2008-07-03 | SEOJK KEP-258/BL/2008Added
This decision amends Regulation V.D.6 to establish requirements for securities companies providing financing for margin and short selling transactions, mandating that exchanges implement necessary trading systems and standard loan contracts within specified deadlines. It sets a minimum initial margin of IDR 200,000,000, caps margin financing at 65% of collateral value for long positions, and requires short selling collateral to be maintained at least 135% of the short position value. The regulation enforces strict liquidation procedures if collateral ratios fall below thresholds, with the previous 1997 regulation remaining valid only until December 31, 2008.
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MINISTRY OF FINANCE OF THE REPUBLIC OF INDONESIA CAPITAL MARKET SUPERVISORY AGENCY AND FINANCIAL INSTITUTIONS EXTRACT DECISION OF THE CHAIRMAN OF THE CAPITAL MARKET SUPERVISORY AGENCY AND FINANCIAL INSTITUTIONS NUMBER KEP-258/BL/2008 REGARDING SECURITIES TRANSACTION FINANCING BY SECURITIES COMPANIES FOR CLIENTS AND SHORT SELLING TRANSACTIONS BY SECURITIES COMPANIES
CHAIRMAN OF THE CAPITAL MARKET SUPERVISORY AGENCY AND FINANCIAL INSTITUTIONS,
Considering: that in order to increase the liquidity of Securities transactions and the quality of financing for the settlement of Securities transactions by Securities Companies for clients, as well as to increase legal certainty regarding Securities transactions, it is deemed necessary to perfect Regulation Number V.D.6, Appendix of the Decision of the Chairman of Bapepam Number: Kep-09/PM/1997 regarding Financing for the Settlement of Securities Transactions by Securities Companies for Clients by establishing a new Decision of the Chairman of the Capital Market Supervisory Agency and Financial Institutions;
Recalling: 1. Law Number 8 of 1995 concerning Capital Markets (State Gazette of 1995 Number 64, Supplement to the State Gazette Number 3608);
2. Government Regulation Number 45 of 1995 concerning the Conduct of Activities in the Capital Markets Sector (State Gazette of 1995 Number 86, Supplement to the State Gazette Number 3617) as amended by Government Regulation Number 12 of 2004 (State Gazette of 2004 Number 27, Supplement to the State Gazette Number 4372);
3. Government Regulation Number 46 of 1995 concerning Audits in the Capital Markets Sector (State Gazette of 1995 Number 87, Supplement to the State Gazette Number 3618);
4. Presidential Decree of the Republic of Indonesia Number 45/M of 2006;
DECIDES:
Establishing: DECISION OF THE CHAIRMAN OF THE CAPITAL MARKET SUPERVISORY AGENCY AND FINANCIAL INSTITUTIONS REGARDING SECURITIES TRANSACTION FINANCING BY SECURITIES COMPANIES FOR CLIENTS AND SHORT SELLING TRANSACTIONS BY SECURITIES COMPANIES.
MINISTRY OF FINANCE OF THE REPUBLIC OF INDONESIA CAPITAL MARKET SUPERVISORY AGENCY AND FINANCIAL INSTITUTIONS
Article 1
Regulations regarding Securities Transaction Financing by Securities Companies for Clients and Short Selling Transactions by Securities Companies are governed by Regulation Number V.D.6 as contained in the Appendix of this Decision.
Article 2
Stock Exchanges are required to:
a. establish Stock Exchange regulations governing the requirements for Securities that can be traded with financing by Securities Companies and that can be used as collateral for financing in the aforementioned transactions, as referred to in number 5 of Regulation Number V.D.6 of the Appendix of this Decision, no later than 3 (three) months since this Decision was established. b. prepare systems and/or trading facilities that facilitate the implementation of Short Selling Transactions as referred to in number 6 letter c item 10) and number 8 letter e of Regulation Number V.D.6 of the Appendix of this Decision, no later than one year since this Decision was established.
Article 3
Clearing and Guaranteeing Institutions are required to create standard securities lending and borrowing contracts as referred to in number 6 letter d item 3) of Regulation Number V.D.6 of the Appendix of this Decision, no later than 3 (three) months since this Decision was established.
