[The following guest post is contributed by Dhanush. M, a 5th year student at the Jindal Global Law School] `Leverage without supporting cash flows could be the death knell for the real estate industry`. The present state of the Indian real estate industry could be a testament to this adage where the total net debt of the top ten real estate firms by market capitalisation stood at Rs...
How Independent Are Our Financial Regulators?
[The following guest post is contributed by Bhargavi Zaveri, who is at the National Institute of Public Finance and Policy (NIPFP), New Delhi. Views are personal. An abbreviated version of this post appeared in the Business Standard] A sequence of recent incidents has rekindled the public discourse on the independence of our financial sector regulators from the Government. Critics of the draft...
Pledges in the Context of Insider Trading Regulations – Part 2
[The following guest post is contributed by Vinod Kothari and Abhirup Ghosh of Vinod Kothari & Co. This is the continuation of a previous post available here] Whether a pledge is a case of “dealing”? As discussed in the previous post, the use of the term “deal” or “dealings” in the definition of the term “trading” has actually expanded its meaning beyond the usually understood meaning of...
Call for Papers: CRMD Journal on Economic and Financial Crisis
[The following call for papers is posted on behalf of the Centre of Risk Management and Derivatives at NLU Jodhpur] The Centre of Risk Management and Derivatives (CRMD) at NLUJ works on macroeconomic and development issues and problems in capital and money markets that lead to collapse of economic and financial systems in the form of crisis contagion. The CRMD proposes to launch the ‘CRMD...
Pledges in the Context of Insider Trading Regulations – Part 1
[The following guest post is contributed by Vinod Kothari and Abhirup Ghosh of Vinod Kothari & Co.] There are several lurking questions in context of insider trading regulations. The Securities and Exchange Board of India (“SEBI”) on 24 August 2015 issued a Guidance Note on the SEBI (Prohibition of Insider Trading) Regulations, 2015 (“Guidance Note”) in which some questions pertaining to...
Journal on Corporate Law & Governance: Revised Call for Submissions (revised deadline with some changes)
Vide an earlier post, the details of the call for papers for Journal on Corporate Law & Governance were published. The Editorial Board of the Journal has informed that they have made some changes and also extended the deadline for submission of papers and requested that the following revised guidelines be posted:- JOURNAL ON CORPORATE LAW & GOVERNANCE CALL FOR PAPERS FOR VOLUME II ISSUE 1...
Guest Post: Arbitrability of Fraud in India
(The following guest post is contributed by Pulkit Sharma, Advocate, Bombay High Court) The 246th Law Commission Report observes that “The issue of arbitrability of fraud has arisen on numerous occasions and there exist conflicting decisions of the Apex Court on this issue”. The Law Commission has intended to remedy this by way of amendments to Section 16 of the Arbitration and Conciliation Act...
P&H High Court Upholds Mauritius Tax Residency Certificate
The issue of whether the grant of a tax residency certificate by the authorities in Mauritius would enable a company situated there to claim the benefit of the double taxation avoidance treaty between India and Mauritius was decided favourably by the Supreme Court in Union of India v. Azadi Bachao Andolan, (2004) 10 SCC 1. This issue resurfaced before the Punjab & Haryana High Court in Serco...
SEBI Consultation: Forfeiture of Shares and Impact on Takeover Regulations
SEBI has issued a Discussion Paper on “Review of policy relating to forfeiture of partly paid-up shares – Amendments to SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011”. The paper opens with references to partly-paid shares and forfeiture of unpaid capital as provided under the Companies Act, 2013. Essentially, in case of partly paid shares, the holder can exercise voting...
SEBI’s Guidance Note on Insider Trading Regulations
After the SEBI (Prohibition of Insider Trading) Regulations, 2015 (the “Regulations”) were issued that came into effect on May 15, 2015, SEBI received several requests from companies and their advisors on certain operational issues that came to the fore in the implementation of the Regulations. In order to address those, SEBI issued a Guidance Note earlier this week. One of the more prominent...
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