Web Analytics


Our publications:
Our publications
Home Search

Search results: SEBI

Issuance of repo directions welcome but barely noticed

By Sawant Singh and Aditya Bhargava, Phoenix Legal
The government has often voiced its desire to shift Indian borrowers to the capital markets from banks that are reeling from the burden of non-performing assets. Not only are capital markets better placed to...
ROLE-OF-SUB-BROKER-CATEGORY-DISCONTINUED

Role of sub-broker category discontinued

The Securities and Exchange Board of India (SEBI) issued a circular on 3 August which provides that the sub-broker category (under the SEBI regulations governing stockbrokers and sub-brokers) is discontinued as an intermediary to...

Fine Organics goes public

The initial public offering by Fine Organics Industries required that the company’s financial statements be converted as per the new accounting standards, said a partner at Duane Morris & Selvam, who worked on the...

Malabar snaps up Affle stake before IPO

Under a tight deadline, Malabar Investments was able to purchase a 5-6% stake in Affle India, ahead of its initial public offering according to a partner who advised the investors. “Since the company was in...
Sawant-Singh-and-Aditya-Bhargava,-Phoenix-Legal

Bond investment guidelines a relief for foreign investors

By Sawant Singh and Aditya Bhargava, Phoenix Legal
Circulars on corporate bond investments by foreign portfolio investor (FPIs), issued by the Reserve Bank of India (RBI) on 27 April and 1 May, disconcerted the financial services sector, particularly the provisions restricting investment...

SNA structures permitted

The Securities and Exchange Board of India (SEBI) issued a circular on 24 May permitting segregated nominee account (SNA) structures in international financial services centres (IFSCs) to further ease market access for foreign investors...

Guidelines for InvITs

The Securities and Exchange Board of India (SEBI) has introduced guidelines for listed infrastructure investment trusts (InvITs) registered under the SEBI (Infrastructure Investment Trusts) Regulations, 2014, allowing institutional investors to raise capital by way...

Ministry’s move mystifies financial services sector

By Devyani Dhawan and Mohit Yadav, SNG & Partners
India’s financial services sector has attracted significant interest, both from lawmakers and foreign investors. Liberalization of the sector can be traced back to the early 1990s. Before October 2016, foreign direct investment (FDI) in the...
blue star

Deals in brief – May 2018

ELP ADVISES FUTURE LIFESTYLE Economic Laws Practice (ELP) assisted Future Lifestyle Fashions (FLFL) with the sale of a 10% stake to Singapore-based Spectacular Investments for US$125 million. The transaction is a combination of primary and...
Debt-securities-guidelines-issued-for-REITs,-INVITs

Debt securities guidelines issued for REITs, INVITs

The Securities and Exchange Board of India (SEBI) issued a notification on 13 April providing guidelines for issuance of debt securities by real estate investment trusts (REITs) and infrastructure investment trusts (InvITs). On 15...
clubbing-of-investment-limits

Clubbing of investment limits explained

The Securities and Exchange Board of India (SEBI) issued a circular on 10 April clarifying the clubbing of investment limits of foreign government-related entities registered as foreign portfolio investors (FPIs) under the SEBI (Foreign...
India-foreign-investment

Due diligence instructions for foreign investors in India

The Securities and Exchange Board of India (SEBI) issued instructions in relation to carrying out necessary due diligence and reporting for foreign portfolio investors (FPIs) through a circular dated 21 March. The circular was...
IPO

Bandhan Bank completes record IPO

Kolkata-based Bandhan Bank has completed a successful IPO on the Bombay Stock Exchange and the National Stock Exchange of India. The issue was oversubscribed 14.5 times and took place in March. According to Cyril Amarchand Mangaldas,...

Access norms clarified for FPIs

The Securities and Exchange Board of India (SEBI) issued clarifications in respect to investments by certain category II foreign portfolio investors (FPIs), through a circular on 13 March. The clarifications relate to amendments made on...

Structuring key to Birlasoft, KPIT deal

Birlasoft, a digital business IT services company owned by the CK Birla Group, has joined forces with KPIT Technologies, which focuses on IT consulting and product engineering. The “unprecedented transaction” involved “a merger, de-merger, a...

