Mobilising investors and luring them into their investment schemes through Short Message Services (SMSs) has become a common practice in both investment advisory and fund management space. While representatives of well-known registered firms also update investors about their schemes, it has become a grey area and investors need to be very careful before they fall into a trap and end up losing their hard earned money.
Having passed several orders against illegitimate collective investment schemes such as that of Saradha Group, Sumangal Industries and Rose Valley Group among others over the last few months, Sebi last week passed an order against certain entities that were engaged in offering investment advisory and portfolio management services through Short Message Services (SMSs) without getting themselves registered with the market regulator.
In its order dated August 20, 2013, passed against Imtiyaz Hanif Khanda (proprietor of Right Trade and Sai Traders) and Vali Mamad Habib Ghaniwala (proprietor of Bull Trader and Laxmi Traders), Sebi banned the entities from acting as investment advisors and portfolio managers and further ordered to withdraw all advertisements in relation to any unregistered activity they have in the securities market.
The companies were sending messages through mobile phones and one such message said, “If you want to earn daily 5,000 to 75,000 in equity and MCX market with our confirm intraday tips contact now for sure shot call at 09638912434.”
The website of Right Trade said, “We create and manage your portfolio with short term and long term returns using fundamental analysis and our experience..... charges and return (%) will depend on investment amount....FII-based calls are also available with portfolio management service.”
While the entities were not registered with Sebi to provide the claimed services, Sebi through its investigation established that Khanda and Ghaniwala were engaged in providing investment advisory services to investors on payment of fees. The two through their entities gave intraday tips, stock specific recommendations to investors on a contractual basis on payment of fees. Khanda’s firm was also acting as a portfolio manager without being registered with Sebi as a portfolio manager. Sebi, in its order, said that the entities were involved