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The Forward Contracts (Regulation) Act, 1952, led to the 1952 establishment of the Forward Markets Commission of India The Capital Issues (Control) in 1953. Act, 1947, was passed by Parliament. Issuers in India 1955 needed to get government The Companies Act, 1956, permission regarding the enabled companies to be timing, size, and price of formed by registration; set their issues. out the responsibilities of companies, their directors, and their secretaries; and provided 1956 procedures for liquidation of companies; The Securities Contracts (Regulation) Act, 1956 (SCRA), was created to The Unit Trust of India Act, regulate stock markets. 1963 1963, provided for the formation of the Unit Trust of India. The Securities and Exchange Board of India Act, 1992, established the SEBI to protect 1992 the interests of investors in securities.

The Foreign Exchange The Securities and Exchange Board of India (Mutual Funds) Management Act, 1999, 1993 consolidated and amended Regulations, 1993, were the laws relating to foreign established. exchange and replaced the Foreign Exchange Regulation Act, 1973; The Insurance Regulatory and 1999 Development Authority of The Insolvency and India Act, 1999, established Bankruptcy Code, 2016, IRDAI, an autonomous apex 2016 instituted a time-bound statutory body for regulating process to resolve and developing the insurance insolvency. industry.

© 2021 CFA Institute Research Foundation. All rights reserved. 17 INDIA

Rajendra Kalur, CFA Director, Research and Advocacy, CFA Society India Shwetabh Sameer, CFA, CIPM Applied Statistical Researcher, Morningstar

Equity Market Debt Market Capitalization (USD)* 1,506 Bn 1,797 Bn Capitalization (USD)*

Equity Market Domestic Debt Market Cap/GDP* 56% 67% Cap/GDP Debt Market Equity Market Share Instrument Volume Traded (USD)** 1,282,000 Mn 2,057,000 Mn Volume Traded (USD)** Number of Listed Com- Number of panies* 5,539 ~29,000 Issuers (Bonds) * As of March 2020 ** Fiscal Year 2020 (April 2019–March 2020)

EVOLUTION OF CAPITAL This period was the first boom cycle in the his- tory of India; however, it lasted only about half MARKETS IN INDIA a decade. After this period, the importance of The capital markets in India had their mod- a share-trading institution became evident. In est beginnings near the end of the 18th cen- 1875, a handful of brokers formed the Native tury when the loan securities of the Share and Stock Brokers’ Association, which Company were being traded in India. By the became the and is now early 19th century, a noticeable increase in the simply called BSE. It is the oldest stock exchange value of corporate securities of banks and cotton in Asia. presses had occurred. However, only a handful After the formation of the Bombay Stock of brokers were recognized by the banks to per- Exchange, various parts of India saw a rapid form trades. During the onset of the American expansion of textile mills, with cotton and Civil War (1860–61), raw cotton imports from jute industries flourishing throughout the US industries to Britain plunged sharply. This country. This expansion led to the formation change resulted in a heavy reliance on Bombay of new exchanges in Ahmedabad and Calcutta. (now ) for cotton; it became the major In the early 1900s, the Swadeshi movement supplier to Britain. With this rapid develop- (i.e., the boycott of British-made goods) and ment, Bombay became the chief trading center the establishment of such companies as Tata in India, hosting almost 250 brokers at one time. Iron and Steel Company (now Tata Steel) led

