Entries by Vinod Kothari

Choppy landing for soft lending: Regulatory concerns on quality of lending

– Vinod Kothari, finserv@vinodkothari.com Some of the RBI’s recent stringent actions, with stop-business directions, raise an alarm amongst financial sector entities. Are these concerns limited to a particular type of lending, or can they lead to any general observations on the quality of lending? One shouldn’t be tunnel-visioned and believe that these regulatory objections are […]

AIFs ail SEBI: Cannot be used for regulatory breach

Vinod Kothari | corplaw@vinodkothari.com The alternative investment management industry in India works in the form alternative investment funds (AIFs), a SEBI-regulated vehicle. Most of the PE, VC funds, and hedge funds in India work in this mode. AIFs have recently been at the receiving end of regulatory flak. RBI had expressed concerns on use of […]

Sustainability linked derivatives: An instrument with a potential

– Vinod Kothari, vinod@vinodkothari.com Sustainability-linked loans and bonds have been surging globally. While there has been a dip in the recent periods (Q3 and Q4 of 2023) owing to tightening of regulatory conditions, the global volumes of sustainability-linked loans stood at around $ 400 billion[1]. However, there is another instrument – a derivative, which also […]

Group Insolvency: Relevance of Substantive Consolidation in Indian Context

– Vinod Kothari and Sikha Bansal[1] | resolution@vinodkothari.com Introduction Insolvency law has always to be aligned to economic realities; when it comes to solving the problem of corporate insolvencies, an economy cannot disregard the prevalent corporate structures. The design which corporates adopt to conduct business must, in fact, be one of the most critical factors […]

Digital deceptive practices: Dark Patterns get blacked out

– Vinod Kothari, finserv@vinodkothari.com Central Consumer Protection Authority (“CCPA”), issued the Guidelines for Prevention and Regulation of Dark Patterns, 2023 (“Guidelines”) on November 30, 2023 to prohibit any person or platform from engaging in the dark pattern practices. Dark Patterns Explained The term “dark patterns” was first coined by Harry Brignull a long time back […]

NBFCs: Learning to adjust with the new reality

– Vinod Kothari | vinod@vinodkothari.com The increase of risk weights for consumer lending by the RBI, coupled with increase in risk weights for lending to NBFCs, has affected capital adequacy of several regulated financial entities, particularly NBFCs focused on consumer lending. It has also created a situation of risk aversion. While the full rigour of […]