Category: Securities

Public Policy, Securities

PMLA: Turning safeguards on their Heads

In this post, the author has talked about the ever-prevailing issue of money laundering through the lens of the PMLA (Prevention of Money Laundering Act, 1992) by analysing the judgement given by the apex court in the case of Vijay Madanlal Chaudhary v Union of India and the court’s recent acceptance of a plea to review its judgement upholding the validity of these provisions that have been claimed to violate fundamental rights and liberties. Continue reading PMLA: Turning safeguards on their Heads

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Finance & Banking, Information Technology, Posts, Public Policy, Securities, Tax

Cryptocurrency in India: To ban or not to ban

By: Aman Kumar Yadav Introduction Cryptocurrencies are digital representations of value that can be stored and transferred digitally. Simply put, it is a type of digital currency or a medium of exchange just like the US dollar. They function autonomously, unencumbered by traditional banking and government oversight. Countries have repeatedly attempted to implement measures to regulate Cryptocurrency or ban it altogether. This article analyzes India’s … Continue reading Cryptocurrency in India: To ban or not to ban

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Posts, Securities

Interpreting Regulation 23(1)(c) of the Takeover Code: Applicability of the Principle of Impossibility

In this post, the author points out the conundrum regarding the application of the principle of “impossibility to perform an open offer” in Regulation 23(1)(c) of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulation, 2011 as a requirement to grant a withdrawal of the takeover offer. The author further tries to strike a balance between the narrow and the wide interpretation of the Regulation. Continue reading Interpreting Regulation 23(1)(c) of the Takeover Code: Applicability of the Principle of Impossibility

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Posts, Securities

Decoding the Amendment to the Indian Stamp Act, 1899

In the latest post, Aastha Agarwalla attempts to analyse the latest amendments to the Indian Stamp Act, 1899, by outlining their objectives, predicts the possible outcomes of the change in the stamp duty regime and concludes by appreciating the amendments in the light of a sluggish economy. Continue reading Decoding the Amendment to the Indian Stamp Act, 1899

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Posts, Securities

The Power of the Securities and Exchange Board of India to Remove a Director

In this post, Saket Agarwal discusses the need of the Securities and Exchange Board of India to attain the power of removing a director, which essentially rests under the provisions of the Companies Act, 2013. He further elaborates upon the clash of powers between SEBI and NCLT, and how this shall create adverse effects for the investors and shareholders at large. Continue reading The Power of the Securities and Exchange Board of India to Remove a Director

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Constitutional Law, Posts, Securities

Whatsapp Leak Case: A Struggle Between Right & Duty

By: Chitresh Baheti INTRODUCTION Reuters, on 16th November 2017, reported that the quarterly results of 12 giant MNCs[1] were being circulated on WhatsApp groups even before they were declared. This information was being circulated under the title ‘HOS: Heard on Street’.[2] This prompted the Indian security regulator board, SEBI, to carry forward investigations which came to be known as the WhatsApp Leak case.[3] SEBI conducted … Continue reading Whatsapp Leak Case: A Struggle Between Right & Duty

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