Article 4
(1) Securities Companies that have provided financing facilities for Securities transactions to clients prior to the implementation of this Decision are required to adjust the financing transactions provided to clients as referred to in Regulation Number V.D.6, Appendix of this Decision, no later than December 31, 2008. (2) Regulations regarding client requirements eligible to receive financing from Securities Companies as referred to in number 3 of Regulation Number V.D.6, Appendix of this Decision, apply since the establishment of this Decision to new clients who will be provided with financing facilities for Securities transactions by Securities Companies.
Article 5
The Decision of the Chairman of Bapepam Number: Kep-09/PM/1997 dated April 30, 1997, regarding Financing for the Settlement of Securities Transactions by Securities Companies for clients, remains valid until December 31, 2008.
MINISTRY OF FINANCE OF THE REPUBLIC OF INDONESIA CAPITAL MARKET SUPERVISORY AGENCY AND FINANCIAL INSTITUTIONS
Article 6
This Decision takes effect from the date of establishment.
To ensure that everyone knows it, the announcement of this Decision is ordered by placing it in the State Gazette of the Republic of Indonesia.
Established in: Jakarta
On the date: June 30, 2008
Chairman of the Capital Market Supervisory Agency and Financial Institutions signed.
A. Fuad Rahmany
NIP 060063058
Copy consistent with the original
Head of the General Affairs Division signed.
Prasetyo Wahyu Adi Suryo
NIP 060076008
APPENDIX
REGULATION NUMBER V.D.6: SECURITIES TRANSACTION FINANCING BY SECURITIES COMPANIES FOR CLIENTS AND SHORT SELLING TRANSACTIONS BY SECURITIES COMPANIES
In this Regulation, the following terms are defined as:
a. Initial Collateral is a sum of funds and/or Securities that clients are required to deposit with Securities Companies as Financing Collateral upon the opening of a Margin Transaction Financing Securities Account or a Short Selling Transaction Financing Securities Account. b. Financing Collateral is a sum of funds and/or Securities owned by clients that are held by Securities Companies as collateral for the settlement of Margin Transactions or Short Selling Transactions.
c. Margin Call is a request by Securities Companies to clients to submit funds and/or Securities in order to meet the maximum financing value limit provided by Securities Companies to clients or the minimum Financing Collateral value limit that clients are required to meet.
d. Financing Agreement is an agreement between Securities Companies and clients containing rights and obligations related to the financing of the settlement of clients' Securities transactions by Securities Companies, which may include fund financing and/or Securities financing. e. Long Position is the balance of Securities in a specific account in the subsidiary Securities ledger showing a quantity of Securities owned by Securities Companies or a quantity of Securities that Securities Companies are required to deliver to clients. f. Short Position is the balance of Securities in a specific account in the subsidiary Securities ledger showing a quantity of Securities sold by Securities Companies for its own interests and/or clients' interests, but at the time of sale, such Securities were not owned by Securities Companies and/or not yet delivered by clients to Securities Companies. g. Margin Transaction Financing Securities Account is a clients' Securities account specifically used for Margin Transaction activities. h. Short Selling Transaction Financing Securities Account is a clients' Securities account specifically used for Short Selling Transaction activities.
i. Debit Balance is the balance in a Margin Transaction Financing Securities Account or a Short Selling Transaction Financing Securities Account showing the amount of money that clients are required to pay to Securities Companies.
j. Credit Balance is the balance of funds in clients' Securities accounts showing the obligations of Securities Companies to clients and/or showing collateral including Financing Collateral in Margin Transaction Financing Securities Accounts or Short Selling Transaction Financing Securities Accounts. k. Margin Transaction is a transaction to purchase Securities for the benefit of clients financed by Securities Companies.
l. Short Selling Transaction is a transaction to sell Securities where such Securities are not owned by the seller at the time the transaction is executed.
