ArchiveFebruary 2009

Dealing with Duopoly in a Regulated Sector

A recent episode involving determination of fees by commodity exchanges has sparked off an intense debate on the role of a regulator in dealing with a duopoly situation. The regulator here is the Forward Markets Commission (FMC) and the players the two commodities exchanges, NCDEX and MCX. The trigger is a decision by the FMC to prevent NCDEX from dropping its prices. Ajay Shah has a column in...

Disclosure of Pledge of shares of Promoters – some more thoughts

SEBI had notified amendments requiring disclosure of pledged/encumbered shares of Promoters that were discussed preliminarily here where the links of the notifications were also given. A reading of these notifications, issued differently over a few days, but read together, reveals some points worth highlighting here. 1.      It may be recollected that now there are three...

SEBI provides disclosure formats for pledged shares of Promoters

Further to my earlier post here, SEBI has issued today, 3rd February 2009, two circulars which essentially lay down formats for disclosures of pledged shares by Promoters and related matters. The first one gives the format for disclosures pursuant to newly introduced Regulation 8A of the Takeover Regulations and the second one provides for amendment to Clause 35/41 of the Listing Agreement for...

Proposed Change in Takeover Rules: More than Just Satyam

A few days ago, when newspapers reported that SEBI was considering an exemption from the minimum pricing norms in the context of a potential takeover offer on Satyam, the obvious question arose as to how an exception can be made in respect of a single company, and that too one which has been the subject matter of alleged fraud. The minimum pricing norms require that when an acquirer obtains 15%...

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