The year 2024 saw 105 public takeovers implemented through the tender offer route under the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (Takeover Regulations). The number of takeovers were 24% higher than the number of takeovers in CY23 (85 in all). The aggregate transaction size (i.e. the aggregate size of the underlying negotiated deal and tender offer) of the takeovers announced in CY24 was INR 705.89 billion, i.e. 158% higher than that of the takeovers announced in CY23 (i.e. INR 274.27 billion). Primarily, the deal activity in CY24 was driven by domestic strategic acquirers. Foreigners executed 11 deals in this space, which was substantially higher than in CY23 (being 3).Continue Reading Public Takeovers in India: Flashback 2024
SEBI’s Proposed New Amendments on Usage of AI Tools by Regulated Entities
Introduction:
The rapid development and deployment of Artificial Intelligence (“AI”) and Machine Learning (“ML”) tools by market participants over the course of the past year prompted the Securities and Exchange Board of India (“SEBI”) to issue, on November 13, 2024, a consultation paper on “Proposed amendments with respect to assigning responsibility for the use of Artificial Intelligence Tools by Market Infrastructure Institutions, Registered Intermediaries and other persons regulated by SEBI” (“Draft Amendments”), seeking public suggestions on a series of amendments to the extant regulations.Continue Reading SEBI’s Proposed New Amendments on Usage of AI Tools by Regulated Entities
SEBI Prescribes Due Diligence Norms for AIFs to Curb Regulatory Circumvention
Introduction
A new set of regulations has been implemented for Alternative Investment Funds (“AIFs”) to exercise “specific due diligence”,[1] with respect to their investors. The aim is to prevent investors from circumventing the extant norms administered by the financial sector regulators. These include:Continue Reading SEBI Prescribes Due Diligence Norms for AIFs to Curb Regulatory Circumvention
FVCI Regulations 2.0 Notified : DDPs Provided Regulatory Oversight on FVCIs including Clearing of Applications
Background
The Securities and Exchange Board of India (“SEBI”), vide the SEBI (Foreign Venture Capital Investors) (Amendment) Regulations, 2024 (“Amendment”), has introduced numerous amendments to the SEBI (Foreign Venture Capital Investors) Regulations, 2000 (“FVCI Regulations”), which will be effective January 01, 2025 onwards.Continue Reading FVCI Regulations 2.0 Notified : DDPs Provided Regulatory Oversight on FVCIs including Clearing of Applications
New Delisting Regime: Key Highlights
The Securities and Exchange Board of India (“SEBI”) has amended the SEBI (Delisting of Equity Shares) Regulations, 2021 (“Amendment”). The new regime introduces fixed price delisting as an option for take-private transactions. In addition to the reverse book building (“RBB”) route, existing promoters can now use this new route, depending on the viability based on case specific nuances to take their listed entity off the exchange. The key parameters are summarised below:Continue Reading New Delisting Regime: Key Highlights
SEBI’s Hammer and the RPT Nail: Navigating SEBI’s Principles-Based Oversight of Related Party Transactions
Related party transactions (“RPTs”)[1] potentially represent an inherent conflict of interest between the interests of listed entities on the one hand and ‘related parties’ on the other. Since Indian listed entities are significantly promoter driven or closely held, SEBI has been constantly reforming the regulatory framework governing RPTs to mitigate the possibility of abuse.Continue Reading SEBI’s Hammer and the RPT Nail: Navigating SEBI’s Principles-Based Oversight of Related Party Transactions
From Likes to Licenses: Regulating Finfluencers Amidst Stricter Norms
A distinct subset of social media influencers called “finfluencers” (short for “financial influencers”) has emerged in the recent past. According to the Advertising Standards Council of India (“ASCI”), “finfluencers” are individuals who disseminate information and advice on various financial topics, ranging from securities investment to personal finance and insurance, via social and digital media platforms.Continue Reading From Likes to Licenses: Regulating Finfluencers Amidst Stricter Norms
Regulatory framework governing employee benefits by equity listed companies
This post analyses the scope of the regulatory framework governing employee benefits by equity listed companies in India and the applicability of the SEBI (Share-Based Employee Benefits and Sweat Equity) Regulations, 2021, to employee welfare trusts set up by promoters and share-linked but purely cash-based employee benefits.Continue Reading Regulatory framework governing employee benefits by equity listed companies
Revamping the Investment Advisers and Research Analysts Frameworks – the SEBI Way
Introduction
Pursuant to the recommendations of the Ministry of Finance, the Securities and Exchange Board of India (“SEBI”) constituted several groups to recommend simplification of various regulations specified by it and invited suggestions from market participants[1]. Post deliberations on the suggestions received, the Working Group for review of compliance requirements for Investment Advisers (“IAs”) and Research Analysts (“RAs”) submitted its recommendations to SEBI’s Intermediaries Advisory Committee (“IAC”). SEBI has now released a consultation paper dated August 6, 2024, on ‘Review of Regulatory Framework for Investment Advisers and Research Analysts’ (“Consultation Paper”)[2] incorporating the recommendations proposed by IAC.Continue Reading Revamping the Investment Advisers and Research Analysts Frameworks – the SEBI Way
FIG Paper (No. 37 – Series 1) | SEBI Proposes to Introduce ‘New Asset Class’
Background and Key Features:
- The Securities and Exchange Board of India (“SEBI”) regulates the asset management and wealth management sector through a graded approach in relation to prudential, governance and investment norms, with flexibility given progressively, basis minimum investment threshold. This sector has also seen a significant rise in assets under management (“AUM”) over the last decade:
Continue Reading FIG Paper (No. 37 – Series 1) | SEBI Proposes to Introduce ‘New Asset Class’