[The following guest post is contributed by Supreme Waskar, who is a corporate lawyer] The securities market regulator, SEBI, has directed Mr. A. Vellayan (Chairman of Coromandel International Limited (“Coromandel”) to surrender unlawful gains along with interest for alleged passing of unpublished price sensitive information (“UPSI”) pertaining to Coramandel’s acquisition of Sabero Organic...
Synchronised Trading: In Sync With the Law? – Part 2
[The following guest post is contributed by Kanwardeep Singh Kapany (5th B.S.L.LL.B) and Mitravinda Chunduru (4th B.S.L.LL.B.), both students of ILS Law College, Pune This is a continuation of Part 1, which is available here] DEFENCES What amounts to commission of Illegal Synchronisation had been a moot point for quite a while. However, with the passage of time and development of jurisprudence...
Synchronised Trading: In Sync With the Law? – Part 1
[The following guest post is contributed by Kanwardeep Singh Kapany (5th B.S.L.LL.B) and Mitravinda Chunduru (4th B.S.L.LL.B.), both students of ILS Law College, Pune] INTRODUCTION The on-line trading system on the stock exchange is a blind trading system, which maintains complete anonymity of the persons trading on it. It does not permit the buyers and sellers to have any interaction between...
Understanding the date of applicability of Secretarial Standards
[The following guest post is contributed by Nivedita Shankar, Senior Associate, Corporate Law Services Division. She can be contacted at [email protected]] The Institute of Company Secretaries of India (‘ICSI’) on May 12, 2015 issued a clarification to state that SS-1 and SS-2 will apply to all such board meetings and general meetings in respect of which notices are ‘issued’ on or after...
Consolidated FDI Policy Circular of 2015
The Department of Industrial Policy
and Promotion (DIPP), Ministry of Commerce and Industry has issued its annual FDI Policy
Circular for 2015, which takes effect from May 12, 2015. Although the
circular essentially consolidates all the changes made to the policy during the
previous year, there are some further changes that are discussed in this EY
Regulatory Alert (via The Firm).
Supreme Court Paves the Way for Company Law Tribunal
Readers may recall that the primary reason for the partial effectiveness of the Companies Act, 2013 (the “2013 Act”) has been the pending litigation surrounding the constitution of the National Company Law Tribunal (“NCLT”) and the National Company Law Appellate Tribunal (“NCLAT”). Hence, the provisions of the 2013 Act that relate to the NCLT[1] have been kept in abeyance pending the outcome of...
Companies (Amendment) Bill, 2014 Passed by Rajya Sabha
The freshly minted Companies Act, 2013 (the “2013 Act”), which is yet to take effect in full, is already in the process of undergoing change. Late last year, the NDA Government introduced amendments to the legislation in the form of the Companies (Amendment) Bill, 2014 (the “Bill”). A copy of the Bill as introduced in Parliament is available here, although the Government has moved further...
Symposium on Arbitration Laws at NLU, Delhi
[The following announcement is posted on behalf of the National Law University, Delhi] The National Law University, Delhi is organizing a Symposium on Arbitration Laws on the 16th of May, 2015. The Symposium promises to be an exciting event and will comprise of 2 sessions. Schedule: 1st Session: 10.45 – 1.30 pm (Interpretation of Pre-BALCO agreements)...
SEBI Circular Directs Companies to Identify Insiders Among Outsiders
[The following guest post is contributed by Vinita Nair and Aman Nijhawan, Vinod Kothari & Company, Practising Company Secretaries] The Securities and Exchange Board of India (‘SEBI’) rolled out the SEBI (Prohibition of Insider Trading) Regulations, 2015 (the ‘Regulations, 2015’) on January 15, 2015 which will come into force on the 120th date of its publication in Official Gazette i.e. on...
Voting Agreements and Takeover Regulations
Earlier this week, SEBI issued an informal guidance based on a request by the promoters of Cipla Limited on the implications of voting agreements under the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (the “Takeover Regulations”). Background; Facts The brief facts are that Dr. Y.K. Hamied and his family members control a significant stake in Cipla. Historically, all...
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