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Jayant Thakur

Chartered Accountant

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This ruling on powers of SFIO clears the air on its primacy

BUSINESS

This ruling on powers of SFIO clears the air on its primacy

The Delhi High Court ruled that once the Serious Fraud Investigation Office is assigned a case, no other authority can conduct a parallel investigation 

Proposed Competition Regulations: A lawyer’s dream but a nightmare for businesses?

BUSINESS

Proposed Competition Regulations: A lawyer’s dream but a nightmare for businesses?

Overly restrictive regulations can stifle economic activity and undo the good done by the economic reforms of the nineties

SEBI’s tough stance against market manipulators will benefit investors

BUSINESS

SEBI’s tough stance against market manipulators will benefit investors

Thorough investigations and stiff penalties can deter evils such as manipulation, insider trading and front-running, creating a safe haven for small investors

SEBI’s proposals to rein in finfluencers fall far short of the goal

BUSINESS

SEBI’s proposals to rein in finfluencers fall far short of the goal

Legal workarounds around the proposals in Sebi’s consultation paper can defeat the main purpose of protecting small investors

SEBI’s Brightcom order raises larger issues on regulation

BUSINESS

SEBI’s Brightcom order raises larger issues on regulation

While the order is an interim one, how frauds happen with regularity despite so many checks and balances is a puzzle. Cracking it is critical to shoring up investor confidence 

Delisting process may see new regulatory twists and turns

BUSINESS

Delisting process may see new regulatory twists and turns

A SEBI committee report has proposed some crucial changes such as in the bidding process, allowing competitive bids, and bids for illiquid stocks and holding companies

SEBI’s FAQs on investment advisors offer more clarity, but the bigger challenge remains

BUSINESS

SEBI’s FAQs on investment advisors offer more clarity, but the bigger challenge remains

A bold regulatory overhaul is required to ensure that the vital service of investment advisors is seen as a worthwhile profession

SEBI’s overhaul makes reporting of material events tighter, timely and detailed

BUSINESS

SEBI’s overhaul makes reporting of material events tighter, timely and detailed

While investors will benefit from the enhanced disclosures, the risk is that it could result in an information overload for them and a compliance nightmare for companies

The GST-PMLA linking controversy: Let's not miss the woods for the trees

BUSINESS

The GST-PMLA linking controversy: Let's not miss the woods for the trees

Those who cried wolf over PMLA’s net extending to GST have not only misread its intention, worse they may end up diverting attention from a long due reform of the anti-money laundering law

GST On Gaming: A tale of Shakuni Mama vs Yudhisthira

BUSINESS

GST On Gaming: A tale of Shakuni Mama vs Yudhisthira

GST on the gross amount is unfair but the industry has not provided one valid counter to the government’s argument that gaming is addictive. But, is that the only motive of the government?

Auditors are under fire from the NFRA

BUSINESS

Auditors are under fire from the NFRA

The accounting authority NFRA is passing a stream of orders against allegedly errant auditors, conducting swift investigations and passing detailed orders. But, there is a risk of overreach as well 

Six years of GST – achievements, setbacks and the way forward

BUSINESS

Six years of GST – achievements, setbacks and the way forward

GST’s introduction is a momentous occasion in India’s economic history. Here are some steps that can make the GST framework more robust and support growth

When do off-market transactions lose their kosher tag?

BUSINESS

When do off-market transactions lose their kosher tag?

Off-market transactions are permitted but come with strict requirements and as a recent Sebi case shows, non-compliance attracts severe penalties

Pump-And-Dump: Digital footprints help SEBI impound Rs 126 crore, but these are getting tougher to track

BUSINESS

Pump-And-Dump: Digital footprints help SEBI impound Rs 126 crore, but these are getting tougher to track

SEBI netted a 2019 pump-and-dump scheme and impounded illicit profits by unearthing the digital trail. But tech improvements are allowing scamsters to mask their actions. Should the law then change to place burden of proof on those suspected of benefiting from pump-and-dump, insider trading and front running? 

Are corporate frauds detected too late in India?

BUSINESS

Are corporate frauds detected too late in India?

There are adequate checks and balances in various laws to prevent corporate fraud. Still, a few individuals are able to run circles around regulators. What’s the solution?

SEBI introduces significant corporate governance amendments 

BUSINESS

SEBI introduces significant corporate governance amendments 

SEBI’s amendments to the LODR rules are far reaching and promote greater and quicker transparency of information and less discretion. In some areas, however, there has been an over-kill 

Investment advisers face risk of an untimely demise

BUSINESS

Investment advisers face risk of an untimely demise

Sebi’s intentions may be noble but are pushing investments advisers into a corner. While investor protection is needed, it can be done better

SEBI seeks to tether wild west of finfluencers

BUSINESS

SEBI seeks to tether wild west of finfluencers

The proposed regulation put the onus of proving innocence on the finfluencer rather than SEBI being asked to prove the guilt through connection between share price movement and advice of finfluencers

SEBI seeks to widen price-sensitive net for insider trading

BUSINESS

SEBI seeks to widen price-sensitive net for insider trading

A 2018 change to securities law meant companies could classify information as material but not price-sensitive. SEBI wants to plug that gap

Sebi’s proposal allowing smaller REITs opens one door but shuts another

BUSINESS

Sebi’s proposal allowing smaller REITs opens one door but shuts another

Smaller real estate investment trusts is a good idea for investors and the market, but less onerous compliance please needed. An elephant in the room needs to be addressed too

SEBI’s case for presuming guilt till proven innocent is a weak one

BUSINESS

SEBI’s case for presuming guilt till proven innocent is a weak one

Pinning down perpetrators in suspicious transactions may be a tough task, but that’s not excuse enough to promulgate a draconian law 

Personal Finance: ChatGPT and co will take quite a while to match financial advisors

BUSINESS

Personal Finance: ChatGPT and co will take quite a while to match financial advisors

Financial advisors and fininfluencers can breathe easy. ChatGPT isn’t about to steal their jobs. Generative AI tools make elementary errors in retirement fund calculations and come up with absurd numbers. AI will require more iterations to be able to work without human oversight, at least in personal finance

Fininfluencers: Reining them in takes some effort but SEBI has the long arm to crack the whip

BUSINESS

Fininfluencers: Reining them in takes some effort but SEBI has the long arm to crack the whip

Instead of more regulations/guidelines to rein in financial influencers, SEBI could well start applying many existing provisions that are time and court tested. And also narrow down the wide and gaping loophole in the regulations that give fininfluencers a free for all

Draconian PMLA extends reporting stranglehold to finance professionals

BUSINESS

Draconian PMLA extends reporting stranglehold to finance professionals

Chartered accountants, company secretaries and cost & works accountants are protesting at being included under the ambit of the money laundering law

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