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Analysis Of The Securities And Exchange Board Of India (Prohibition Of Insider Trading) Regulations, 2015
LawZ Magazine
|May 2018
Analysis Of The Securities And Exchange Board Of India (Prohibition Of Insider Trading) Regulations, 2015
The Securities and Exchange Board of India (SEBI) protects the interests of investors and ensures orderly development of the securities market. Insider trading is a malpractice of trading in securities when in possession of non public or confidential information which results in the detriment of common investors. SEBI (Prohibition of Insider Trading) Regulations, 1992 provides a regulatory framework for prevention of Insider Trading in India. However, the provisions of 1992 Regulations seem inadequate to address the changing dynamics of the market due to changing economic structure of the country and also growing global influence over the companies. Thus, the 1992 Regulations would be replaced by SEBI (Prohibition on Insider Trading) Regulations, 2015 which establishes a legal framework that conforms to global practices.
Introduction
After two decades, Securities Exchange Board of India (hereinafter as ‘SEBI’), on January 15 ,2015 notified the SEBI (Prohibition of Insider Trading) Regulations, 2015 (hereinafter as “New Regulations”) which will replace the SEBI (Prohibition of Insider Trading) Regulation, 1992 (hereinafter as 1992 Regulations). The New Regulations have been enforced on May 15, 2015 repealing the 1992 Regulations. Based on the recommendations of the N.K. Sodhi Committee Report, the New Regulations aim to fill the inadequacies of the 1992 Regulations, consolidate the changes brought about by various amendments, circulars and notifications, and overhaul the insider trading norms to meet the changing needs and to bring them to global standards.
PROHIBITION ON COMMUNICATION, PROCUREMENT AND TRADING OF UPSI
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