18 © 2021 CFA Institute Research Foundation. All rights reserved. India to further development of Indian businesses. A stock scandal in 1992 led to the creation of the Consequently, and World War II Securities and Exchange Board of India (SEBI) made the world recognize India as a key sup- as the regulator of Indian capital markets and plier of various commodities. But with restric- the formation of National Stock Exchange of tions on cotton, bullion, seeds, and other India (NSE), an automated, paperless exchange, commodities, enterprises started looking for to bring about transparency in the Indian equity other sources of funds for their businesses. This markets. Since then, NSE has grown tremen- trend prompted these companies to become dously, primarily because of the initial liquidity listed on the exchanges, which led to the emer- it was able to receive from its owners—banks gence of a few more exchanges in various parts and other financial institutions that had become of the country to facilitate the buying and selling important institutional holders of equities dur- of securities. ing the 1980s. Also, NSE gave cheaper and more efficient access to small brokers across During World War II, most of the stock the country, drawing liquidity away from other exchanges experienced a sharp fall. In the exchanges, including BSE. 1950s, as the scrips of such major companies as Tata Steel and Century Textiles and Industries The idea of strong corporate governance was Ltd began fluctuating wildly, a need for regula- also prominent in the past three decades, which tion and recognition of the exchanges emerged. led to amendments in the existing governance When the Securities Contracts (Regulation) Act, structure and the establishment of the Naresh 1956, came into force in 1957, the BSE became Chandra Committee on Corporate Audit and the first exchange to be recognized under the Governance by the Ministry of Corporate act, followed by seven other exchanges. The Affairs in 2002. Ethical practices and strong development of such financial institutions as governance form the pillars of the history of the Life Insurance Corporation of India further Indian capital markets. helped revive the sentiment of the public, which had been affected by insurance fraud by owners EQUITY of private insurance agencies. In 1963, the Unit Trust of India, the first mutual fund in India, The India equity markets constitute around 6.5% was established at the initiative of the govern- of the Asia-Pacific equity market capitaliza- ment of India and the Reserve . tion. NSE and BSE are the two most renowned The markets followed a downward trajectory national exchanges in India. Both follow the over the next few years as the country suffered same trading mechanism and settlement pro- wars and droughts. cess (T+2 rolling-settlement-cycle basis) and are regulated and governed by SEBI. The functions The 1980s saw tremendous growth in the of clearing and settlement for NSE and BSE are security market in India. The introduction of provided by NSE Clearing Limited and Indian public sector bonds and such successful issues Clearing Corporation Limited, respectively. as Limited and Larsen & Toubro led to enlarged volumes in the BSE boasts more than 5,000 companies listed secondary market, coupled with new listings on it consistently over the last 20 years. NSE has and the establishment of new stock exchanges seen a steady increase during this period, from across India. around 800 companies in 2002 to almost 2,000

© 2021 CFA Institute Research Foundation. All rights reserved. 19 India FIGURE 1. NUMBER OF COMPANY LISTINGS

7,000 6,000 5,000 4,000 3,000 2,000 1,000 0

1

1–2012 2001–20022002–20032003–20042004–20052005–20062006–20072007–20082008–20092009–20102010–201201 2012–20132013–20142014–20152015–20162016–20172017–20182018–20192019–2020 NSE BSE

Sources: NSE; BSE. in 2020 (see Figure 1). Although NSE has fewer years) of the total turnover (see Figure 3). Part listed companies, its market cap has been about of this turnover comes from NSE’s fully auto- equal to that of BSE throughout the period, with mated trading system—the National Exchange BSE and NSE being the 10th and 11th largest for Automated Trading, or NEAT, which was stock exchanges in the world by market capital- introduced at the beginning of the exchange’s ization (see Figure 2). establishment—and its vast network of very small aperture terminals, or VSATs (which In terms of liquidity, both exchanges compete require less infrastructure to service remote for order flow, which leads to reduced transac- locations), and leased lines spread across more tion costs and efficiency. NSE, however, enjoys than 2,000 cities in India. This vast network and the lion’s share (i.e., more than 90% in recent the high liquidity of NSE, along with that of FIGURE 2. HISTORICAL BSE AND NSE MARKET CAP

INR (billions) 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0

1

1–2012 2001–20022002–20032003–20042004–20052005–20062006–20072007–20082008–20092009–20102010–201201 2012–20132013–20142014–20152015–20162016–20172017–20182018–20192019–2020 BSE NSE

Sources: NSE; BSE.

20 © 2021 CFA Institute Research Foundation. All rights reserved. India FIGURE 3. BSE AND NSE CASH TURNOVER

Turnover (INR billions) 100,000 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0

1

1–2012 2001–20022002–20032003–20042004–20052005–20062006–20072007–20082008–20092009–20102010–201201 2012–20132013–20142014–20152015–20162016–20172017–20182018–20192019–2020 BSE NSE

Sources: NSE; BSE.

