Tag: Insider Trading
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INSIDER TRADING REGULATIONS – HIGHLIGHTS TO THE AMENDMENTS AND SOME POSERS
[Posted by Jayant Thakur] 1) SEBI has amended the SEBI Prohibition of Insider Trading Regulations 1992 vide a notification dated 19th November 2008 which I briefly highlighted here. There are some far reaching amendments. 2) An important amendment is to the definition of “insider”. As I mentioned earlier, no word has been added or deleted…
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Difficulties in Insider Trading Actions
[Posted by Umakanth Varottil] One usually tends to lament that the Indian securities regulator, SEBI, has been unsuccessful yet in its prosecution of insider trading cases. Several high profile cases were initiated by SEBI only to be overturned by the appellate authorities. This tends to be on account of the fact that insider trading cases…
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SEBI moves to tighten insider trading norms by prohibiting opposing transactions
[Posted by V. Niranjan] In an earlier post, Mihir had remarked that while arguments for legalizing insider trading are interesting, there is a long way to go before they are actually accepted by legal systems. SEBI’s recent move to tighten insider trading norms is a case in point. ET reports that SEBI will soon amend…
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Legalizing Insider Trading – recent arguments
[Posted by Mihir Naniwadekar] An earlier post on this blog had looked at some theoretical arguments about whether insider trading should be banned at all. Generally, as the post noted, allowing insider trading does seem “outlandish”. Nonetheless, newer arguments against the prohibition on insider trading do continue to appear in academic works. Of course, these…
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SEBI informal guidance – ESOP, Insider Trading and independent directors
[Posted by Mihir Naniwadekar] The SEBI recently issued an informal guidance note on matters relevant to companies which are in the process of devising employee share option plans (ESOPs). A company contemplating an ESOP in accordance with the SEBI (ESOP and ESPS) Guidelines, 1999 wished to form an employee welfare trust to grant options to…
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Insider Trading Regulations to Undergo Further Amendments
[Posted by Umakanth Varottil] Readers may recall that the SEBI (Prohibition of Insider Trading) Regulations, 1992 underwent detailed amendments in 2002. This was primarily to plug several loopholes in the law, some of which were exposed in the few insider trading cases that came up for hearing under the original regulations, the Hindustan Lever Case…
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Should Insider Trading be Permitted?
[Posted by Umakanth Varottil] An affirmative answer to this question will almost always be dismissed as outlandish. But, Henry Manne, who is considered the father of law and economics, has argued for deregulation of insider trading for the last 40 years. His ideas have encountered a barrage of criticisms from other legal scholars. Further, as…
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Stolen Information and Stock Trades: Is it Insider Trading?
[Posted by Umakanth Varottil] This question has come up before the United States Court of Appeals for the Second Circuit, in New York. Interestingly, this involves stealing of information by hacking a computer system. Here are the brief facts as reported in the New York Times: “[T]he evidence indicates that on Oct. 17, 2007, someone…
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Insider Trading and Short Swing Profits
[Posted by Umakanth Varottil] SEBI yesterday issued a Consultative Paper on introduction of ‘Short Swing Profit’ regulations in India. Under this proposal, any insider would be compelled to surrender profits to the company that are derived from a transaction involving the purchase and sale of securities by the insider within a period of six months.…