TagSecurities Regulation

SEBI Proposals to Revamp the Continuing Disclosure Regime

A robust continuing disclosure regime is a sine qua non for maintaining efficient capital markets. Over the years, the Securities and Exchange Board of India (SEBI) has developed and enhanced a continuing disclosure regime for Indian listed companies, which is now encapsulated in regulation 30 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (the ‘LODR Regulations’)...

SAT on the Non-Liability of a Company Secretary for Incorrect Disclosures

On 1 November 2022, the Securities Appellate Tribunal (SAT) in V. Shankar v. Securities and Exchange Board of India exonerated the company secretary of Deccan Chronicle Holdings Limited (DCHL) from liability for certain misstatements and incorrect disclosures made by the company. Background and Decision The Securities and Exchange Board of India (SEBI) had conducted investigation for certain...

How Securities Laws are Enforced in India: Some Facts from a New Data-set of SEBI Orders

As the regulator of one of the world’s largest stock markets by market capitalization, the Securities and Exchange Board of India (SEBI) has several enforcement tools at its disposal. These include imposing monetary penalties, cancelling licences of regulated intermediaries and pursuing criminal proceedings against violators of the laws, regulations and rules administered by SEBI. Moreover, the...

GNLU Advanced Certificate Programme in Capital Markets & Securities Laws

[Announcement on behalf of the GNLU Centre for Business and Public Policy] Established in 2003 with an aim to become a Research-based Teaching university, Gujarat National Law University (GNLU), has always taken proactive initiatives and outlook to provide valuable and mutually beneficial services to the institution of governance, judiciary, economy and civil society, especially weaker sections...

Supreme Court on Motive as a Precondition for Insider Trading

In a significant decision in Securities and Exchange Board of India v. Abhijit Rajan (19 September 2022), the Supreme Court of India has ruled that the motive on the part of the insider to seek profits is an essential precondition for a successful insider trading charge. Such a directive from the Supreme Court is likely to have implications for insider trading cases currently within the...

An Analysis of SEBI’s Regulatory Framework for Bond Trading Platform

[Ganesh BL and Shubhalakshmi Bhattacharya are Associates at a law firm in Mumbai] On 21 July, 2022, the Securities and Exchange Board of India (“SEBI”) issued a consultation paper (“Consultation Paper”) proposing a regulatory framework to govern online bond trading platforms (“Bond Platforms”). This comes at a time when India has witnessed a transformation in the number of retail investors...

Extension of Insider Trading Regulations to Mutual Funds

[Ajitesh Arya is the 4th year BA LLB (Hons.) students at NALSAR University of Law, Hyderabad] Recently, the Securities Exchange Board of India (SEBI) floated a consultation paper proposing the expansion of the SEBI (Prohibition of Insider Trading) Regulations, 2015 [Insider Trading Regulations] to encompass mutual fund units. The move is interesting as it comes in the aftermath of a front...

Analysing the Co-Investment Framework in India

[Dharmvir Brahmbhatt and Devarsh Shah are fifth year students at Gujarat National Law University] Over the last three decades, private equity investments in India and overseas have witnessed phenomenal development. Institutional investors have been attracted to the asset class owing to its persistent outperformance of public market benchmarks. Historically, commingled funds or “blind pools” of...

Debunking Special Situation Funds: Is India Ready for the Vultures?

[Aditya Shekhar and Abhishek Choudhary are Vth year B.A., LL.B. (Business Law Hons.) students at National Law University, Jodhpur] The need for inclusion of special situation fund [“SSF”] in the Indian financial market was felt due to India’s bad debt problem. It is evident from the recent trend and eagerness of financial institutions to sell off their non-performing assets [“NPA”], which...

Supreme Court on Pledge of Shares: Insider Trading Regulations May Require Review

[Vinita Nair is a Senior Partner at Vinod Kothari & Co.] Recently, in PTC India Financial Services Limited v. Venkateshwar Kari, the Supreme Court held that ‘beneficial ownership’ in the context of the Depositories Act should not be confused with beneficial ownership under general law as it is merely a procedural precondition to sale by the pledgee. Further, the Court found that there is no...

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