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Industry eyes legal road ahead as Xaults gets nod for fractional shares test

SEBI's approval for Xaults to trial fractional share investing in its innovation sandbox has drawn a cautious welcome from market participants, who see it as a long-overdue test of a model that could make high-value shares accessible to smaller investors. However, experts call for matching changes to the Companies Act and SEBI's own regulations to turn it into a market-wide rollout.

The market regulator recently approved a proposal from a startup Xaults to test fractional shares in its innovation sandbox, marking a shift from its earlier stance, when it had objected to such a proposal.

The approved framework proposes recording fractional units directly with depositories such as NSDL or CDSL, rather than being pooled with brokers as was proposed back in 2021. The practice of fractional shares, which allows investors to own or trade portions of a single share rather than being the whole unit, is very common in the US.

Cofounder Neeraj Singh said the company is working on a technology showcase using data from market infrastructure institutions, which will take another 3-5 months. We will then graduate to the regulatory sandbox where we will demonstrate this in the live market, but in a controlled manner, Singh said.

Simultaneously, the startup is also gathering feedback from top brokers and the asset management industry to suggest regulatory or policy changes to the framework.

This structure guarantees that investors possess full legal ownership as opposed to mere economic ownership through intermediary structures. It also improves efficiency for dealing with dividend or bonus shares, something previous models, such as the Zerodha-StockHissa pilot in 2021, struggled with Kunal Sharma, Founder and Managing Partner at Taraksh Lawyers & Consultants, said.

The shift directly addresses past regulatory objections to broker-led pooling. Alay Razvi, Managing Partner at Accord Juris, said, The elimination of intermediary-held aggregates mitigates concerns around conflicts of interest, custodial risk, and mismanagement of investor holdings. It enables regulatory oversight and auditability, ensuring investor records are integrated into the core market infrastructure.

Beyond compliance, industry players see strong demand potential. Akshat Garg, AVP at Choice Wealth, said, It finally opens the door for small investors to own a slice of premium stocks like MRF and Page Industries--something previously out of reach. If executed well, this move could unlock Rs.50,000+ crore in idle retail capital by 2030.

Ashish Nanda, Chief Digital Business Officer at Kotak Securities, said that fractional shares also help in portfolio diversification and would be better a big positive if introduced in Indian capital markets. Currently if one wants to do basket investing into 4-5 shares where price of 1 unit of each shares is say more than Rs.1,000, one needs more than Rs.5000. With fractional shares one can invest Rs.1000 also into such baskets.

Still, the legal foundation remains shaky. Tushar Kumar, Advocate at the Supreme Court of India, said, The Companies Act, 2013 in its current form does not contemplate or permit the issuance or recognition of fractional shareholding. It is, therefore, imperative that the enabling framework, when enacted, should be accompanied by precise and exhaustive operational prescriptions.

Changes will be required to the Companies Act, taxation laws, depository by-laws, regulations under the Ministry of Corporate Affairs and SEBI to spell out ownership, transferability, KYC, and taxation of fractional shares

www.thehindubusinessline.com, dt. 11-08-2025