Author: Contributor
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Competition Commission and Merger Regulation
The Competition Commission is working on the draft of the Competition Commission (Combinations) Regulations, which are expected to be announced shortly. Due to concerns from the industry regarding these regulations operating as a serious hurdle to M&A activity in the country, there are indications that the Competition Commission will introduce provisions in the draft regulations
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Stoneridge: US Supreme Court Limits Scope of Securities Law Suits
BackgroundA significant decision in the area of securities laws was handed two days ago by the US Supreme Court in the case of Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. In its judgment (available here), the court (by a 5:3 majority) held that private actions for securities fraud (under Section 10(b) of the Securities Exchange
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Indo-Mauritius Tax Treaty: Benefits to Stay
Indications are that the Double Taxation Avoidance Treaty between India and Mauritius will stay despite pressure from the Indian tax authorities. In fact, the Treaty may be strengthened to withstand repeated scrutiny from the Indian tax authorities. The Economic Times reports: “The controversial double tax avoidance treaty between India and Mauritius is likely to survive
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Comparative Corporate Governance (Part II)
Continuing from the previous post on this topic: 4. The Convergence vs. Divergence DebateThe dominance of managers over shareholders in the US, the role of institutions in the UK, that of banks and labour unions in Germany, the existence of complex cross holding structures in East Asia (such as chaebol in Korea and the keiretsu
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Comparative Corporate Governance (Part I)
There have been some recent developments (particularly studies) in the area of comparative corporate governance that are noteworthy. Some of them concern India directly, while others are international but could provide valuable lessons for India. 1. Comparative Studies of Corporate Governance Across Countries The Race to the Bottom blog (which is a US law professional
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Will We Witness an Indian Sovereign Wealth Fund?
Sovereign Wealth Funds (SWFs) have become the flavour of the day. The business press regularly reports investments (usually running into several billions of dollars) by the sovereign wealth fund of one or the other country into companies of located in yet another country. Several US financial companies embattled by the subprime crisis have been the
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Paving the Way for Short Selling in the Indian Market
Background At the outset, it may be useful to provide a brief background on the concept of short selling and its related jargon in very simple (and non-financially savvy) terms. Short selling is a sale of shares by a person without actually owning those shares. What occurs is that the seller borrows shares from someone
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Miscellaneous: Bangladesh Investments, IDRs, Goa SEZs
1. Investments from Bangladesh eased The Economic Times reports that Bangladeshi investors are now allowed to Indian companies, albeit with the approval of the Foreign Investment Promotion Board (and not under the automatic route). This removes a previous embargo on such investments. The report states: “India has opened its door for investments from Bangladesh by
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Simplifying Corporate Bond Issuances
Continuing with the spate of regulatory announcements by SEBI over the turn of the new year, it yesterday issued a press release proposing simplification of the primary issuance process for corporate bonds. It has released a consultative paper on the “Draft SEBI (Issue and Listing of Debt Securities) Regulations, 2008” for comment until January 23,