FPI limit for interest rate futures

The Securities and Exchange Board of India (SEBI) has allocated a separate limit of ₹50 billion (US$768 million) to foreign portfolio investors (FPIs) for long positions in interest rate futures (IRFs) through a circular...

Markets regulator implements amendments to FPI access norms

The Securities and Exchange Board of India (SEBI) on 15 February notified certain amendments to the SEBI (Foreign Portfolio Investors) Regulations, 2014, by way of a circular, which effected several reforms to facilitate participation...

Supreme Court rules on synchronized trading case

The Supreme Court in a landmark judgement ruled on whether synchronized/reversal trades executed in the futures and options segment of the stock exchange violate the Securities and Exchange Board of India (Prohibition of Fraudulent...

Instruments and options available under FDI route

By Apurva Jayant and Vishakha Panchangam, Luthra & Luthra Law Offices
The past two to three years have been an exciting time to practise private equity law in India with the government heightening its focus on creating a more navigable terrain for foreign investors. Various...
india's deals of the year 2017

Deals of the Year 2017

Deals of the year 2022 Deals of the year 2021 Deals of the year 2020 Deals of the year 2019 Deals of the year 2018 Deals of the year 2016 Deals of the year 2015 Deals of...
India in 2018

India in 2018

In-house counsel foretell the key issues and developments that will shape the country’s business and legal environment in the year ahead  DIBYOJYOTI MAINAK  India’s ‘start-up boom’ has seen a considerable decline over the last year especially...

Infosys buyback retrieves 113m shares

The buyback of 113 million equity shares by Infosys for US$2 billion required clearances of markets regulators in the US, UK and France in addition to India said a partner at AZB & Partners that advised...

Board releases circular on schemes of arrangement

The Securities and Exchange Board of India (SEBI) issued a circular dated 3 January 2018 giving effect to certain relaxations in the regulatory framework governing schemes of arrangements (which includes mergers/demergers) involving listed companies,...

Conundrum of funding for insurance companies

By Roopal Kulsrestha, Shardul Amarchand Mangaldas & Co
A flourishing insurance sector is crucial in a developing economy like India. The sector has been in the limelight in recent years – first due to the raising of the foreign investment cap from...

Individual liability and the role of compliance officers

By Shruti Rajan and Garima Joshi, Cyril Amarchand Mangaldas
When it comes to affixing responsibility for contraventions by companies, certain individuals are held liable under most Indian laws. The Companies Act, 2013, also imposes liability on an “officer who is in default”. In...
India-Capital-market-lawyers

Bull run?

IPOs have returned with a bang, but are they a true indicator of an improved economy? Gautam Kagalwala looks at the reasons for the revival of primary markets and the role of the regulator The...

Shot in the arm for ‘Bharat’

A new fund – Bharat 22 ETF – has boosted the government’s disinvestment programme. Who were the legal advisers and what was their role? Rebecca Abraham reports The “government has no business to be in business”,...

Axis Bank to raise big bucks with investors

Axis Bank, India's third-largest private sector bank, will accept one of the largest private equity investments in the Indian banking sector if its capital raising exercise is approved at the extraordinary general meeting on 8 December. The...
Feature Image of an article about TISPRO regulations and Foreign Exchange Management by RBI

RBI implements new foreign exchange regulations

The Reserve Bank of India (RBI) on 7 November issued the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 (TISPRO Regulations). The new TISPRO regulations supersede...

General Insurance holds biggest IPO since 2010

An initial public offer (IPO) to raise ₹113 billion (US$1.7 billion) by the country’s only reinsurance company General Insurance Corporation of India (GIC Re) was the largest since Coal India’s 2010 IPO. With the...

Will easier M&A for stressed companies cause any stress?

By Yogesh Chande, Shardul Amarchand Mangaldas & Co
With a view to facilitate turnaround of listed companies in distress and for the benefit of their shareholders and lenders, the Securities and Exchange Board of India (SEBI) on 14 August approved amendments to...

Corporate bond investment limits: Changes make sense

By Sawant Singh and Aditya Bhargava, Phoenix Legal
On 20 July, foreign portfolio investors (FPIs) and investors in rupee denominated bonds (RDBs) got an unwelcome surprise in the form of a circular from the Securities and Exchange Board of India (SEBI) that...

