SEBI Regulations

SEBI’s efforts to curtail front running: Increasing onus on Asset Management Companies

The Securities and Exchange Board of India (“SEBI”) in its 205th board meeting[1] held on April 30, 2024, has approved amendments to the SEBI (Mutual Funds) Regulations, 1996 (“MF Regulations”), to enhance the existing regulatory framework for Asset Management Companies (“AMCs”) for facilitating identification and deterrence of potential market abuse, including front running[2]. As part of the said decision, detailed in its press release dated April 30, 2024, AMCs would be required to put in place an appropriate institutional mechanism, consisting of enhanced surveillance systems, internal control procedures and escalation processes to identify, monitor and address various types of misconduct. Additionally, SEBI’s Board has approved amendments in the relevant regulations to enhance responsibility and accountability of the management of AMCs for the said institutional mechanism and also for AMCs to put in place a whistle-blower mechanism.Continue Reading SEBI’s efforts to curtail front running: Increasing onus on Asset Management Companies

Background

  • SEBI recently notified the SEBI (Alternative Dispute Resolution Mechanism) (Amendment) Regulations, 2023, and issued a Master Circular for Online Resolution of Disputes in the Indian Securities Market (‘ODR Master Circular’), extending the conciliation and arbitration mechanism administered by Market Infrastructure Intermediaries (‘MII’) to all specified intermediaries/ regulated entities. Prior to this, MII’s dispute resolution mechanism only covered stock-brokers, depository participants, listed companies and registrars and transfer agents. Investors embroiled in disputes with any other intermediary did not have recourse to this mechanism, but the ODR Master Circular extends it to other intermediaries to streamline the dispute resolution process. Further, the erstwhile system was largely physical, with some online adaptations brought about during the COVID-19 pandemic. As a progressive measure and in line with the recommendations of the committee constituted by the Niti Aayog under Justice Sikri, the dispute resolution process will now be online.

Continue Reading Resolving Securities Disputes in the Digital Age: A Primer on SEBI’s Master Circular for Online Resolution of Disputes in the Indian Securities Market