SECP to continue its vigorous enforcement drive

The Securities and Exchange Commission of Pakistan (SECP) reaffirms its commitment to continue its vigorous campaign against perpetrators of manipulative schemes, insider traders and violators of regulatory principles.

It is pertinent to mention here that the SECP has a very extensive scope under the laws that include regulating the capital markets, corporate, insurance companies, non-banking financial companies, collected investment schemes and other licensed entities linked to the sectors under its jurisdiction.

The SEPC’s activities governed through various laws, i.e., the SECP (amendment) Act 2016, Companies Act, 2017, Securities Act, 2015, Insurance Act, 2002 and a number of other laws. The powers of these laws for regulating, monitoring, surveillance and of taking enforcement actions have been delegated to various divisions and departments of the Commission. The departments authorized for certain regulatory actions, i.e., supervision, investigation, inquiries, surveillance, onsite and offsite inspections continue to function regularly irrespective of any change in the management. While enforcing compliance of relevant laws, the various departments of the SECP continue their efforts and have zero tolerance for any violations of shareholder rights and public interest in general.

In order to maintain effective credible deterrence, the SECP is continually performing its functions by carrying out investigations relating to insider trading and market manipulation. These investigations due to intricacies involved in their just disposal, are at different stages of completion and the Commission will proceed as per its legal and regulatory regimes. It is noteworthy that these investigations are in addition to regulatory and administrative actions taken by the Commission to strengthen capital market. Needless to say that the result of all actions whether criminal or administrative are made public as per the laid down policy.

It is pertinent to reiterate that the SECP believes in enhancing the legal and operational relationship with related agencies for effective law enforcement. Furthermore, the SECP is vigorously prosecuting its referred criminal complaints in the criminal courts, which are pending adjudication and providing its best possible assistance to the courts for just disposal of the cases.

Similarly, during the ongoing quarter starting July 1, 2017, the relevant department of the SECP has completed offsite examination of annual accounts of 50 companies and quarterly accounts of 52 companies. Moreover, adjudication processes against noncompliant companies have been rigorously pursued. The department has initiated 15 show cause proceedings against companies related to various non-compliances with legal requirements regarding directors’ powers, holding of annual general meetings, investment in associated companies, circulation of financial statements and misstatement in financial statement etc. Moreover winding up proceedings against non-operational companies was also initiated. The proceedings were concluded through orders against six companies.