Minimum Public Shareholding Norms in India – Is it Time for Change?

On July 5, 2019, the Indian finance minister, in her debut budget speech, announced a few big-bang proposals. One such proposal was for capital market regulator Securities and Exchange Board of India (“SEBI”), to consider increasing minimum public shareholding requirement in listed companies from the current threshold of 25% to 35%.

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Competition Commission of India Notifies Amendments to the Combination Regulations, 2011

On August 13, 2019, pursuant to Gazette Notification F.No. CCI/CD/Amend/Comb. Regl./2019, the Competition Commission of India (“CCI”) notified certain amendments to the Competition Commission of India (Procedure in Regard to the Transaction of Business Relating to Combinations) Regulations, 2011 (the “Combination Regulations”). The amended Combination Regulations came into effect on 15 August 2019.

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Watching the Watchmen: Evolving Role of Auditors

The roles of various gatekeepers of corporate governance, such as auditors, independent directors and credit rating agencies, has increasingly come under scrutiny as a response to the various financial scandals that shook corporate India – from Satyam to IL&FS, and more recently, in the case of the auditor resigning from Reliance Capital.

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Empowering Shareholders on Executive Compensation

Recent shareholder activism and regulatory action have focused attention on the issue of executive compensation in India. The Companies Act, 2013 (act), restricts the total managerial remuneration payable by a public company to its directors and managers in a financial year to no more than 11% of its net profits for that financial year.

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Information Sharing Under SEBI’s Insider Trading Rules

The Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015 (PITR), prohibits communication of unpublished price sensitive information (UPSI) to any person except where it is in furtherance of legitimate purposes, performance of duties or discharge of legal obligations.

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