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SEBI’s Stance on Financial Influencers: A Case of Executive Overreach or A Strategic Move?

August 17, 2023

[By Shyam Gandhi] The author is a student of National Law University, Jodhpur.   Introduction Recently, Securities and Exchange Board of India (“SEBI”), has stated that it will be framing rules and regulations regarding fin-influencers to protect the consumers. SEBI has emphasised on the potential dangers posed by influencers, particularly when individuals blindly adhere to their financial advice, promising substantial returns. Fin-influencers are individuals who have public social…

Decoding the Secondary Market: Continuation Funds

August 17, 2023

[By Sayali Dodal] The author is a student of Maharashtra National Law University Aurangabad.   Introduction Over the past few years, the Indian markets have witnessed a remarkable growth fuelled by ever evolving desire of General Partner (“GP”) and Limited Partners (“LP”) to take part in secondary transaction structures with an aim to deliver solutions to the challenge faced by investors which is lack of liquidity. These GP…

SEBI v. Abhijit Ranjan: A case of Judicial Overreach?

August 17, 2023

[By Siddharth Sharma] The author is a student of Institute of Law (Nirma University).   Introduction In the world of the securities market, insider trading is one of the most heard and frowned upon terms. The term insider trading in its simplest connotation implies the advantage churned out of some confidential information, where the information lies with the person due to the position or privilege he holds in…

Fairness and RoC’s Compliance: Natural Justice under Section 248.

August 10, 2023

[By Anaya Nandish Shah & Pulkit Rajmohan Agarwal] The authors are students of Gujarat National Law University.   INTRODUCTION The National Company Law Appellate Tribunal (“NCLAT”), New Delhi in the matter of M/s Sanmati Agrizone Private Limited v. Registrar of Companies & Anr., upheld the decision of National Company Law Tribunal (“NCLT”) and favoured the move of the Registrar of the Companies (“RoC”) in striking off the name…

The Rise of Finfluencers: Call for Responsible Regulations

August 10, 2023

[By Pritha Lahiri & Ria Agrawal] The authors are students of Institute of Law, Nirma and University Symbiosis Law School, Noida   PROLOGUE: WHO ARE FINFLUENCERS The audience on social media platforms is growing worldwide, resulting in a more varied group of people. To sustain such engagement, creating diverse content is crucial, ranging from entertaining dance videos to educational lectures and even valuable financial advice. Individuals who use…

Corporate Transparency Act, Its Loopholes and a Comparison With LODR

August 10, 2023

[By Shivesh Didwania] The author is a student of Maharashtra National Law University, Mumbai.   Introduction Corporate Transparency Act (hereinafter ‘CTA’) was brought forth by the Congress of the USA on 1 January, 2021. CTA is a part of the Anti-Money Laundering Act of 2020. Financial Crimes Enforcement Network of the Department of the Treasury (hereinafter ‘FinCEN’) finalized the guidelines for implementation of the CTA on 30 September,…

SEBI’s Spoofing Crackdown: Safeguarding Investor Trust in India’s Securities Market

August 10, 2023

[By Palash Varyani] The author is a student of Institute of Law, Nirma University.   Introduction Recently, the Securities and Exchange Board of India (SEBI) has made a significant breakthrough by explicitly addressing and defining the practice of “spoofing” in its recent order. Spoofing, a method employed by traders worldwide to extract illegitimate profit from the stock market, has been a longstanding concern. This article focuses on the…

Revisiting Put Options in Cross-Border M&A: Absence of Assured Returns a Critical Hindrance?

August 10, 2023

[Siddharth Sengupta & Tanay Dubey] The authors are students of National Law University Odisha.   Introduction Over the past decade, the Indian Government has implemented a range of measures to attract foreign direct investment (FDI) into the country, resulting in a notable upsurge in FDI inflows from $24 billion in 2012 to $49.3 billion in 2022. A key factor behind such a dramatic increase in FDI in the…

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