M S Sahoo

Insolvency law must protect homebuyers, avoid complex resolution process

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

When will India celebrate failure? Insolvency key to small business growth

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

Balancing act: Managing conflicts in regulatory roles is key for Sebi

In the realm of market regulation, managing conflict is the key to effective governance

Smoke, fire and fog: Looking beyond the haze of Hindenburg allegations

Rather than being ensnared by the specifics of individual allegations, our focus should be on safeguarding Sebi's integrity as an institution

Governance by disguised legislation

The tyranny of circulars must end to ensure democratic legitimacy of laws and ease of doing business

A performance appraisal of IBC

Despite potential biases introduced by the Dosa approach in analysing its efficacy, the law appears successful in delivering on its key parameters

Streamlining the disciplinary process

There is a need for consistency in the adjudicating frameworks of Sebi and other market regulators to ensure fair financial market outcomes

Guaranteeing personal guarantees

Through its recent judgment the apex court has rescued the institution of surety

When the regulated become the regulator

Effectively involving the regulated entities in the rule-making process and crowd-sourcing ideas help create a better-governed market economy

Questioning priority: Govt dues in IBC

Courts must safeguard the basic structure of the Insolvency and Bankruptcy Code

The goose that laid the golden eggs

AT1 bonds have a cushion on both sides. They are affected only after either equity or debt has been impacted

Basis for penalty in competition law

The sanction for triggering market failure must be based on the entire turnover

A competition law that clicks for all

Different laws for rapidly changing technology-enabled markets are neither feasible nor warranted

Short selling and activism don't go together

Contrary to the rationale of short selling, third-party investigative reports from activist short sellers violate Sebi regulations

A 'waterfall' for insolvency resolution

Honouring secured contracts and mimicking the liquidation waterfall could promote a judicious system of distribution of proceeds and minimise disputes

Delays, even with no jurisdiction

Judicial overreach and appropriation of power are slowing the insolvency process

Gatekeepers of digital markets

Dominant digital markets as gatekeepers, a sort of front-line regulator, is a turning point in competition law enforcement

Rescuing companies before it is too late

The longevity of companies is in danger today. It is as much the responsibility of the State as of the stakeholders to prevent their premature death

Corporate insolvency: Rethinking irregular transactions

So far 786 applications have been filed to recover over Rs 2.2 trillion allegedly lost through irregular transactions. Retrieving this needs a law, policy and regulatory focus

An interim Sebi order must not be open-ended

Delayed justice is unfair to those who may ultimately be found not guilty, and also to those who may be found guilty