 Introduction
 FTIL-NSEL merger not justified
 Who will the merger actually benefit?
 conclusion
 FMC (Forward Markets Commission) has played a major role in the NSEL
crisis
 The chairman of FMC, Ramesh Abhishek, had first passed an order
declaring Financial Technologies India Ltd (FTIL), not fit and proper
 As a result all other regulators used this order as a base to ensure other
exits of FTIL
 This draft order for merger of NSEL with FTIL, proposed by the Ministry
of Corporate Affairs (MCA) on the sole recommendation of the FMC sets
a dangerous precedent
 FMC was pressing for the merger of NSEL with FTIL even though the
case was still sub juice
 NSEL was a limited liability company
 Section 396 of the Companies Act states merger of two public
limited companies
 Government has sought to force-merge two private entities by
applying a section which is actually meant for Public Sector
Enterprises
 Merger should ideally happen only if both parties agree for
Amalgamation, but it is clearly not the case here
 FMC’s recommendation of the merger seems to be one sided
 Proposed merger of NSEL with FTIL will in fact erode the entire net
worth of FTIL
 It will also harm the 63000 shareholders, lift the corporate veil & set a
dangerous precedent
 This merger is clearly not in public interest
 FMC's recommendation of merger will also not help in repayment of
dues of trading clients of NSEL
 Dues have to be repaid by 24 defaulting companies, & not NSEL
which merely provided a platform for trading
 FMC has all the powers to take any action deemed appropriate
against defaulters & brokers
 FMC chairman however turns a blind eye to them
 FMC has always been chasing FTIL only
 It is high time that FMC starts chasing other parties like brokers
 They should also peruse defaulters to whom the money trail has been
traced to instead of concentrating only on FTIL

Fmc a major player in nsel crisis

  • 2.
     Introduction  FTIL-NSELmerger not justified  Who will the merger actually benefit?  conclusion
  • 3.
     FMC (ForwardMarkets Commission) has played a major role in the NSEL crisis  The chairman of FMC, Ramesh Abhishek, had first passed an order declaring Financial Technologies India Ltd (FTIL), not fit and proper  As a result all other regulators used this order as a base to ensure other exits of FTIL  This draft order for merger of NSEL with FTIL, proposed by the Ministry of Corporate Affairs (MCA) on the sole recommendation of the FMC sets a dangerous precedent  FMC was pressing for the merger of NSEL with FTIL even though the case was still sub juice
  • 4.
     NSEL wasa limited liability company  Section 396 of the Companies Act states merger of two public limited companies  Government has sought to force-merge two private entities by applying a section which is actually meant for Public Sector Enterprises  Merger should ideally happen only if both parties agree for Amalgamation, but it is clearly not the case here
  • 5.
     FMC’s recommendationof the merger seems to be one sided  Proposed merger of NSEL with FTIL will in fact erode the entire net worth of FTIL  It will also harm the 63000 shareholders, lift the corporate veil & set a dangerous precedent  This merger is clearly not in public interest  FMC's recommendation of merger will also not help in repayment of dues of trading clients of NSEL  Dues have to be repaid by 24 defaulting companies, & not NSEL which merely provided a platform for trading
  • 6.
     FMC hasall the powers to take any action deemed appropriate against defaulters & brokers  FMC chairman however turns a blind eye to them  FMC has always been chasing FTIL only  It is high time that FMC starts chasing other parties like brokers  They should also peruse defaulters to whom the money trail has been traced to instead of concentrating only on FTIL