Know your customer and Aadhaar: The way forward

By Shruti Rajan and Rohan Banerjee, Cyril Amarchand Mangaldas
The necessity of financial institutions undertaking “know your customer” (KYC) checks on clients participating in the financial markets has been well established across the globe. The purposes of such KYC checks include preventing illicit...

New cross-border regime: Analysis and observations

By Divi Dutta and Anant Gupta, Shardul Amarchand Mangaldas & Co
In April this year, the Ministry of Corporate Affairs (MCA) brought into force section 234 of the Companies Act, 2013, which permits cross-border mergers. Simultaneously, the MCA in consultation with the Reserve Bank of...
Securities and Exchange Board of India, SEBI, Indian stock exchange

Exchanges can launch GIFT derivatives

The Securities and Exchange Board of India (SEBI) has given approval to the Bombay Stock Exchange’s India INX and the National Stock Exchange’s NSE IFSC to launch derivatives on an additional 33 and 52...
Puja Sondhi, Sumeet Singh, Shardul Amarchand Mangaldas on Minority investments in listed companies

Key concerns for minority investors in listed companies

By Puja Sondhi and Sumeet Singh, Shardul Amarchand Mangaldas
Private equity and other investors (strategic or otherwise), while making minority investments in a listed company (listco), have to navigate a myriad of regulations including the Securities and Exchange Board of India (Listing Obligations...
Trading in commodity derivatives and other securities integrated

Trading in commodity derivatives and other securities integrated

The Securities and Exchange Board of India on 13 July notified the omission of regulation 18C of the SEBI (Stock Brokers and Sub-brokers) Regulations, 1992. Regulation 18C provides that a stockbroker engaged in buying,...
Category III AIFs may invest commodity derivatives

Category III AIFs may invest in commodity derivatives

The Securities and Exchange Board of India through Circular No. 61 dated 21 June allowed for the participation of category III alternative investment funds (AIFs) in the commodity derivatives market subject to the following...
IPO lock-in norms for category II AIFs eased

IPO lock-in norms for category II AIFs eased

The Securities and Exchange Board of India announced on 21 June that the existing exemption of the one-year lock-in obligations for an initial public offering, which is available to category I alternative investment funds...
Shruti Rajan, Gazal Rawal, Cyril Amarchand Mangaldas, on trading regulations

Compliance issues under insider trading regulations

By Shruti Rajan and Gazal Rawal, Cyril Amarchand Mangaldas
Since the introduction of the new insider trading regime in 2015, India’s securities market has seen a number of changes in terms of processes and controls for transactions and also with regard to routine...

Slow road takes its toll

Working through regulatory uncertainties was vital to pulling off the maiden issue by an infrastructure investment trust. Rebecca Abraham reports On 5 May IRB InvIT Fund became the first infrastructure investment trust (InvIT) to raise...
Liberalization and reforms fuel record-breaking M&A activity

Bustling market

Liberalization and reforms fuel record-breaking M&A activity, writes Nandini Lakshman The year 2016 saw a swell in the number of India-related mergers and acquisitions thanks to a series of changes. A more liberalized foreign direct...
Education company scores a first with IPO

Education company scores a first with IPO

AZB & Partners advised S Chand and Company – and three promoters and four other selling shareholders – on its recent ₹7.3 billion (US$ 113 million) IPO. The firm’s team comprised Delhi-based partners Madhurima...
Changes proposed for offshore derivative instruments

Changes proposed for offshore derivative instruments

The Securities and Exchange Board of India (SEBI) has issued a consultation paper proposing: (1) to levy regulatory fees on foreign portfolio investors (FPIs) issuing offshore derivative instruments (ODIs); and (2) to prohibit the...
Puja Sondhi Aayush Kapoor, Aakanksha Dalal, Shardul Amarchand Mangaldas

Practical implications of trading window closure

By Puja Sondhi, Aayush Kapoor and Aakanksha Dalal, Shardul Amarchand Mangaldas
The Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 (PIT Regulations), restrict “insiders” from dealing in listed (or to-be-listed) securities when in possession of unpublished price sensitive information (UPSI). Any...
Shruti Rajan and Rohan Banerjee, Cyril Amarchand Mangaldas

