COMPETING OFFERS UNDER SEBI (SUBSTANTIAL ACQUISITION OF SHARES AND TAKEOVERS) REGULATIONS, 2011 (HEREINAFTER REFERRED AS ‘TAKEOVER REGULATIONS’)

The term ‘Competing Offer’ refers to an offer given by any other person (Competing Acquirer) after an offer has already been given by an Acquirer to the shareholders of the Target Company to acquire the shares held by them.  The Takeover Regulations permits all persons other than the original acquirer to make a competing offer and… Continue reading COMPETING OFFERS UNDER SEBI (SUBSTANTIAL ACQUISITION OF SHARES AND TAKEOVERS) REGULATIONS, 2011 (HEREINAFTER REFERRED AS ‘TAKEOVER REGULATIONS’)

BONUS ISSUE

A Bonus Issue by a company refers to the further issue of shares to its’ existing shareholders, without consideration,  in proportion to the voting rights or pro-rata of their holding of shares in the company. Source for Issue of Bonus Shares: As per Section- 63(1) a company may issue fully paid up bonus shares to… Continue reading BONUS ISSUE

Trading Plan

NEED FOR TRADING PLAN To reconcile the need to maintain the prohibition on trading in securities when in possession of Unpublished Price Sensitive Information (UPSI) with the need to provide a regime in which compliance-conscious insiders are able to put in place a compliant mechanism to trade in securities where they are insiders, the concept… Continue reading Trading Plan

SEBI (INFOMAL GUIDANCE) SCHEME 2003

In the interest of better regulation of and orderly development of the securities market, SEBI has issued a scheme called “Securities and Exchange Board of India (Informal Guidance) Scheme 2003” under section 11(1) of SEBI Act, 1992, which came into effect from 24th June, 2003. This is a formal scheme with detailed procedure for providing Informal Guidance.… Continue reading SEBI (INFOMAL GUIDANCE) SCHEME 2003

ANALYSIS – SEBI (SETTLEMENT PROCEEDINGS) REGULATIONS, 2018

INTRODUCTION Settlement Proceedings in relation to violation of provisions in securities laws have been conducted under a mechanism by the Securities Exchange Board of India (“SEBI”) since 2007. The last legislation on settlement proceedings was stipulated by SEBI in 2014. The said regulations apart from giving SEBI other powers of initiating proceedings on its own,… Continue reading ANALYSIS – SEBI (SETTLEMENT PROCEEDINGS) REGULATIONS, 2018

Upcoming Mandatory Compliance by Listed Companies towards “Good Corporate Governance”

1.   An Introduction The Market Regulator, Securities and Exchange Board of India (SEBI) issued amendments to the SEBI (Listing Obligations and Disclosure Requirements) Regulation, 2015 vide its circular dated 09th and 10th May 2018 taking into consideration the recommendations issued by Kotak Committee under the chairmanship of Mr. Uday Kotak in the field of Good… Continue reading Upcoming Mandatory Compliance by Listed Companies towards “Good Corporate Governance”

Moving towards an era of Listing Regulations from Listing Agreement

The Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 Securities and Exchange Board of India (‘SEBI’) with the power conferred by SEBI Act, 1992 notified the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 (‘Listing Regulations 2015’) on 2nd September, 2015, whereby an endeavor were… Continue reading Moving towards an era of Listing Regulations from Listing Agreement

Ensuring The Transparent Regime For Related Party Transaction with “Revised Clause 49 Of Listing Agreement”

With two time amendments in clause 49 of listing agreement SEBI tried to align the provisions under clause 49 with Companies Act, 2013 in respect of woman director, independent director, related party transaction etc. The revised Clause 49 updates and brings into line the Listing Agreement with standard on corporate governance enlightened under Companies Act,… Continue reading Ensuring The Transparent Regime For Related Party Transaction with “Revised Clause 49 Of Listing Agreement”