Requirements for Securities Companies That Can Provide Financing for the Settlement of Securities Transactions
a. Financing for the settlement of Margin Transactions and/or Short Selling Transactions can only be conducted if Securities Companies have met all of the following requirements:
Requirements for Clients Eligible to Receive Financing for the Settlement of Securities Transactions.
Financing for the settlement of Margin Transactions or Short Selling Transactions can only be provided by Securities Companies if clients meet all of the following criteria:
a. have a regular Securities account, to know the clients' transaction history; b. have opened a Margin Transaction Financing Securities Account for clients who will conduct Margin Transactions or a Short Selling Transaction Financing Securities Account for clients who will conduct Short Selling Transactions at Securities Companies based on Financing Agreements and still have a regular Securities account as referred to in letter a to accommodate Securities transactions not financed by Securities Companies; and
c. have deposited Initial Collateral with a value of at least IDR 200,000,000.00 (two hundred million rupiah) for each Margin Transaction Financing Securities Account and Short Selling Transaction Financing Securities Account.
Key Points of Clients' Securities Transaction Financing Agreements
The Financing Agreement as referred to in number 3 letter b must at least contain the following clauses:
a. the high level of clients' investment risk due to changes in Securities prices that may result in, among other things, a decrease, depletion, or negative balance of clients' Financing Collateral; b. Financing Collateral valuation policies regarding Securities, including among others the types of Securities accepted as Financing Collateral, the determination of fair market value, and the determination of haircuts (if any);
c. clients' obligation to fulfill Securities Companies' requests at all times regarding, among other things, Margin Calls for Margin Transactions, and/or Short Selling Transactions;
d. Securities Companies' obligation to notify clients of Margin Calls; e. Securities Companies' rights, in the event that clients fail to fulfill Margin Calls, to sell or buy Securities or take other actions agreed upon with clients at any time without providing reasons, notification, or prior approval in order to fulfill:
APPENDIX
d) Other parties.
Standard securities lending contracts must contain details including:
a) quantity and type of Securities; b) duration of the lending; c) collateral; d) rights related to the ownership of Securities, including voting rights, pre-emptive rights, bonuses, dividends, and interest; e) tax obligations; f) costs associated with the lending; g) breach of contract; h) valuation methods for lent Securities and collateral; and i) dispute resolution mechanisms.
In carrying out its functions, the Clearing and Guaranteeing Institution must create standard securities lending contracts whose content complies with paragraph 6 letter d item 2) and has been approved by Bapepam and LK for use by all Parties as referred to in paragraph 6 letter d item 1).
Any Party as referred to in paragraph 6 letter d item 1) that does not use the standard securities lending contract as referred to in paragraph 6 letter d item 3) may create a securities lending contract whose content complies with these regulations, provided it is accompanied by a legal opinion from 2 (two) legal consultants registered with Bapepam and LK and must be submitted to Bapepam and LK for approval before it becomes effective.
Securities Companies are prohibited from providing financing for Margin Transactions and/or Short Selling Transactions to their clients who are commissioners, directors, or employees of the said Securities Company.
Short Selling Transactions by Securities Companies
Securities Companies conducting Short Selling Transactions for their own account must follow the following regulations:
a. Before conducting a Short Selling Transaction, the Securities Company must:
b. At the time the first Short Selling Transaction occurs, the value of the segregated assets as referred to in paragraph 8 letter a item 2) plus the funds received from the sale of Securities through the Short Selling Transaction must be at least 150% (one hundred fifty percent) of the value of the Short Selling Transaction.
c. The value of the segregated assets plus the funds received from the sale of Securities through the Short Selling Transaction as referred to in paragraph 8 letter b must be maintained by the Securities Company at least 135% (one hundred thirty-five percent) of the fair market value of the Securities in the Short Position.
d. If the value of the segregated assets plus the funds received from the sale of Securities through the Short Selling Transaction as referred to in paragraph 8 letter b decreases and/or the fair market value of the Securities in the Short Position increases such that the value of the segregated assets plus the funds received from the sale of Securities through the Short Selling Transaction is less than:
e. Short Selling Transactions by Securities Companies are limited by the following regulations:
f. Securities Companies may only conduct Short Selling Transactions over Securities designated by the Stock Exchange as Securities eligible for short selling.
g. In the event that Securities no longer meet the conditions set by the Stock Exchange as Securities eligible for short selling, then ongoing Short Selling Transactions by the Securities Company must be settled no later than 5 (five) trading days from the date the Securities no longer meet the conditions set by the Stock Exchange.