Board evaluation: A step towards greater governance

By Shruti Rajan and Rohan Banerjee, Cyril Amarchand Mangaldas
Quis custodiet ipsos custodes? (Who will guard the guardians?) – Juvenal Since the introduction of clause 49 in the Listing Agreement more than a decade ago, the Securities and Exchange Board of India (SEBI) has...
A photo of Vijai Mathur and Saiyam Chaturvedi from Link Legal India Law Services on an article about upside sharing agreements

Corporate governance and upside sharing agreements

By Vijai Mathur and Saiyam Chaturvedi, Link Legal India Law Services
Upside sharing agreements (otherwise referred to as compensation agreements) are arrangements which are sometimes entered between an investor (usually a private equity investor) and the promoters and/or management of a listed company with an...
Issues related to written-off securities clarified

Issues related to written-off securities clarified

The Securities and Exchange Board of India (SEBI) through its circular dated 2 January has clarified that proceeds arising due to a write-off of securities held by foreign portfolio investors (FPIs) or deemed FPIs...
Stock exchange co-location facility guidelines reviewed

Stock exchange co-location facility guidelines reviewed

Through a circular dated 1 December 2016, the Securities and Exchange Board of India (SEBI), in consultation with the Technical Advisory Committee, reviewed certain provisions relating to guidelines to be followed by stock exchanges...
Maiden Stock exchange IPO

Maiden Stock exchange IPO

Four law firms – three Indian and one international – shared the honours as advisers on the recent IPO of BSE (the Bombay Stock Exchange), which was oversubscribed 51 times and netted US$184 million....
Sawant Singh and Aditya Bhargava Foreign portfolio investors still waiting for easier entry

Foreign portfolio investors still waiting for easier entry

By Sawant Singh and Aditya Bhargava, Phoenix Legal
To deepen the Indian corporate bond market and broaden the sources of funding available to Indian borrowers, the 2016-17 budget announced that foreign portfolio investors (FPIs) would be allowed to invest in unlisted debt...
Harish Kumar and Vikas Gaur, Regulatory view of ‘control’ puts investors in catch-22

Regulatory view of ‘control’ puts investors in catch-22

By Harish Kumar and Vikas Gaur, Link Legal India Law Services
Historically, “control” in corporate parlance has been understood as positive control. As per a 2009 press note from the Department of Industrial Policy and Promotion, control means the power to appoint a majority of...
A push for procedural certainty

A push for procedural certainty

Gowree Gokhale and Jaideep Reddy analyse the problems of delegated legislation and suggest ways to resolve them. While the constitution and central and state statutes are the basis of India’s legal regime, delegated (or subordinate)...
India deals of the year 2016

Deals of the year 2016

Deals of the year 2022 Deals of the year 2021 Deals of the year 2020 Deals of the year 2019 Deals of the year 2018 Deals of the year 2017 Deals of the year 2015 Deals of...

The wisdom (or lack of wisdom) of the crowd

By Mathew Chacko and Praveen Raju, Spice Route Legal
India’s underserved debt and equity investment markets have seen a proliferation of specialized lenders creating avenues for capital that used to be stashed under beds to be put to better (hopefully) and riskier (definitely)...

Issues in reclassification of listed companies’ promoters

By Roopal Kulsrestha and Komal Modi, Shardul Amarchand Mangaldas & Co
In India, a promoter is generally understood as a person in control of a company. A change in the promoter of a listed company is perceived as sufficiently significant to affect the company’s share...

Bombay Stock Exchange faces legal and regulatory hurdles

The Bombay Stock Exchange and the National Stock Exchange of India are gearing up for their own listings but they still face legal and regulatory hurdles. Nandini Lakshman reports For quite some time, the highly profitable stock exchanges...

Venture capital investors get clarifications

Earlier this year, the Reserve Bank of India (RBI) amended schedule VI of the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000 (TISPRO regulations), which govern...

Municipal bonds as a way to fund smart city projects

By Soumya Kanti De Mallik, HSA Advocates
Government grants and multilateral agency loans will cover a mere fraction of the total cost of India’s Smart Cities Mission projects. Thus various other sources of financing are being encouraged, including municipal bonds (muni-bonds)....

