Legal and Regulatory Environment of Commodity Derivatives

5 mins read
by Angel One
Understanding the legal landscape of India's burgeoning commodity derivatives market is crucial. Being aware of the various SEBI guidelines shaping this dynamic market can help you navigate it more effectively.

Over the last few years, participation in the Indian commodity derivatives market has been steadily going through an upswing. The Multi-Commodity Exchange (MCX), one of the country’s leading commodity exchanges, experienced a year-over-year commodity options growth of about 402.6% in 2022 alone.

If you are planning to take up commodity derivatives trading to capitalise on the short-term price movements of various agricultural and non-agricultural commodities, understanding the legal and regulatory environment surrounding the market is crucial. 

In this article, we’re going to explore the commodity derivatives market framework in India, the obligations of the various market participants and some of the key guidelines set by the market regulator – the Securities and Exchange Board of India (SEBI). 

Commodity Derivatives Market Framework

The commodity market in India is one of the most structured and regulated environments. Here is a quick overview of what the commodities derivatives market is structured like. 

  • Regulatory Authority 

At the helm of the market is the Securities and Exchange Board of India, which is the primary regulatory authority of the commodity derivatives market. Through various rules, regulations and reforms of existing systems, the SEBI oversees the functioning of the market, ensuring transparency, fairness and investor protection.

  • Commodities 

The commodity market in India is segmented into two major sections – agricultural commodities and non-agricultural commodities. Agricultural commodities include products that are derived from agriculture and farming, such as cereals, pulses, fibres, seeds and nuts among others. Non-agricultural commodities include products such as base metals, crude oil, bullion and natural gas among others.

  • Commodity Derivatives Market 

The commodity derivatives market encompasses two financial instruments – futures contracts and options contracts. Both commodity futures and options contracts are standardised by the exchanges, meaning they have fixed lot sizes (contract sizes) and other terms. 

These contracts can be traded between investors on commodity exchanges using the trading platform of stockbrokers. Currently, there are five commodity exchanges operational in the country.

  • Multi Commodity Exchange of India (MCX)
  • National Commodity and Derivatives Exchange (NCDEX)
  • Bombay Stock Exchange (BSE)
  • National Stock Exchange (NSE)

Obligations of Commodity Derivatives Market Participants

The commodity derivatives market is populated by multiple market participants, each with their own distinct roles and obligations. Here’s a closer look. 

Commodity Derivatives Market Participants Obligations
Derivative Contract Holders and Traders 
  • Adhering to the various position limits.
  • Maintaining the required margin for a contract at all times.
  • Fulfilling contractual obligations such as physical settlement of commodities. 
Commodity Exchanges
  • Providing a fair, transparent and efficient trading platform.
  • Ensuring that all trading activities conducted on their platform comply with the necessary regulatory standards.
  • Close monitoring of trading activities to detect and prevent market manipulation and abuse.
  • Managing the various risks effectively through strict risk management systems, policies and practices.
  • Maintaining proper commodity settlement mechanisms.
  • Informing market participants about the various rules related to contract specifications, trading hours and dispute resolution in a timely manner.
Clearing Corporations
  • Ensuring the smooth processing of commodity derivative transactions and guaranteeing the settlement of trades.
  • Managing counterparty risk. 
  • Ensuring all commodity derivative contract margins are posted and maintained by the Trading Members (TMs) in a timely manner.
  • Facilitating the delivery process for physical commodities.

SEBI Guidelines on the Commodity Derivatives Segment 

The Securities and Exchange Board of India published a master circular for the commodity derivatives segment on August 4, 2023. The circular contained various detailed guidelines that traders and other market participants must know and adhere to. 

  • Trading Guidelines

The trading guidelines are a list of rules that deal with the various aspects of commodity derivatives trading. Let’s take a closer look at what they entail. 

  • Trading Hours

According to SEBI guidelines, trading in the commodity derivatives segment is allowed from Monday to Friday. The market timings are as follows:

Category of Commodity  Permitted Trading Timings
Agricultural and agri-processed commodities From 9.00 AM to 9.00 PM
Non-agricultural commodities From 9.00 AM to 11.30 PM (with U.S. Daylight Savings Time) 

From 9.00 AM to 11.55 PM (without U.S. Daylight Savings Time)

In the case of the special one-hour Diwali Muhurat Trading session, the timings will be notified a few days before the session jointly by all commodity exchanges. 

  • Spot Price Polling

Stock exchanges are required to display the ‘Spot Price Polling Mechanism’, which is the technique used to determine spot prices of commodities, prominently on their web pages. This is to ensure transparency of pricing information. 

  • Daily Price Limits Guidelines 

Daily Price Limits (DPL) is the range within which the price of a commodity derivative contract is allowed to move during a day. If the prices exceed the limits, trading in the contract is suspended temporarily. The price limits set by the SEBI for agricultural and non-agricultural commodities are as follows.

Category of Commodity Initial DPL  Enhanced DPL  Aggregate DPL
Broad and Narrow Agri-Commodities 4% 2% 6%
Sensitive Agri-Commodities 3% 1% 4%
Energy, Metals and Precious Metals 6% 3% 9%
Gems and Stones 3% 3% 6%
Other Non-Agricultural Commodities 6% 3% 9%
  • Delivery and Settlement Guidelines

According to the guidelines by SEBI, the first preference for settlement of commodity derivative contracts shall always be through physical delivery. Cash settlement of contracts will only be considered if there’s proper justification. For instance, if the commodity is intangible, difficult to store or transport due to inadequate infrastructure or low shelf life. 

Conclusion

The legal and regulatory environment of India’s commodity derivatives market, under the vigilant oversight of SEBI, ensures a structured and transparent trading platform that’s accessible to everybody. The commodity market is ever-evolving; as a trader, you must make sure to stay informed of the various developments as and when they happen. 

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