BSE, also paved the way for the consolidation of Intelligence Group shows that among public 15 regional exchanges in 2014. shareholders, mutual funds owned around 19% of the stocks in the S&P BSE 500 Index as of Each exchange introduced a new platform for September 2019, compared with around 12% in small and medium-sized enterprises (SMEs) in 2015 (see Table 1).1 This change can be attrib- 2012, in accordance with the rules and regula- uted to multiple factors, including an increase tions established by SEBI, to raise funds from in after the 2016 demonetiza- the public without an initial public offering. The tion, product innovations by asset management NSE EMERGE platform has around 200 listed companies (AMCs) in the form of systematic SMEs, and BSE has more than 300 companies investment plans, and improved reach of chan- listed on its SME platform. nel partners (especially direct channel, where In terms of sectoral composition, the Indian sales happen through AMC branches and web- capital markets have seen much change over sites) to bring smaller investors into the pool. the past three decades. Prior to globalization, As a result, such factors have led to a recent the composition of the BSE SENSEX was com- surge in inflows from retail investors, reducing pletely dominated by manufacturing compa- the reliance on offshore investments. nies, featuring 26 out of 30 companies. As the The clients of the asset management industry services sector grew, with a number of com- are predominantly individual asset owners, panies being nongovernment, especially in the owning more than 50% of fund assets under finance and information technology industries, management. This fact highlights how the the number of manufacturing companies fell by Indian market has no separation of institutional half, to around 13 companies in 2018. asset owners and asset managers, unlike most The mutual fund industry in India has become developed markets. an integral part of the country’s financial 1 landscape, seeing significant growth in the Rajesh Mascarenhas, “Domestic Investors Grow in Strength as Foreign Funds Take a Step Back,” Economic past decade. Research conducted by the ET Times (1 November 2019).

© 2021 CFA Institute Research Foundation. All rights reserved. 21 India TABLE 1. OWNERSHIP AMONG PUBLIC SHAREHOLDERS IN S&P BSE 500 STOCKS (%)

September September September September September Investors 2015 2016 2017 2018 2019 Banks 3.2 4.0 3.5 2.8 2.3 Foreign portfolio investment 53.3 51.9 49.2 48.5 48.2 Insurance 11.9 12.2 11.7 12.5 11.4 Mutual funds 11.6 11.5 14.0 16.1 18.8 Retail 20.0 20.4 21.6 20.1 19.3

Note: The S&P BSE 500 is a broad representation of the Indian market, consisting of the largest 500 con- stituents by market cap. Source: ET Intelligence Group.

The last few years have also seen consistent wake of the 2008–09 global financial crisis. growth in the participation of retail investors Cumulative net investments have significantly in owning equities, with the current number of increased to almost INR9 trillion (see Figure 4). Demat accounts, or dematerialized accounts, However, foreign investors have certain owner- growing to almost 41 million. Demat accounts ship limits when investing in Indian equities. were introduced when the Depositories Act, The aggregate FPI limit for Indian companies 1996, was passed by SEBI to phase out share is equivalent to the sectoral limits to which certificates and encourage holding shares in the companies belong. Securities are subse- electronic form. Today, shares of Indian listed quently put on the RBI caution or breach list companies can be held only in a , once the limit is reached and are monitored by since SEBI amended provisions to disallow Indian central securities depositories, National the transfer of securities in physical form after Securities Depository Limited (NSDL) and March 2019. Central Depository Services Limited (CDSL). In terms of foreign investor segments, there are two categories—foreign portfolio investment FIXED INCOME (FPI) and foreign direct investment (FDI). FPI Indian fixed-income securities consist of four is a harmonized route that came into effect in major segments: government securities, cor- June 2014, merging the two existing modes of porate and public sector debt, money market investments—foreign institutional investment securities, and bank and corporate deposits. (FII) and qualified foreign investment (QFI). Government securities (G-secs) constitute the The FPI category is governed by the Securities largest and most liquid segment of the Indian and Exchange Board of India (Foreign Portfolio fixed-income market. G-secs, along with money Investors) Regulations, 2019, and guidelines market securities, are regulated by RBI, India’s specified under FEMA 20 as issued by the , whereas SEBI regulates the corpo- (RBI). India has witnessed rate debt market. significant FPI growth in equity markets in the

22 © 2021 CFA Institute Research Foundation. All rights reserved. India FIGURE 4. CUMULATIVE FOREIGN PORTFOLIO INVESTMENT INFLOWS SINCE GLOBALIZATION

Cumulative FPI Inflows (INR billions) 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 1 1–12 1992–931993–941994–951995–961996–971997–981998–991999–002000–012001–022002–032003–042004–052005–062006–072007–082008–092009–102010–1201 2012–132013–142014–152015–162016–172017–182018–192019–20 Equity Debt

Source: NSDL.

The government security market includes Indian domestic fixed-income market, followed T-bills; cash management bills (maturity less by around 20% of the market for SDLs (see than 91 days); dated G-secs, which are issued Figure 5). by the ; and state develop- ment loans (SDLs), which are issued by state G-secs have experienced significant growth governments. Of these, dated G-secs constitute since the implementation of various structural the highest share, with more than 40% of the and policy changes in 2012. They have become

FIGURE 5. OUTSTANDING AMOUNT OF G-SECS

Outstanding G-Sec Issuance (INR billions) 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 March 2016 March 2017 March 2018 March 2019 March 2020 T-Bills SDLs GOI Dated

Note: “GOI Dated” represents Government of India dated G-secs; “SDLs” represents State Development Loans. Source: RBI.