Rules for overseas debt instruments clarified

In a circular on 29 June, the Securities and Exchange Board of India issued a clarification stating that those who have subscribed to overseas debt instruments (ODIs) under foreign institutional investor regulations can continue...

Share sales via exchange: Decoding the mechanism

By Yogesh Chande, Shardul Amarchand Mangaldas & Co
Through a notification dated 24 March 2015, the Securities and Exchange Board of India (SEBI) amended its Buy Back of Securities Regulations, 1998, Substantial Acquisition of Shares and Takeovers Regulations, 2011, and Delisting of...

Key aspects of legal regime for employee stock options

By Rashmi Pradeep, Cyril Amarchand Mangaldas
The grant of employee stock options has become a common tool used by employers around the world to retain talent. Under employee stock options schemes (ESOS), employees are granted options that give them a...

Update on assured return for foreign investors’ exit

By Manish Gupta and Ashish Ahluwalia, Link Legal India Law Services
India has been one of the hot destinations for global financial investors, and private equity and venture capital investment has been the most popular route for foreign investments in India. What is of paramount...
Rajesh Begur and Pooja Chitalia, ARA LAW

5 key parameters to set up alternative investment funds

By Rajesh Begur and Pooja Chitalia, ARA LAW
Venture capital (VC) fundraising and deals have a promising outlook particularly with the government’s desire to create an ecosystem in which entrepreneurs can mushroom. For this to happen, one cannot rely solely on funds...
By Sawant Singh and Aditya Bhargava, Phoenix Legal

Budget 2016: Good times ahead for bond markets?

By Sawant Singh and Aditya Bhargava, Phoenix Legal
While the Indian corporate bond market has become more active in the private placement segment in the past few years, the market’s overall development has been ad hoc. This situation seems set for a...

Enforceability of options has seen positive evolution

By Rajesh Begur and Prashaant Rajput, ARA LAW
The past few years have witnessed sluggish primary market activity and few startups and mid-size companies have taken effective steps towards going public. In this environment, one of the typical exit strategies that assumes...

Capital markets curbs imposed on wilful defaulters

In line with its objective of restricting access by wilful defaulters to the capital markets for raising funds from the public (as specified under the master circular on wilful defaulters issued by the Reserve...
By Sawant Singh and Aditya Bhargava, Phoenix Legal

Companies Act suggestions: A step in line with the times

By Sawant Singh and Aditya Bhargava, Phoenix Legal
India’s Companies Act, 2013, has had a chequered and a sluggish start. While it received presidential assent on 29 August 2013 and appeared in the official gazette the next day, only 98 of its...

The curious case of FAQs

Ipsita Dutta takes a look at clarifications issued by financial regulators and how to pre-empt the risks they pose The Indian financial sector has seen a steady rise in the number and scope of regulations,...
India Business Law Journal

Sea change

The world of offshore opportunities for India-related business is undergoing a transformation that may set tried and tested relationships adrift, writes John Church It used to be that when you mentioned India and offshore investment...

Insights into changes in the insider trading regulationsc

By Inder Mohan Singh and Sridevi VS, Shardul Amarchand Mangaldas & Co
The Securities and Exchange Board of India (SEBI) has taken further steps to curb insider trading by issuing the SEBI (Prohibition of Insider Trading) Regulations, 2015, effective from 15 May 2015. Insiders, including those...

IRDAI regulations on ‘other forms of capital’ notified

The Insurance Regulatory Development Authority of India (IRDAI) has notified the IRDAI (Other Forms of Capital) Regulations, 2015, permitting the issuance of “other forms of capital” such as preference share capital or subordinated debt...
Stock

Procedures for compliance by listed exchanges

The Securities and Exchange Board of India (SEBI) issued a circular on 1 January outlining the procedures for ensuring compliance with the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regulations, 2012 (SECC regulations),...
By Kanchan Sinha and Shikhar Kacker, Luthra & Luthra Law Offices

Alternative fund rules and the push to ‘Make in India’

By Kanchan Sinha and Shikhar Kacker, Luthra & Luthra Law Offices
The government’s flagship “Make in India” project is aimed at reviving economic growth and making India a manufacturing hub, with the cascading effect of job creation at all levels across urban and rural India....
India deals of the year 2015

Deals of the Year 2015

Deals of the year 2022 Deals of the year 2021 Deals of the year 2020 Deals of the year 2019 Deals of the year 2018 Deals of the year 2017 Deals of the year 2016 Deals of...

