Entries by Staff

ESOPs as part of managerial remuneration

–  Whether, when and how much? Team Corplaw, Vinod Kothari & Company (corplaw@vinodkothari.com) Introduction Regulation of remuneration to managerial personnel (viz., directors, managing director, manager) (“managerial remuneration”) is an important aspect of corporate governance. Sections 197 of the Companies Act, 2013 (“Act”) read with Schedule V impose limits on managerial remuneration. Additionally, Section 197 (12) read […]

Enhanced Corporate Governance and Compliance Function for larger NBFCs

– Anita Baid, Vice President | finserv@vinodkothari.com RBI has been concerned with the adverse regulatory arbitrage posing systemic risk in the NBFC sector. In order to align the regulatory provisions with the objective of preserving financial stability and reducing systemic risks, a scale based regulatory framework has been introduced which is to be effective from […]

Life of shareholders’ approval for material related party transactions

Making sense of SEBI’s 8th April clarification Vinod Kothari & Vinita Nair | corplaw@vinodkothari.com It has been 5 months since notification of SEBI (Listing Obligations and Disclosure Requirements) (Sixth Amendment) Regulations, 2021 making major recast of the regulatory processes on related party transactions;  the 8000 odd corporates consisting of the bulk of India’s financial as […]

SEBI Issues operational guidelines for security and covenant monitoring using DLT

–  Covering obligations applicable to issuer only Burhanuddin Dohadwala, Senior Manager & Kaushal Shah, Executive | corplaw@vinodkothari.com Introduction: Securities and Exchange Board of India (‘SEBI’) vide its circulars had outlined the following: Sr. No Date of the Circulars Particulars 1 SEBI Circular dated November 03, 2020 Process of independent due diligence by debenture trustees on assets […]

Security Token Offerings & their Application to Structured Finance

Moving to DeFi – Subhojit Shome, Executive | subhojit@vinodkothari.com Introduction As per a Forbes article[1] published in early 2021, DeFi and Security Token Offerings (STO) had scaled new heights with 2020 being “a banner year for capital formation and secondary trading” using security tokens. DeFi applications were reported to be prevalent across 15 countries around […]