Established in: Jakarta
On date: 30 June 2008
Chairman of the Capital Market Supervisory Board and Financial Institutions
signed.
A. Fuad Rahmany
NIP 060063058
Copy matches the original
Head of General Affairs Section
signed.
Prasetyo Wahyu Adi Suryo
NIP 060076008
Appendix: 1
Regulation Number: V.D.6
ILLUSTRATION OF MARGIN TRANSACTIONS AND SHORT SELLING TRANSACTIONS
Assumptions used in the illustration
a. In calculations, decimal numbers below 0.5 are rounded down to 0 and 0.5 and above are rounded up to 1; and b. Commission, transaction costs, taxes, and other costs are ignored.
Illustration of Client Margin Transactions
Client A opens a Margin Transaction Financing Securities Account by depositing Initial Collateral valued at Rp200,000,000.-. With the margin facility, the Securities Company can finance Client A by Rp200,000,000,- [50% of the Margin Transaction Value, paragraph 6 letter b item 3)] so that Client A can buy 400,000 shares of stock valued at Rp 400,000,000,- (Rp1,000,- per share). At the time of transaction settlement, the Securities Company will pay Rp400,000,000,- to the Clearing and Guaranteeing Institution, where Rp 200,000,000,- comes from the Client's Initial Collateral and Rp 200,000,000,- is financing from the Securities Company. The purchased shares subsequently become Financing Collateral so that the total Financing Collateral becomes valued at Rp400,000,000,-. Thus, the financing-to-collateral ratio is:
Rp200,000,000 : Rp400,000,000 (i.e., from Rp1,000 x 400,000 shares) = 50%
Stock price decrease condition
When the financing ratio reaches 71%, the Securities Company must issue a Margin Call to the client to submit additional funds or Securities to the Margin Transaction Financing Securities Account, so that the financing provided becomes at most 65% (sixty-five percent). To meet this ratio, the client must submit additional funds and/or Securities of at least:
financing value [amount of collateral x maximum financing limit] = Rp200,000,000 [Rp280,000,000 (from Rp700,x400,000 shares) x 65%] = Rp18,000,000
The additional funds and/or Securities are used to reduce the financing amount, so the financing ratio returns to:
(Rp200,000,000 - Rp18,000,000) : Rp280,000,000 = 65%
If the client does not submit additional funds and/or Securities while the stock price decreases further to Rp 600, then the financing ratio becomes Rp200,000,000 : Rp240,000,000 (i.e., Rp600 x 400,000 shares) = 83%
In this condition, the Securities Company must execute the collateral to restore the financing ratio to 65%. The amount of collateral that must be executed is:
(Rp200,000,000 - X) / (Rp240,000,000 - X) = 65%
Note: X is the executed collateral
The collateral that must be executed by the Securities Company is Rp125,702,879,-, so the financing value decreases to Rp74,297,121,-, which is Rp200,000,000 minus Rp125,702,879,- and the collateral value decreases to Rp114,297,121,-, which is Rp240,000,000 minus Rp125,702,879. Thus, the financing-to-collateral ratio becomes:
(Rp200,000,000 - Rp125,702,879) / (Rp240,000,000 - Rp125,702,879) = Rp74,297,121 / Rp114,297,121 = 65%
Margin Transaction Illustration Table:
Shares 400,000
Stock Price (Rp) 1,000 900 769 700 600
Financing Value (Rp) 200,000,000
Financing Collateral Value (Rp) 400,000,000 360,000,000 307,600,000 280,000,000 240,000,000 Ratio 50% 56% 65% 71% 83% Additional Funds/Securities (Rp) - - - 18,000,000 - Collateral Execution (Rp) - - - - 125,702,879
At the time of transaction settlement, the Securities Company will receive funds valued at Rp400,000,000,- from the Clearing and Guaranteeing Institution. The funds received from the sale subsequently become Financing Collateral, so the Financing Collateral ratio to the Short Position is:
(Rp200,000,000 (Initial Collateral) + Rp400,000,000 (funds from short selling)) / Rp400,000,000 (fair market value of Securities in Short Position) = 150%
Stock price increase condition
