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Mr. Ravi Prakash further carefully evaluated the implications of the SCN recently issued by SEBI to Hindenburg and its associated companies by examining the basis of SEBI’s course of action both in case of national and international jurisdiction –  📌 In the Hindenburg case, SEBI has issued a Show-Cause Notice for alleged violations with regards to market manipulation stemming from the Hindenburg’s analysis report on the Adani Stocks, underscoring its commitment to market integrity. However, enforcing actions against a foreign entity involves complexities requiring cooperation with international regulators like the SEC. This creates a grey area dependent on cross-border collaboration. SEBI might pioneer new protocols for global regulatory enforcement and advocate for an international regulatory consortium to address globalized securities market challenges. 📜 SEBI's measures under the series of Section 11 may span across barring Hindenburg and its affiliates (directly and indirectly) from the Indian securities market for a definite period and, if unlawful gains are identified, directing disgorgement. Additionally, under Section 15HA, penalties can range from five lakh rupees to twenty-five crore rupees or three times the profits made, whichever is higher. Under Section 15HB, penalties can range from one lakh rupees to one crore rupees. This SCN demonstrates SEBI's commitment to maintaining market integrity and safeguarding investor interests. 🌐 In order to enhance extraterritorial capabilities, SEBI must explore bilateral agreements, legislative amendments, and leveraging technology for better surveillance and effective enforcement. SEBI aims to ensure a fair and transparent market for all stakeholders by proposing a collaborative approach through the International Organisation of Securities Commission (IOSCO). #SEBI #SecuritiesRegulation #GlobalEnforcement #InvestorProtection #MarketIntegrity #HindenburgResearch #InvestorProtection #CrossBorderCollaboration #IOSCO #TheHinduBusinessLine #CorporateProfessionals

  • Business Line | Corporate Professionals
CS Shivam Singhal

Senior Associate at Corporate Professionals

6d

Congrats Ravi

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