M S Sahoo

The IBC must not conflate business failure with malfeasance, or an unfortunate entrepreneur with a fraudulent one

The Securities Markets Code embeds legitimacy, proportionality, and accountability into market regulation. The first of a three-part series

Part two of a three-part series on the Securities Markets Code focuses on regulatory reform as it moves from discretion to institutional design

The concluding part of a three-part series on the Securities Markets Code turns the spotlight on MIIs, which are no longer operating on the margins of the state

Supreme Court's recent judgment continues a three-decade cycle of invalidations; a regulatory reset is overdue

Two recent developments heighten the constitutional and legislative rationale for bringing this protection into effect

Regulators operate as mini-states within their domains, simultaneously exercising quasi-legislative, executive, and quasi-judicial powers

Thirty years ago, an Act made physical securities disappear. Now it's time to extend it to all paperwork

Corporate rescues under IBC show that culture matters as much as capital-Air India's case reveals how hidden organisational baggage can shape rescue outcomes beyond financials

By sidestepping deeper structural issues and leaning on delegated legislation, it offers incremental fixes where the system needs a transformative overhaul

Without strong policy guardrails, markets alone can't drive the green transition

Public laws aim to keep the crime proceeds beyond the reach of criminals while punishing the criminals. Although these proceeds were never the state's property, state benefits from their confiscation

Court ordered the liquidation of BPS, which had been successfully rescued under the IBC in 2019 with the approval of relevant market participants and layers of state agencies

Regulators are increasingly asserting control over MD appointments by rejecting candidate panels submitted by regulated entities, curtailing proposed tenures, and altering remuneration structures

In a democracy, citizens hold the highest office, vested with significant rights and responsibilities

As deregulation gains momentum, here are nine points to consider when crafting governing regulations

Arbitration is an adversarial process. It relies on the parties to present facts and evidence before the arbitral tribunal for a decision

Regulators, through regulations, address market failures, prevent abuse of freedom, and protect the rights of market participants

A more effective solution would be to adopt the waterfall mechanism from the FSC framework, which prioritises the interests of customers over those of other claimants

Entrepreneurs, fearful of social judgement, often hesitate to seek help, allowing their struggles to fester until it is too late