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Advisories Without Borders? Analyzing SEBI’s IPO Disclosure Advisories

October 30, 2024

[By Anushka Aggarwal] The author is a student of National Law School of India University (NLSIU).   Introduction Recently, the Securities and Exchange Board of India (SEBI) sent a 31-point advisory to investment bankers via the Association of Investment Bankers of India, the investment banking industry’s representative to SEBI (IPO advisories), which increases the Initial Public Offering (IPO) disclosure requirements and due diligence requirements. This was a part…

SEBI’s Tightrope Walk in AIF Regulation: Innovation vs. Protection

October 28, 2024

[By Debangana Nag] The author is a student of the West Bengal National University of Juridical Sciences.   Introduction In its recent board meeting on 30th September, SEBI outlined maintaining pari-passu rights of the investors in Alternate Investment funds to maintain a level playing field among them. The Board approved proposals to amend the AIF Regulations to state that, in all other respects (barring specified exemptions), investors’ rights…

National Security-Centric Outbound Foreign Investment Regulation in India: Lessons from Reverse CFIUS

October 28, 2024

[By Subhasish Pamegam] The author is a student of Gujarat National Law University, Gandhinagar.   Introduction The United States’ recent executive order (EO) regulating outbound foreign direct investments (OFDI) – also known as the Reverse Committee on Foreign Investment in the United States (CFIUS), marks a significant shift in the global landscape for outbound investment regulations. This regulatory mechanism is designed to scrutinize and potentially restrict outbound investments…

Empowering Boards or Undermining Governance? BJR in Social Policy Decisions

October 28, 2024

[By Samrudh Kopparam] The author is a student of O.P Jindal Global University.   Introduction As environmental, social, and governance (‘ESG’) concerns polarize corporate realms, the resulting implications—political reprisal, declining stock values, and unfavourable market positioning—become significant. In response to these developments, it is imperative to implement safeguards for boards when faced with stakeholder pressure to adopt public stances on crucial ESG matters. ExxonMobil’s recent board battle with…

Regulatory Harmonization: Strengthening HFC and NBFC Frameworks

October 18, 2024

[By Shriyansh Singhal] The author is a student of National Law University Odisha.   Introduction The Reserve Bank of India (‘RBI’) has initiated a new regulation aimed at aligning the regulatory frameworks of Housing Finance Companies (HFCs) with Non-Banking Finance Companies (NBFCs) to ensure greater consistency and financial stability. The RBI decision align with the guidelines stated in paragraph 4 of the dated 22nd October 2020 which recommended…

Challenges of SEBI’s New Fixed Price Delisting Mechanism

October 18, 2024

[By Ojas Singh & Tanuj Goyal] The authors are students of Symbiosis Law School, Pune.   INTRODUCTION On 27 June 2024, SEBI in its board meeting, paved the way for public companies to be delisted through the Fixed Price Offer (FPO), as an alternative mechanism to Reverse Book Building (RBB). The move comes following the release of the consultation paper on 14th August 2023, which included crucial modifications…

Creditor’s Choice: Interplay Between Section 230 and CIRP

October 18, 2024

[By Vanshika Mathur] The author is a student of Institute of Law, Nirma University.   Introduction: In a recent case before the NCLT Bench Mumbai (ICICI Bank Limited vs Supreme Infrastructure India Limited), the issue was whether a section 7 petition under the Insolvency and Bankruptcy Code,  could be filed while a scheme of arrangement was pending under Section 230 of the Companies Act. Here, the Corporate Debtor…

Navigating the Foreign Exchange Amendments: New Era for Cross-Border Investments

October 18, 2024

[By Lavanya Chetwani & Shriyansh Singhal] The authors are students of National Law University Odisha.   Introduction The Ministry of Finance through its Department of Economic Affairs has introduced the Foreign Exchange Management (Non-debt Instruments) (Fourth Amendment) Rules, 2024 (‘Amended Rules’), which signifies a major shift in the regulatory framework in India. The amendments have been issued to somewhat modify the Foreign Exchange Management (Non-debt Instruments) Rules, 2019…

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