• Regarding stock market investments

Hello sir, 
I am a govt employee and my wife too government employee and have come to know that being a govt. servant I/my wife can not do INTRADAY TRADING in shares and also if my transaction in shares exceed my six month basic pay I have to inform this to the dept. in a prescribed form. Since I am interested in INTRADAY TRADING,my INTRADAY TRADING AMOUNT is likely to increase the said limit. PLZ Suggest can I trade in the name of my mother (housewife) ??,Also sir my father too was a government employee that was my doubt,PLZ give clarity that can I trade by opening demat &tradingaccount on my mothers name
Asked 2 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

your mother cannot  open a demat account and do trading 

 

2) “No Government servant shall make, or permit any member of his family or any person acting on his behalf to make any investment which is likely to embarrass or influence him in the discharge of his official duties.”

 

3) As per the provisions of sub-rule (1) of Rule 16 of Central Civil Service (Conduct) Rules, 1964, Government Servants are not allowed to engage in speculation of any stocks, shares or other investments. As per Explanation to sub-rule (1), frequent purchase or sale or both, of shares, securities or other investments shall be deemed to be speculation. Further, 1st proviso to this sub-rule explicitly states that government servants can occasionally make investments through stock brokers or other persons duly authorised and licensed or who have obtained a certificate of registration under the relevant law,”

 

4) Any violation of the said service conduct rule would attract penalties – varying from withholding increment to termination from service depending on the gravity of the misconduct

Ajay Sethi
Advocate, Mumbai
97521 Answers
7886 Consultations

There is no legal hindrance to trade in the name of mother. Mother is distinct entity from son, she is not bound by service rules governing son.  

Ravi Shinde
Advocate, Hyderabad
4430 Answers
42 Consultations

you can make investments in shares through IPO or open market purchases 

Ajay Sethi
Advocate, Mumbai
97521 Answers
7886 Consultations

Yes you can do it on your mother name 

Prashant Nayak
Advocate, Mumbai
32879 Answers
209 Consultations

.- As per Central Civil Services conduct rules, A government employee can invest in trading/shares, debentures and mutual funds, but cannot speculate in any form. 

- There is no limit on investing in mutual fund , but as per rule , all government employees need to send an intimation if total transactions in shares, securities, debentures, mutual funds scheme exceeds six months' basic pay during the calendar year.

- However , you can do trading in the name of family members . 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

You can very well do the share market intraday transactions on your mother's name, there is no restriction on that.

The trading and the demat account has to be on your mother's name.

 

T Kalaiselvan
Advocate, Vellore
87723 Answers
2356 Consultations

Yes you can proceed with the proposed investment on your mother's name.

T Kalaiselvan
Advocate, Vellore
87723 Answers
2356 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer