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SEBI’s New Framework for Unexplained Suspicious Trading: Strengthening Market Integrity

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The Securities and Exchange Board of India (SEBI) has approved a new regulatory framework to curb 'unexplained suspicious trading activities' (USTA). This move aims to tackle sophisticated market manipulation like insider trading and front-running by shifting the focus to trading patterns and institutional accountability.

In a significant move to bolster the integrity of India's capital markets, the Securities and Exchange Board of India (SEBI) has approved a new regulatory framework to address 'unexplained suspicious trading activities' (USTA). This framework is designed to bridge the gap in existing regulations where proving insider trading or front-running is often difficult due to the lack of a clear 'communication link' between the source of information and the trader. Under the new rules, SEBI will monitor 'Suspicious Trading Activity' (STA), which includes a pattern of trades that are unusually profitable or avoid significant losses, and which coincide with the presence of Material Non-Public Information (MNPI). If such a pattern is identified, the onus will be on the concerned person or entity to provide a 'reasonable explanation' for their trades. If they fail to do so, the activity will be classified as USTA, leading to regulatory action. This shift from a purely evidence-based approach to a pattern-based approach is a response to the increasing use of encrypted communication channels that make traditional surveillance difficult.

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