framework.
It would also review the impact of reforms introduced by the frontline and apex regulators post 2008 market crisis; and suggest further regulatory and operational reforms/ steps needed for enhancing investor protection, promoting market stability and avoiding the occurrence of such a situation in future. Such suggestions should be made with respect to both legal amendments and improvement of existing systems in place to implement the legal framework effectively, SECP said.
The SECP added that in-depth investigation into stock market crisis of 2000, 2002, 2005 and 2006 was resorted to except the stock market crash of 2008. The new study on the stock market crisis of 2008 would enable the SECP to take corrective measures for restoring investor's confidence by keeping vigilant check on any type of malpractice in market transactions.

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