Rights of the media

Pre-censorship law in India has important ramifications, argue Jasleen Oberoi, Surbhi Mehta and Deepro Guha Freedom of the press emanates from article 19(1)(a) of the Constitution of India, which guarantees freedom of speech and expression...

Listing venue for startups: Issues and way forward

By Rajesh Begur, ARA LAW
India is seeing a boom in private investments in e-commerce and technology startups and a large number of funds have invested billions of US dollars in such online companies. Most of these private equity...

A work in progress

Disclosure and due diligence obligations in India are evolving, say Varoon Chandra and Lionel D’Almeida The Securities and Exchange Board of India (SEBI) is the primary regulator of equity and debt offerings by Indian companies....

Chasing capital

As India’s equity markets stir, Nandini Lakshman investigates some of the recent deals, reveals the law firms that guided them and asks what’s in store for cash-hungry companies It has been a modest but eventful...

Early days for InvITs

Infrastructure investment trusts have great potential, but as Vishal Yaduvanshi explains, changes are necessary The Securities and Exchange Board of India (SEBI) introduced infrastructure investment trusts (InvITs) with the notification of the SEBI (Infrastructure Investment...

Reinforcing obligations

New listing regulations are a step in the right direction. Priyanka Kumar and Sohrab Khushrushahi explain why The Securities and Exchange Board of India (SEBI) notified the Securities and Exchange Board of India (Listing Obligations...

Restrictions on foreign investment by AIFs and VCFs

On 1 October, the Securities and Exchange Board of India (SEBI) issued a circular dealing with regulatory restrictions concerning overseas investments by alternative investment funds (AIFs) and venture capital funds (VCFs) which are registered...
A feature image of Hemant Sahai and Ajan Dasgupta from HSA

Municipal bonds offer one creative financing solution

By Hemant Sahai and Anjan Dasgupta, HSA Advocates
The capital requirements for developing smart cities over the next two decades are staggering. While some funding will be available from the central and state governments and urban local bodies (ULBs) for the initial...
A photo of Sawant Singh and Aditya Bhargava on the articleListing and disclosure rules consolidation: A good step?

Listing and disclosure rules consolidation: A good step?

By Sawant Singh and Aditya Bhargava, Phoenix Legal
The Securities and Exchange Board of India (SEBI) notified the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, on 2 September. The regulations are designed to consolidate all post-listing requirements applicable to entities that...

Share-based employee benefits rules amended

On 18 September, SEBI notified an amendment to the SEBI (Share Based Employee Benefits) Regulations, 2014. An employee under regulation 2(1)(f) was previously defined as: (i) a permanent employee of the company who has been...

Issue of capital and disclosure rules changed

On 10 September, the Securities and Exchange Board of India (SEBI) notified an amendment to the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009. Schedule XI, part A, paragraph (10), clause (b), sub-clause (iii)...

Foreign investors to see more change on options

By By Sourav Kanti De Biswas and Maneka Khanna, Shardul Amarchand Mangaldas & Co
The regulatory regime governing optionality clauses in India has seen a history of restrictions and uncertainties, leading to ambiguities on their enforceability. A notification issued by the Securities and Exchange Board of India (SEBI)...

Institutional Trading Platform

The Securities and Exchange Board of India (SEBI), at its board meeting on 23 June, revised the regulatory framework of the Institutional Trading Platform (ITP) to enable it to accommodate a larger number of...

Uncovering the real deal

Recent experience suggests the process of conducting due diligence is not taken seriously enough in India. Nandini Lakshman reports Differences between buyers and sellers after a deal is done are not unusual. But the recent mud-slinging between...

Price discovery of delisting offers: Time for a change

By Akila Agrawal, Shardul Amarchand Mangaldas & Co
The Securities and Exchange Board of India (SEBI) has recently amended the Takeover Regulations providing potential acquirers who trigger a mandatory tender offer an opportunity to directly delist the company. This helps avoid the...

Issue of capital and disclosure rules amended

On 5 May SEBI also notified the SEBI (Issue of Capital and Disclosure Requirements (Second Amendment) Regulations, 2015, to amend the 2009 regulations. The amendment made to regulation 70 exempts from the scope of chapter...

