Blog Posts
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Uncovering Significant Beneficial Owners Through Publicly Available Information
[Pammy Jaiswal is a Partner and Darshan Rao is an Executive, both at Vinod Kothari and Company] The framework for significant beneficial owner (“SBO”) identification can be traced back to the recommendations of the Financial Action Task Force (“FATF”). Section 90 of the Companies Act, 2013 (“Act”) read with the Companies (Significant Beneficial Owners) Rules, 2018 (“SBO Rules”) translates the…
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Demat and Pre-2019 Transfers: Implications of SEBI’s Proposed for Listed Companies
[Gungun Sharma and Vibhor Maloo are 4th year B.A. LL.B. (Hons.) students at Hidayatullah National Law University, Raipur] On October 17, 2025, Securities and Exchange Board of India (“SEBI”) issued a consultation paper proposing amendments to the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (“LODR Regulations”) to resolve a long-standing issue of transfer of shares executed in physical form before…
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Streamlining the Voluntary Delisting of Public Sector Undertakings
[Ayush Agrawal is a 4th year B.A.LL.B. (Hons.) student at National Law Institute University, Bhopal] The regulatory landscape governing listed entities in India constantly evolves to address unique market challenges and governmental priorities of growth and welfare. A recent, significant development in India’s securities law is the introduction of regulation 38B under the Securities and Exchange Board of India…
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Supreme Court Clarifies RBI Approval under FEMA Not Needed to Satisfy Arbitral Awards
[Anirudh Gotety is an international disputes and commercial disputes lawyer currently based in New Delhi] This August, the Supreme Court of India (the “SCI”) pronounced its Judgment in GPE (India) Ltd v. Twarit Consultancy Services Pvt Ltd, holding that payment to satisfy arbitral awards which grant damages for the breach of a put option in favour of…
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SEBI’s New Framework for Technical Glitches: A Step Toward Balance or More Burden?
[Sharnam Agarwal is a 3rd year B.A. LL.B. (Hons.) student at National Law Institute University, Bhopal] Recently, the Securities and Exchange Board of India (“SEBI”) released a Consultation Paper titled, “Review of Framework to address the ‘technical glitches’ in Stock Brokers’ Electronic Trading Systems.” This paper proposes a comprehensive revision of SEBI’s 2022 framework which was established to address…
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150 Days to Resolution or Liquidation? The Problems and Possibilities of a Creditor-Initiated Insolvency Resolution Process
[Saksham Agrawal is a third-year B.A., LL.B. (Hons.) student at National Law School of India University, Bangalore] The Insolvency and Bankruptcy Code 2016 (“the Code”) was enacted to consolidate India’s fragmented insolvency framework and shift the philosophy of insolvency from litigation and recovery to collective resolution and value maximisation. Since its enactment, the Code has been…
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Unlocking the Green Channel: The Case Against CCI’s Strictness
[Siddharth Sharma and Aarushi Mittal are 4th year law students at National Law University Odisha, Cuttack] More than six years ago, the Competition Commission of India (“CCI”) introduced the Green Channel route (“GCR”) for approval of combinations under the CCI (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 to enable automatic approval for combinations that did not involve any…
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Fast-Track Mergers Reimagined: The 2025 MCA Amendment
[Arjun Chaudhary is a 4th year BBA. LLB. (Hons.) student at Gujarat National Law University] The fast-track merger route under section 233 of the Companies Act, 2013 was originally designed as a narrow mechanism to simplify mergers between small companies and between holding companies and their wholly owned subsidiaries. The objective was to remove such schemes from the…
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Rethinking Regulation: SEBI’s Proposal for Alternative Investment Funds
[Vanshika Sharma and Divyanshu Kumar are 4th year B.A., LL.B. (Hons.) students at NALSAR University of Law, Hyderabad] The Securities and Exchange Board of India (SEBI) has put forward a consultation paper that aims to create a new breed of Alternative Investment Fund (AIF) schemes restricted to Accredited Investors (AIs) and governed by a lighter-touch regulatory framework. The proposal published in August…
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Delineating “Speculative Investors” for the IBC: Safeguarding Rights of the Homebuyers
[Karan Latayan is a Professor of Law and Kavya Lalchandani an Assistant Professor of Law, both at Jindal Global Law School] The Insolvency and Bankruptcy Code, 2016 (“IBC”) was introduced almost a decade back with an intent to revive and aid the sick businesses by resolving their financial distress. The design and purpose of the IBC was not…
