September 2013

Spot Delivery Contracts and Applicability of the Securities Contracts Regulation Act, 1956 to Public Unlisted Companies

Courts have been divided in their views on the applicability of the Securities Contract (Regulations) Act, 1956 to transactions involving shares of unlisted public companies. Two significant issues relating to this were decided by the Supreme Court of India recently, and the ruling could have a significantly adverse result on commercial contracts of share purchases….

Foreign Portfolio Investors (FPIs) under the Chandrashekhar Committee Report

In an attempt to further simplify the foreign investment regulatory regime in India, the K B Chandrasekhar Committee has, inter alia, suggested the clubbing of Foreign Institutional Investors (FIIs), subaccounts and Qualified Financial Investors (QFIs) into a single investor class called “Foreign Portfolio Investors” (FPIs). The Non-Resident Indian (NRI) and the Foreign Venture Capital Investor…

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