© 2021 CFA Institute Research Foundation. All rights reserved. 23 India the third largest government debt market FIGURE 6. OWNERSHIP OF in Asia. The introduction of the Negotiated GOVERNMENT OF Dealing System (NDS), an electronic trad- INDIA DATED BONDS, ing platform, in 2002 by RBI played a major AS OF MARCH 2020 role in improving the efficiency of the market. Prior to NDS, telephone orders and physical Others transfer forms, called SGLs, were used for the (MFs, Cooperative Banks, etc.) 12% transfer and settlement of funds. With recent Commercial Banks 40% developments, G-secs can now be bought in Provident Funds 5% secondary markets through NDS-OM (NDS Foreign Portfolio Investors Order Matching), OTC markets with NDS-OM 2% reporting, or stock exchanges. The Clearing RBI Corporation of India, established in 2001 for 15% transaction settlement, has been instrumental in reducing the credit risk of participants by assuming the role of central counterparty. Even Insurance Companies with these developments, however, the market 25% is fairly skewed toward large institutional inves- tors, with banks, insurance companies, RBI, and Note: “MFs” stands for “mutual funds.” other major financial institutions representing a Source: RBI. majority of owners (see Figure 6). These entities are mandated to invest in G-secs through such deterrent, even though the large yield spreads regulations as the minimum statutory liquid- and recent reforms may make it attractive for ity ratio. In contrast, the participation of retail investors. investors has remained negligible. Low aware- ness, high transaction costs for intermediar- The recent investments by foreign portfolio ies, and the availability of similar instruments, investors have remained below 5%, despite the such as National Savings Certificates and fixed lifting of various restrictions imposed on for- deposits, have kept them away from this seg- eign investors’ holdings by RBI in 2018. RBI ment. New initiatives—such as NSE goBID introduced the Medium Term Framework, (government Bond Investment Destination), which increased the investment limits on an online platform for retail investors to buy G-secs from 5% to 6% over the span of two G-secs—are aimed at increasing retail investor years, between Fiscal Year 2018 and Fiscal Year participation. 2020. Furthermore, foreign portfolio investors are no longer required to invest in govern- India’s debt market is among the top four debt ment bonds with a minimum residual maturity markets in Asia. Although it has made efforts of three years, thus allowing them to invest in to be included in the J.P. Morgan Emerging short-term bonds as well. Additionally, in order Market Bond Index, these efforts have yet to to expand its investor base and attract long- bear fruit. Structural weaknesses, including a term oversees investments, RBI proposed a current account deficit, a large fiscal deficit, and separate route, called the Voluntary Retention high consumer , are seen as a strong Route, that enables foreign investors to avoid

24 © 2021 CFA Institute Research Foundation. All rights reserved. India FIGURE 7. OUTSTANDING AMOUNT OF CORPORATE BONDS