Takeover regulations amended

On 5 May the Securities and Exchange Board of India notified the SEBI (Substantial Acquisition of Shares and Takeovers) (Second Amendment) Regulations, 2015, to amend the 2011 regulations. Regulation 10, which provides for exemptions to...
Farmer_fertilizer_India

Zuari wins control of UB Group unit

Shardul Amarchand Mangaldas & Co advised Zuari Fertilisers & Chemicals and Zuari Agro Chemicals when it completed its second open offer for Mangalore Chemicals & Fertilizers (MCFL), which was part of the UB Group. The firm has been advising the...

Trial and error

Can the media ever dissect a criminal case without interfering with the judicial process? Amit Vyas examines the issues at stake Freedom of the media is an integral part of freedom of expression and an essential...
Easy_business_ride_with_support

A smooth ride

VRL Logistics steered successfully down the IPO route last month. Other companies are eyeing fundraising opportunities, but will they race ahead or hit regulatory roadblocks? Vandana Chatlani reports In 1976, Vijay Sankeshwar set up a small...
India Business Law Journal

One step forward two steps back?

Corporate activity is on the increase yet uncertainty persists The Competition Commission of India is one among several agencies that are seeing evidence of an uptick in corporate activity. Ashok Chawla, the chairman of India’s...
By Sawant Singh and Aditya Bhargava, Phoenix Legal

Bank units in international finance centres welcome

By Sawant Singh and Aditya Bhargava, Phoenix Legal
The establishment of “international finance centres” – specifically the Gujarat International Finance Tec- City (GIFT) – on par with Singapore and Dubai, received a notable mention in the finance minister’s budget speech on 28...
By Aakash Choubey and Nayantara Kutty, Khaitan & Co

Voting arrangements in listed companies clarified

By Aakash Choubey and Nayantara Kutty, Khaitan & Co
The question of acquisition of control in listed companies gets even more complex when voting arrangements come into play. The Securities and Exchange Board of India (SEBI) has considered this previously but its recent...

Red signals on put options turned yellow, soon green?

By Vidyut Gulati and Kushal Sinha, Shardul Amarchand Mangaldas & Co
Not long ago, the validity and enforceability of put options on equity shares and compulsorily convertible debentures and preference shares held by foreign investors, being one of the preferred exit routes, was the biggest...

Dissemination board: Liquidity at all costs!

By Suhail Nathani and Yogesh Chande, Economic Laws Practice
The Securities and Exchange Board of India (SEBI) in 2008 issued guidelines for regional stock exchanges (RSEs) whose recognition it withdraws or refuses, and RSEs that seek to surrender their recognition. In all such...
Business Law Journal, letter to the editor

A useful comparison

Dear Editor, I wish to draw your attention to some key points that arise during a comparative analysis of the takeover laws of India and the UK. This will be of interest to readers who...
By Yogesh Chande and Bhavin Gada, Economic Laws Practice

Investment through IPO in township business company

By Yogesh Chande and Bhavin Gada, Economic Laws Practice
India’s foreign investment policy prohibits any sort of foreign investment in real estate business. “Real estate” business means dealing in land and immovable property with a view to earning profit or income. However, “township...

Highlights of India’s budget for 2015-16

We highlight below some important changes that were proposed by the finance minister during his budget speech on 28 February: Reducing corporate tax The 30% corporate tax for domestic companies is proposed to be reduced in...

FMC and securities regulator merged into single body

Consolidation of the regulation of all markets under a single body has been a long mooted idea dating back to the Wajahat Habibullah Committee in 2003. However, the suggestion of a merger between the...

New insider trading rules: Issues for due diligence

By Puja Sondhi, Sumeet Singh and Kaustuv Banerjee, Amarchand Mangaldas
The Securities and Exchange Board of India (SEBI) has recently published the SEBI (Prohibition of Insider Trading) Regulations, 2015, which, once effective, will replace the SEBI (Prohibition of Insider Trading) Regulations, 1992. An inherent problem...

Proposals to strengthen the clearing corporations

By Suhail Nathani and Yogesh Chande, Economic Laws Practice
The core of risk management for any clearing corporation (CC) is collateral deposited by the stockbroker or trading or clearing member with the CC. Participants bring risk to the system by way of trades...

