Category: Uncategorized
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The Satyam Case: Insider Trading and Pledge
[The following guest post is contributed by Shashank Prabhakar, a Senior Associate with Finsec Law Advisors. These are the author’s personal views] The Whole Time Member of SEBI (‘WTM’) recently passed an order against certain relatives of Mr. Ramalinga Raju and entities belonging to the promoter group of Satyam Computers for violation of Section 12A…
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RBI’s Proposal for a Major Recast of ECB Norms
[The following guest post is contributed by Vinod Kothari of Vinod Kothari & Co. It deals with the details of the proposals announced by the RBI. In an earlier post, Pratik Datta sets out the background to RBI’s proposals] The Reserve Bank of India (RBI) has proposed a major recast of the norms for external commercial borrowings (ECBs). While…
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RBI’s Draft Framework on ECB: The Background
[This guest post is by Pratik Datta, who is a Consultant at the National Institute of Public Finance and Policy (NIPFP), New Delhi. He can be reached at prat.nujs@gmail.com.] Yesterday the Reserve Bank of India (RBI) released the draft framework for External Commercial Borrowing (ECB) for public comments on or before October 11, 2015. For…
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It’s the “Material” Things That Matter: Disclosures under the New SEBI Regulations
[The following guest post is contributed by Yogesh Chande, Partner and Malek-ul-Ashtar Shipchandler, Associate, at Shardul Amarchand Mangaldas. Views expressed herein are personal and solely that of the authors. A related post by Somasekhar Sundaresan is available here.] Background The Securities and Exchange Board of India (“SEBI”) notified the SEBI (Listing Obligations and Disclosure Requirements),…
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Conference on Legal Convergence in Asia
[The following is an announcement] The Singapore Academy of Law is organizing an international conference on “Doing Business Across Asia: Legal Convergence in an Asian Century” on 21 & 22 January 2016 in Singapore. The background to the conference is set out on the website as follows: A trend of rising economic integration amongst Asian…
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Foreign owned or controlled companies: Is sharing of office infrastructure real estate business?
[The following guest post is contributed by Vinod Kothari of Vinod Kothari & Co.] If a company wholly or majorly owned by non residents allows group or subsidiary companies to share your photocopier, or server, or staff, are you engaged in “real estate business”? The question itself must have startled most: however, a purported clarification…
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The Introduction of Real Estate Investment Trusts (REITS) In India
[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…
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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…
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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…
