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  • Article

    FDI With Assured Returns?

    Citing the Supreme Court's decision in the Vodafone case, the Court held that the transaction should be reviewed as a whole, by resorting to the substance over form approach.
    IndiaGovernment, Public Sector
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    Appointment Of Directors To The Board Of Yes Bank

    The Bombay High Court recently pronounced its judgment in Madhu Ashok Kapur and Ors. v. Rana Kapoor and Ors., providing some relief in the twoyear long battle between Yes Bank and Madhu Kapur...
    IndiaFinance and Banking
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    Strategic Debt Restructuring Scheme

    The RBI, in its recent circular titled "Strategic Debt Restructuring Scheme", provided a framework whereby lender banks have been granted enhanced capabilities to initiate a change in ownership of a defaulting borrower...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    SEBI's Informal Guidance On In Relation To The Appointment Of An Additional Executive Promoter Director

    On November 18, 2020, the Securities and Exchange Board of India (SEBI) issued an informal guidance to Manaksia Aluminum Company Limited (Company) with regards to...
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    Hunting For Evidence

    Last month, SEBI issued a consultation paper seeking to regulate unexplained suspicious trading activity as the use of untraceable or encrypted communication media and innovative ways of carrying out trades ...
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    SEBI Restricts News Anchor And Family From Dealing In The Securities Market

    Mr. Ghai hosts a show called Stock 20-20 on CNBC Awaaz before market hours, which features recommendations on certain stocks to be bought and sold during the day.
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    RBI's UPI Expansion With Credit Lines

    The Reserve Bank of India ("RBI") in a statement dated April 06, 2023, proposed to expand the scope of the Unified Payments Portal ("UPI") by enabling transfers to/from pre-sanctioned credit lines at banks...
    IndiaFinance and Banking
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    Correction In Order: A Case For Relooking At Some Sebi Regulations

    The securities markets are ever-evolving and require the regulator to always be on its feet, revising and updating its regulations and practices with the changing environment.
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    Trade Settlement In INR Via Vostro

    The Reserve Bank of India has released a notification pertaining to International Trade Settlement in Indian rupees this month.
    IndiaInternational Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    SEBI Mulls Revamping Ownership Structure Of MFs

    A "sponsor" is the nucleus of a Mutual Fund (MF) precisely because they are responsible for promoting, bringing in capital and setting up a MF.
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    Information ‘Heard On Street' Is Not UPSI: SAT

    In their defense, the appellants argued that they were not the originators of such messages but had merely shared messages in a ‘forwarded as received' manner.
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    Regulating Execution-only Players

    Over the last few years, Sebi has taken various initiatives to promote and facilitate investments into mutual fund (MF) schemes either directly or through distributors...
    IndiaFinance and Banking
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    SEBI's Enforcement Proceedings Need A Statute Of Limitations

    Currently, SEBI has discretionary powers to issue a show-cause notice (SCN) to an individual or entity suspected of violating the securities laws...
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    Regulating Fractional Ownership Platforms – A Step In The REIT Direction?

    On May 12, 2023, the Securities and Exchange Board of India (SEBI) issued a consultation paper proposing a regulatory framework to govern fractional ownership platforms (FOPs).
    IndiaFinance and Banking
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    No Penalty Can Be Imposed On Companies For Violations Of Post Listing Compliances Under Section 23E Of SCRA

    Event-based and prompt disclosure of material information are directed towards keeping public shareholders abreast of the developments of the listed entity.
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    Tightening The Screws On AIFs

    Recent years have seen the increasing relevance of alternative investment funds as a sought-after asset class in the Indian investment landscape.
    IndiaFinance and Banking
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    SEBI: AMCs Should Not Absorb Expenses Pertaining To Mutual Fund Schemes

    SEBI vide its order dated December 29, 2022, imposed a penalty of Rs. 1 Lakh on DSP Investment Managers Private Limited (AMC) for bearing expenses of the DSP Nifty 50 Exchange Traded Fund...
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    SEBI Fee Review, Give It A Relook

    SEBI is revisiting Total Expense Ratio (TER) rules for mutual funds, which account for various costs including management fees, marketing costs, administrative expenses, etc.
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    Supreme Court On Insider Trading: Motive To Unfairly Gain Based On UPSI Is Relevant

    On September 19, 2022 in the case of SEBI v. Abhijit Rajan, the Hon'ble Supreme Court (SC) held that the motive of the insider to make an unlawful gain...
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors
  • Article

    SEBI's U-Turn In Cancelling License Of Brickwork Ratings

    The Securities and Exchange Board of India (SEBI), by its order dated September 13, 2023, issued several directions against Brickwork Ratings, effectively replacing its earlier order of October 2022...
    IndiaCorporate/Commercial Law
    Finsec Law Advisors
    Finsec Law Advisors

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