INR (billions) 35,000

30,000

25,000

20,000

15,000

10,000

5,000

0 March March March March March March March March March March 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Source: SEBI. macro-prudent or other regulatory hurdles that has also hindered the development of well- exist for FPI. Unlike with the normal route, for- capitalized financial intermediaries, which eign portfolio investors would have to volun- causes corporate bonds to have lower liquidity tarily commit to retaining a required minimum and quality. As a result, retail and institutional percentage of their investments in India for a investors have stayed away from this market. period of their choice. Furthermore, the quotas on foreign invest- ment make it difficult for foreign institutional The next largest segment, the corporate bond investors to effectively participate in this mar- market, consists of bonds issued by public sec- ket. The implementation of the Insolvency tor undertakings and private corporations. It and Bankruptcy Code, 2016, and a few cru- is much smaller than the government security cial amendments to RBI’s Large Exposures market in terms of trading volume and size Framework have provided a considerable boost (see Figure 7). Its penetration has generally to expand the market with more diverse issu- ranged between 15% and 20% of India’s GDP. ers. However, the demand for such issues has Around 80% of the market in corporate bonds mostly come from mutual funds and insurance consists of AAA and AA corporate issuances, products, which represent around 42% of mar- most of them private placements. Financial ket share, according to a report by CRISIL.2 sector companies represent around 75% of Hence, to attract new investors—including the total issuance. This market is relatively foreign portfolio investors and banks—more less developed compared with most develop- reforms are required, including incentives ing countries because of the reliance of cor- for market makers to improve the liquidity of porations on banks as the primary source of bonds in the secondary market. working capital. In addition, public sector own- ership of banks and RBI’s regulatory mecha- nism have prevented the growth of corporate 2CRISIL, “CRISIL Yearbook on the Indian Debt Market bonds. The absence of a proper reward system 2018” (24 October 2018). © 2021 CFA Institute Research Foundation. All rights reserved. 25 India DERIVATIVES FIGURE 8. TURNOVER OF OPTIONS AND FUTURES ON NSE, The Indian derivatives market has experienced 2019–2020 remarkable growth over the last decade. NSE and BSE are the major exchanges that provide Commodity Futures trading in futures and options for indexes, 0.002% Futures individual stocks, currencies, and commodi- 0.101% Stock Options ties. The market started in June 2000 with the Currency Options 3.46% trading of index futures contracts on NSE and 1.363% Stock Futures Currency Futures 4.194% BSE. Currency derivatives were introduced in 1.438% 2008. Index Futures 1.884% NSE offers the most liquid segment for index futures (NIFTY 50 and NIFTY Bank), stock futures, index options, and stock options. Its commodity segment, which started in 2018, is still in its nascent stage, with over 140,000 con- tracts traded on NSE in Fiscal Year 2019–2020. This segment got its start after SEBI allowed the integration of stocks and commodities trading on a single exchange in 2018, enabling NSE and BSE to launch a commodity derivatives plat- Index Options 87.553% form. Before that, commodity derivatives were traded separately on commodity exchanges, Note: Only notional turnover is considered for such as MCX and NCDEX. But with the recent options. merger of SEBI and the Forward Markets Sources: NSE; authors’ calculations. Commission, SEBI has now been granted the power to approve trading of commodity deriva- tives on major exchanges. CHALLENGES AND OPPORTUNITIES Today, NSE is the world’s largest exchange by the number of contracts, notching more than The principal capital market regulator, the 6 billion contracts in 2019–2020. NSE’s index Securities and Exchange Board of India, has options on NIFTY 50 and NIFTY Bank have a taken a series of steps to not only protect the share of over 87% by turnover in the financial interest of investors but also foster innova- year 2019–2020 (see Figure 8). Interest rate tion and entrepreneurship in the capital mar- futures and commodity derivatives, in contrast, kets. Chief among them is to initiate steps to represent a marginal portion, with shares of strengthen corporate governance in listed com- 0.1% and 0.002%, respectively. All options avail- panies by implementing the Kotak Committee able on NSE are European style and can be exer- on Corporate Governance report. SEBI has also cised only at expiration. initiated steps to make trading more transparent

26 © 2021 CFA Institute Research Foundation. All rights reserved. India by strengthening compliance to prevent the mis- 3. Recognize exchange-traded funds as distinct use of client funds by brokers. Recently, auditors from mutual funds, and create a separate have tried to escape scrutiny by resigning from set of regulations to encourage acceptance companies believed to be in violation of various of and expand the market, which currently corporate laws. The regulator has initiated steps represents around 18% of the market share to ensure auditors do not escape their respon- in India, compared with more than 40% in sibility. Coordination among the various regu- developed markets. lators has also improved through the Financial Stability and Development Council. 4. Improve incentives for foreign companies to list in India. Notwithstanding these very welcome and path- breaking reforms, challenges remain, including 5. Identify steps to expand the commodity the following: markets in India. In the past, political cal- culations and farm lobbyists have prevented 1. Identify areas of regulatory multiplicity the commodity markets from being ade- because handicapped by having quately developed. several regulators, including the Reserve Bank of India, the Insurance Regulatory and 6. Make investments in companies listed Development Authority, the Pension Fund abroad seamless. Regulatory and Development Authority, 7. Create an environment for growth of the and the Insolvency and Bankruptcy Board fintech space across the capital markets. of India. Although growth in this sector is rapid and 2. Expand the bond markets beyond govern- adequate capital seems to be available, there ment securities and AAA rated bonds. is a lack of clarity on the regulations and a Doing so would require freeing up and multiplicity of regulators. professionalizing the investment manage- India has a young population, a fast-growing ment arms of the Employees’ Provident economy, and widespread access to the inter- Fund Organisation and dismantling the net, but regulations need to become clear and rigid investment pattern mandated by the precise and the red tape eased to fully reap the government. Also, certain supply-side mea- benefits of the demographic dividend and help sures, including clarity on stamp duty, secu- India achieve the goal of becoming a US$5 tril- ritization of assets, and recovery of assets lion economy. through a fast-track mechanism, can lead to a much broader and deeper bond market.

© 2021 CFA Institute Research Foundation. All rights reserved. 27