Categories
Constitutional Law Securities

SEBI’s ‘WhatsApp Leak Case’ Order: An unusual Precedent?

Abhishek Iyer Introduction Back in 2017, several media reports emerged about the circulation of Unpublished Price Sensitive Information [Hereinafter “UPSI”] of about 12 listed companies in various private WhatsApp group chats. On 29th May, 2020, Securities and Exchange Board of India [Hereinafter “SEBI”] through its Adjudication Order[1] imposed a penalty of Rs. 45 lakh and […]

Categories
Securities

Solving The Problem of Information Asymmetry in Social Impact Investments: Analysing SEBI’S Proposed Social Stock Exchange

By Anurag Shah Introduction The Securities and Exchange Board of India on June 1st, 2020 released the working paper for the introduction of a ‘Social Stock Exchange’ (Hereinafter referred to as SSE).[1] As the working paper accurately states, this idea was introduced by our Finance Minister and has been under consideration since the last financial […]

Categories
Securities

SEBI’s Working Group Report on Related Party Transactions: Strengthening Regulatory Norms

By Palash Moolchandani Introduction The infamous fallout between the promoters of Indigo Airlines in 2019 brought to light a number of lapses in corporate governance within the organization.[1] The uncovering of these problematic circumstances started the dialogue on related party transactions and regulatory framework in India, which went on to become the heart of the […]

Categories
Banking Securities

Internet and Mobile Association of India v RBI: Renaissance of India’s Cryptocurrency Market

By Laghavi Pahwa The Reserve Bank of India [“RBI”] in April 2018 issued a Circular[1] banning entities including banks from dealing with individuals or companies that trade in cryptocurrencies which eventually resulted in the virtual currency market in India coming to a standstill. However, it did not per se ban holding or trading in cryptocurrency […]

Categories
Coronavirus Securities

Loot a house when it is on fire? : The fear of Chinese Hostile Takeovers during COVID 19

By Shreya Shrivastava The COVID-19 pandemic has had a profound economic impact across the globe. The entire industrial sector has come to a halt and unemployment claims are soaring high with an all-time low demand, courtesy of government-mandated restrictions. It is quite obvious that this resulting market will likely bring a rise in instances of […]

Categories
Securities

Reward for Revelation: A Critical Analysis on SEBI’s Informant Mechanism

By Dhruti Lunker and Isiri SD Introduction Acts of insider trading have been plaguing the securities market, thereby undermining its integrity and presenting an unfair and disadvantaged trading platform for the investors. SEBI under Sec. 12A of the Securities and Exchange Board of India Act read with Securities and Exchange Board of India (Prohibition of […]

Categories
Insolvency Securities

Bringing NBFCs within the ambit of IBC: A quick fix solution?

By Kritika Dobhal On November 29, 2019, the Reserve Bank of India [“RBI”] initiated Corporate Insolvency Resolution Process [“CIRP”] against Dewan Housing Finance Limited [“DHFL”], making it the first Non-Banking Financial Companies [“NBFC”] to be brought within the ambit of Insolvency and Bankruptcy Code, 2016 [“IBC”]. This was made possible due to the Insolvency and […]

Categories
Securities

Rights Issue: A Tool for Circumvention of SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011

By S Sivakumar Introduction The article presents an analysis of how promoters of listed entities use ‘Rights Issue’ to circumvent the regulatory mechanisms under the SEBI (Substantial Acquisition of Shares and Takeovers) Regulation, 2011(herein after referred to as the SAST Regulations).[1] Rights Issue increases the shareholding of the promoters without attracting the mandatory open offer […]

Categories
Securities

Framework of Depository Receipts: A Desirable Change?

By Aastha Agarwalla To revive the declining access of foreign funding for Indian companies, the Securities and Exchange Board of India [“SEBI”] has introduced a new framework for the issuance of Depository Receipts [“DR’] via its circular dated October 10, 2019 effective immediately, [“DR Framework“]. [1] The DR Framework is seen as a welcome step […]