Is Algo Trading Legal in India?

In recent years, the financial landscape in India has witnessed a significant shift with the rise of algorithmic (algo) trading. This revolutionary approach has gained popularity among Indians as it offers a quicker and more efficient way to execute trades. But with its speed and complexity, one vital question arises: is algo trading legal in India? In this article, we will explore the legal aspects and regulations surrounding algo trading in India.

A Brief History of Algo Trading in India

Algo trading began to grow in popularity in India in the late 2000s. In 2008, the market regulator SEBI introduced algo trading through Direct Market Access (DMA). This feature, provided by stock exchanges like NSE and BSE, allows brokers to give their clients direct access to the exchange's trading system using the broker's infrastructure. Clients can place orders directly into the exchange's order book, resulting in faster execution and fewer mistakes than manual order entry.

Since then, algo trading in India has mostly been used by large financial institutions and High-Networth Individuals (HNIs). This was because the laws/regulations only allowed these 'big players' to participate. Retail traders (individuals) were unable to join due to legal restrictions. However, in recent years, this trend has been changing!

Since 2019-20, technological advancements, particularly with APIs (which we will discuss later in the article), have led to the emergence of many tech-savvy algo trading platforms. This development has enabled many retail traders (individuals) to start participating in algo trading!

SEBI's Green Light

Currently, algo trading is legal in India. The Securities & Exchange Board of India (SEBI) has introduced regulations and guidelines to govern algorithmic trading activities in our country, but only for large institutions (brokerage firms, banks, investment firms, etc.)! Let us explain...

After SEBI permitted algo trading in 2008, these 'big players' have used algos or high-frequency trading systems to generate profits for their clients (mostly HNIs or large corporations). In response to this development, SEBI has implemented a regulatory framework for these market participants.

What are the Key Regulations on Algo Trading in India? (for big institutions)

• Unregulated platforms: All platforms must obtain SEBI’s approval to offer algo/automated trading strategies in India.
• Past performance claims: SEBI prohibits unregulated platforms or entities from advertising past profits or expected returns from their algorithms.
• Audit requirements: All algo trading firms must undergo a half-yearly audit, a process exclusively conducted by auditors selected by SEBI. [A system audit refers to an evaluation of the trading systems used].
• Risk management: Market participants who engage in algo trading must establish a strong risk management system, which includes pre-trade risk checks, post-trade surveillance, and real-time monitoring of trading activities.
• Order-to-trade ratio (OTR): Order-to-trade ratio is the ratio of the total volume of all orders, modifications, and deletions. SEBI has framed some OTR limits to prevent bulk ordering by traders. Traders exceeding these limits on any trading day face penalties set by SEBI. You can read more about these penalties in this circular!
• Co-location guidelines: SEBI has framed these guidelines to ensure equal access to the trading infrastructure, thereby enhancing equal opportunity in the market.
  
  [Co-location refers to a service provided by the stock exchanges which allows some brokers to keep their servers in the same building that houses the exchange.]

The regulatory framework is designed to ensure fair and transparent trading practices and stability of the securities market in India.

What are SEBI’s Regulations on Algo Trading for Retail Traders?

Over the past few years, especially since 2019-20, more retail traders have started participating in algo trading. Why? Many brokers and algo trading platforms now offer Application Programming Interfaces (APIs) to retail traders, allowing them to easily deploy their trading strategies and execute trades. An API is a set of protocols and tools that enable software to interact with and place orders on various trading platforms, exchanges, or brokers. This means anyone in India can use trading algorithms, with no regulations or legislation prohibiting this practice.

And here's where we want to draw your attention! Interestingly, there are currently no specific laws regulating algo trading for retail traders in India. Without clear regulations, individuals engaging in algo trading may not have the necessary safeguards or protections. This can lead to higher risks and potential losses, as individual traders often lack the experience and resources of larger financial institutions.

So to protect retail traders from unfair practices and scams in the Indian algo trading space, SEBI has stepped in! Two years back, they issued a consultation paper to gather views and comments from various stakeholders, market intermediaries, and the public on the practice of algo trading by retail traders and investors. This includes their use of APIs and automated trade execution tools.

SEBI's Consultation Paper on Algo Trading:

On December 09, 2021, SEBI initiated a consultation paper on 'Algorithmic Trading by Retail Investors'. They suggested changes for how retail investors use algo trading, especially through APIs for trade automation.

The paper highlighted concerns about retail investors using API access from stock brokers to automate trades. This often happens through online platforms that offer self-made or ready-made algo strategies without proper approval from stock exchanges. Brokers struggled to differentiate between algo and non-algo orders originating from APIs, causing confusion in regulation.

To address these concerns, SEBI suggested classifying all API-based orders as "algo orders". Brokers would control these orders, with each API getting a unique algo ID from stock exchanges. Brokers would need exchange approval for all algo strategies, whether they're made in-house or by third-party providers.

In a later Press Release on June 10, 2022, SEBI reminded everyone about the risks of using unregulated platforms for algo trading. They warned retail investors to be careful of schemes that promise unrealistically high returns.

Who Can Use Algo Trading Platforms in India?

Institutional investors have more freedom to develop and deploy their own algorithms, often through specialised software. On the other hand, retail investors in India typically rely on pre-built algorithms (mostly offered by brokers). Algo trading platforms allow you to test and execute trading strategies in the live market at lightning-fast speeds. However, some of these platforms have limitations and do not handle complex trading strategies.

The Future of Algo Trading in India

As technology advances and market participants adapt to new challenges and risks, the efficiency and speed offered by algo trading are likely to become even more important to India’s financial landscape.

By understanding the regulations, choosing reliable platforms, and practising due diligence, you can navigate the world of algo trading successfully and potentially improve your trading journey. The future of algorithmic trading in India looks promising, offering exciting opportunities for both individual investors and institutional players.

Also read: What is Algo Trading? How Does it Work?

Important Note: This article is for informational purposes only and should not be considered financial advice. Consult a qualified financial advisor before making investment or trading decisions.