Regulation proposed for crowdfunding in India

By Ganesh Prasad and Sharad Moudgal, Khaitan & Co
Crowdfunding is a popular mode for raising funds for startups and entrepreneurs. Simply put, crowdfunding is the solicitation of funds, usually a small amount, from multiple investors through an online platform or through social...

Whipping tipping: ‘Tippee’ now liable as insider trader

By Suhail Nathani and Malek-ul-Ashtar Shipchandler, Economic Laws Practice
Securities regulation is based on the core idea that all investors should have equal access to the rewards of participation in securities transactions. Insider trading is the antithesis to this equal access theory. Insider trading...

New certainty on trigger for merger control notice?

By Kunal Chandra and Gautam Chawla, Trilegal
Under the Competition Act, a merger control notification for an acquisition must be filed within 30 days of execution of any agreement or “other document”. The term “other document” has been explained under the...

Rewarding whistleblowers: Arguments for and against

By Suhail Nathani and Yogesh Chande, Economic Laws Practice
In what is by far the largest whistleblower bounty under the Dodd-Frank Act’s whistleblower provisions, the US Securities and Exchange Commission (SEC) on 22 September 2014 awarded more than US$30 million to a whistleblower...

Pledge of shares in an IPO: Whose skin is it anyway?

By Jeet Sen Gupta, Yogesh Chande and Nitin Gupta, Economic Laws Practice
It is common practice for listed and unlisted companies to borrow money from banks and other financial institutions to fund their ventures. Banks and financial institutions, which usually deploy public funds, would typically require...
India deals of the year 2014

Deals of the Year 2014

Deals of the year 2022 Deals of the year 2021 Deals of the year 2020 Deals of the year 2019 Deals of the year 2018 Deals of the year 2017 Deals of the year 2016 Deals of...

Insider trading regulations overhaul: What to expect

By Aakash Choubey and Vatsal Gaur, Khaitan & Co
The Justice NK Sodhi Committee has recommended an overhaul of the Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 1992, and has put together a set of recommended regulations titled the...

Grossly deceiving receipts: fraud found in GDR

By Suhail Nathani and Yogesh Chande, Economic Laws Practice
The Securities and Exchange Board of India (SEBI) received alerts about large scale off-market transactions through its market monitoring system. On investigation, it was found that global depository receipts (GDRs) had been issued to...

Modifications to protection fund guidelines

The Securities and Exchange Board of India (SEBI) amended the eligibility criteria for claimants under the Investor Protection Fund (IPF) and Consumer Protection Fund (CPF) guidelines through a circular issued on 29 September. Following the...

Pulling the strings

Foreign players in newly liberalized sectors can increase their decision making powers and safeguard their investments through creative strategies, even if they don’t have full control. Nandini Lakshman reports from Mumbai The issue of control of...
By Sawant Singh and Shantanu Mitra, Phoenix Legal

Amendments give more teeth to securities regulator

By Sawant Singh and Shantanu Mitra, Phoenix Legal
The policy paralysis plaguing India’s regulatory system seems to have abated with the notification of the Securities Laws (Amendment) Act, 2014, on 22 August. The act had already enjoyed two terms in force as...
By Gautam Khurana, India Law Offices

Overseas investment and bringing in foreign funding

By Gautam Khurana, India Law Offices
Aspiring Indian investors and investee companies can use the following rules of thumb in various overseas investment scenarios as well as for bringing in private equity investments and external commercial borrowings (ECBs). Setting up new...

Too fat, too fast: Dilemma posed by erroneous trades

By Suhail Nathani and Yogesh Chande, Economic Laws Practice
In May 2010, when the Dow Jones industrial average mysteriously dipped 1,000 points in the blink of an eye, the “flash crash” was initially blamed on a “fat-finger” error, possibly from a trader mistaking...

Key points of the Securities Law (Amendment) Act

The Securities Law (Amendment) Act, 2014, came into force on 22 August with the objective of amending the Securities and Exchange Board of India (SEBI) Act, 1992, the Securities Contracts (Regulation) Act, 1956, and...

Follow us on WhatsApp for latest updates

Follow now