Entries by Vinod Kothari

Disclosure of shareholders’ pacts: Jo wada kiya wo bataana padega

Scope of Clause 5A of Schedule III.A.A, r/w Reg 30A Vinod Kothari, Managing Partner | corplaw@vinodkothari.com The spate of new disclosure requirements introduced by Reg 30 of the Listing Regulations includes one of the most controversial pieces – disclosure of shareholders’ agreements which may impact or are designed to impact the management or control of […]

Responsibility by rod: MCA adjudication orders deal punches of penalty for CSR breaches

– Vinod Kothari | corplaw@vinodkothari.com If the intent of CSR provisions coded in the law was to promote socially responsible conduct on the part of companies, that lesson of responsibility is being taught the very hard, indiscriminately harsh way – by imposing penalties of 2X of the amount involved in CSR breaches, even if the […]

Vehicle financiers must follow SARFAESI process for repossession: Patna High Court

Ruling holds self-help repossession as a breach of the borrower’s fundamental rights of livelihood and dignity – Vinod Kothari, finserv@vinodkothari.com Repossession of vehicles (from two-wheelers to four-wheelers), in case of borrowers’ defaults, has been done almost entirely using common law process, on the strength of the provisions of the hypothecation agreement. The roughly Rs 500000 […]

A poem on the problem of climate change, environment and clean energy

किसी पेड़ ने उस पंछी को अब तक नहीं उड़ाया हैजिसने शाखें नहीं उजाड़ी केवल फल को खाया है चिड़ी चोंच भर ले जाती है नदी नीर क्या कम होता?प्यास बुझाकर प्यासे की कब कम होता जल का सोताशिशु को दूध पिला कर किस माता की घटती काया है? जब तक सीमाकरण न होगा पर्यावरण […]

Melt-down of Market-linked debentures, Debt mutual funds get fatal blow

No grandfathering for MLDs, prospectively, tax benefit for debt mutual funds goes away -Vinod Kothari and Aanchal Kaur Nagpal finserv@vinodkothari.com As expected, the Finance Bill, 2023 was passed on March 24, 2023 by Lok Sabha within minutes. With a huge amount of changes including several newly inserted provisions, the so-called amendments were actually a Bill […]

SVB Collapse: Focus on risk of MBS investing

-Vinod Kothari and Timothy Lopes finserv@vinodkothari.com It all started after Silicon Valley Bank (‘SVB’) announced its Q1’23 Mid quarter update[1], revealing that it intended to raise about USD 2.25 billion of capital owing to the fact that it had sold its USD 21 billion ‘Available for Sale’ (‘AFS’) securities portfolio, which consisted of US treasuries […]