If the fair market value of shares in the Short Position increases to Rp 1,100, then the increase will cause the fair market value of Securities in the Short Position to increase to Rp 1,100 x 400,000 = Rp440,000,000,-, so the Financing Collateral ratio to the Short Position will decrease to:
Rp600,000,000 : Rp440,000,000 (i.e., from Rp1,100 x 400,000 shares) = 136%
If the fair market value of shares in the Short Position increases to Rp 1,111,- then the Financing Collateral ratio to the Short Position becomes:
Rp600,000,000 : Rp444,400,000 (i.e., from Rp1,111 x 400,000 shares) = 135%
If the fair market value of shares in the Short Position increases further to Rp1,200, then the Financing Collateral ratio to the Short Position becomes:
Rp600,000,000 : Rp480,000,000 (i.e., from Rp1200 x 400,000 shares) = 125%
When the Financing Collateral ratio to the Short Position is less than 135%, the Securities Company must issue a Margin Call to the client to submit additional funds or Securities to the Short Selling Transaction Financing Securities Account so that the Financing Collateral value to the fair market value of shares in the Short Position becomes at least 135% (one hundred thirty-five percent).
When the fair market value of shares in the Short Position is Rp480,000,000, the Financing Collateral should be Rp480,000,000 x 135% = Rp.648,000,000. Because the existing collateral is Rp600,000,000, the client must submit additional funds and/or Securities of at least Rp48,000,000,-
If the client does not submit additional funds and/or Securities while the fair market value of shares in the Short Position increases further to Rp1,300, then the Financing Collateral ratio to the fair market value of shares in the Short Position becomes:
Rp600,000,000 : Rp520,000,000 (i.e., from Rp1,300 x 400,000 shares) = 115%
In this condition, the Securities Company must execute the collateral to buy shares in the Short Position in order to restore the ratio between Financing Collateral to the fair market value of shares in the Short Position to 135% (one hundred thirty-five percent). The collateral that must be executed is the value of shares in the Short Position that must be bought, which is:
(Rp600,000,000 - X) / (Rp520,000,000 - X) = 135%
Note: X is the value of shares in the Short Position that must be bought The shares in the Short Position that must be bought by the Securities Company are valued at Rp 291,077,467 or as many as Rp 291,077,467 : Rp1300 = 223,923 shares so that the ratio between Financing Collateral to the fair market value of shares in the Short Position is 135% (one hundred thirty-five percent) with the following calculation:
(Rp600,000,000 - Rp 291,077,467) / (Rp520,000,000 - Rp 291,077,467) = 135%
Short Selling Transaction Illustration Table:
Shares 400,000
Stock Price (Rp) 1,000 1,100 1,111 1,200 1,300 Short Position Value (Rp) 400,000,000 440,000,000 444,444,444 480,000,000 520,000,000 Financing Collateral Value (Rp) 600,000,000 Ratio 150% 136% 135% 125% 115% Additional Funds/Securities (Rp) - - - 48,000,000 - Purchase (Rp) - - - - 291,077,467
Closing of Short Selling Transaction Financing Securities Accounts.
If Client B intends to close the Short Selling Transaction Financing Securities Account when the price reaches Rp 1,300, then the Securities Company will purchase shares in the Short Position valued at Rp1,300 x 400,000 = Rp520,000,000. With this purchase, the remaining Financing Collateral value becomes:
Rp600,000,000 – Rp520,000,000 = Rp80,000,000.
With the closing of the account, the Securities Company receives the return of 400,000 shares valued at Rp 520,000,000 and the Client receives the remaining Financing Collateral of Rp 80,000,000,-
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Source: Otoritas Jasa Keuangan (Financial Services Authority) — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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