Leniency Program under SEBI- Issues and Challenges
A leniency program is similar to the mechanism of Plea Bargaining whereby a person who gives information regarding any alleged violation of the law will be granted an immunity from being prosecuted for such offence or by reducing the quantum of penalty which would otherwise be imposed on such person. Under SEBI legal framework, there are certain criteria when such immunity can be granted and when it can not be granted. In this article, it will be analysed as to what is the program under SEBI, how it is implemented in US jurisdiction and the issues & challenges that will be faced in Indian scenario.
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Is Priority Rights not a Priority?
- By: Vijay Sekar
- Section 53
- May 6
- Comments (0)
In a recent ruling of NCLAT, it was observed that in the event the Secured Creditor holding priority charge elects to relinquish its security interest then the priority status of such secured creditor is lost and shall rank equally with other Secured Creditors. The Author attempts to capture the existing position and the need for protection of priority rights inter-se Secured Creditors.
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Prepacks for MSMEs
Download the presentation on Prepacks and watch the Video explaining the entire process of Prepacks as envisaged in the Ordinance.
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Submission and Updation of Claims during Liquidation – Is there a difference?
- By: Manoj Basniwal
- RP
- Apr 2
- Comments (0)
July 2019 amendment to the Liquidation Regulations introduced the concept of updating of claims already filed during CIRP. The Article analyses this amendment to understand the difference between submission and updation of claims.
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Pre-packs & 29A
- By: Prakul Thadi
- prepacks
- Feb 28
- Comments (0)
The Sub-Committee of ILC recommended retention of Sec. 29A for Pre-packs. The article recommends two key amendments, in light of this.
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MCA Notification on minimum default of INR 1 Crore applies prospectively, clarifies NCLAT
- By: Ali Khan Mohd.
- NCLT
- Oct 15
- Comments (0)
The Hon’ble NCLAT clarified that the notification of MCA increasing the minimum amount of default to INR 1 Crore shall be applicable prospectively.
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Smart Contracts – The Future?
- By: Sharath Chandra
- smart contracts
- Sep 17
- Comments (0)
While still being in an infancy stage, the Smart Contracts show a lot of promise in their future applications and uses. Through this Article, the Author explains as to how the smart contracts can make way for execution of key contracts by businesses in the future.
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Does creation of Pledge of shares by CD constitute debt under IBC?
- By: Pallavi Aggarwal
- pledge
- Sep 7
- Comments (0)
In the matter of Amtek Auto Ltd, the NCLT and NCLAT analysed the position of law with respect to creation of pledge vis-a-vis debt under IBC
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Madras HC: IBBI is empowered to levy fee as a % of Annual Remuneration drawn as an IP
- By: Prakul Thadi
- Regulations
- Aug 18
- Comments (0)
The power of the Insolvency And Bankruptcy Board Of India (the “IBBI”) to levy fee of 0.25% of the professional fee earned for services rendered as an IP in the preceding financial year and also 0.25% of the turnover of an IPE in the preceding financial year and the regulations thereof were challenged before the Hon’ble High Court of Judicature at Madras.
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When there’s no wisdom, how come “Commercial Wisdom”?
- By: Prakul Thadi
- Ushdev international
- Aug 11
- Comments (0)
An interesting case where the Adjudicating Authority made critical comments on the so-called Commercial Wisdom of the Committee of Creditors. It emphasised that the CoC has not at all applied its mind and that there was no element of wisdom displayed, leave alone the ‘commercial wisdom’…
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