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Fiscal Frontiers: Unveiling India’s Evolving ‘Finfluencer’ Regulatory Framework

February 16, 2024

[By Arnav Gulati] The author is a student of Jindal Global Law School.   Introduction:  In the burgeoning digital finance arena, financial influencers, termed as ‘finfluencers’ have emerged as influential arbiters of financial decision-making, however their actions continue to be uncontrolled. The absence of regulatory oversight in this domain has created a vacuum that has been used by such finfluencers, who often lack the requisite credentials, to propagate inaccurate...

National Infrastructure and Investment Fund: An extension of the Indian Protectionist Economy

February 16, 2024

[By Hemant Tewari & Apoorva Singh Rathaur] The authors are students of Dharmashastra National Law University, Lucknow.   Introduction  Sovereign wealth funds (SWFs) have rekindled discussions about their role amid contemporary challenges like trade tensions and geopolitical unrest. With trillions of dollars at their disposal, these state-backed investment vehicles not only shape markets but also wield potential as instruments of national ambition and protectionist agendas.  In 2023, the...

SEBI’s Take on Rumour Verification: Micromanagement or a Welcome Move?

February 16, 2024

[By Dharani Maddula & Anoushka Das] The authors are students of Symbiosis Law School, Pune.   Introduction On 28 December 2023, the Securities and Exchange Board of India (“SEBI”) published a new Consultation Paper on Amendments to SEBI Regulations with respect to Verification of Market Rumours (“Consultation Paper”). The paper seeks to use material price movement instead of material event as defined under Regulation 30 of the Securities...

Analysing Regulatory Overlap Concerns Amidst the Draft Broadcasting Bill’s Attempt to Revive Digital News Content Regulation

February 16, 2024

[By Anupama Reddy Eleti] The author is a student of Gujarat National Law University.   Introduction  2023 has been a significant year for the Indian Data Privacy Landscape. From the passage of the Digital Personal Data Protection Act, 2023 in April to the recent release of the Draft Telecommunication Bill 2023, MIB and MeitY have rolled out several legislations reshaping India’s personal data use. Amidst these developments, the...

Unravelling the Impact: RBI’s Stringent Investment Measures Shake Up India’s AIF Landscape

February 16, 2024

[By Sibasish Panda & Disha Bandyopadhyay] The authors are students of National Law University Odisha.   Introduction India’s economy stands as one of the fastest-growing major economies worldwide. The growth in the investment market has been impeccable especially with the Alternative Investment Funds (AIFs) now surpassing the mutual funds (MFs) in terms of growth rate. With transparent structures, a diversified portfolio, and a promise of superior returns the...

Client Poaching using Geo-fencing Technology – A Potential Antitrust Concern

February 16, 2024

[By Anmol Aggarwal & Ria Bansal] The authors are students of Rajiv Gandhi National University of Law.   Introduction  The advent of Artificial Intelligence (‘AI’) technology has opened the gates to many potential methods of abuse of dominance that would not have the potential to exist on a large scale without AI technology. Geo-fencing is one of those methods, which, if used by a dominant firm to cause...

Anatomising (Mis)utilization of Client’s Securities by (Professional) Clearing Members

February 16, 2024

[By Aniket Panchal & Shubhankar Sharan] The authors are students of Gujarat National Law University.   Introduction An interesting chain of events transpired centered on Edelweiss (a registered Professional Clearing Member (“PCM”), against whom appeals were filed in response to directives from the Member and Core Settlement Guarantee Fund Committee (“Committee”) of NSE Clearing Ltd (“NCL”). These directives ordered Edelweiss to reinstate securities that were disposed of in...

​​​Performance Validation Agency: SEBI’s Fresh Step Towards Investor Protection

February 16, 2024

[By Srishti Multani & Aryan Birewar] The authors are students of Symbiosis Law School, Pune.   Introduction   The Securities and Exchange Board of India (‘SEBI’) on 31st August 2023, issued a Consultation Paper to propose a Performance Validation Agency (‘PVA’). The objective of such an institution is to validate performance claims of SEBI-registered intermediaries. Such validation will enable the entities to catapult their customer-base in the securities market....

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