Millennium Post

Sebi unveils stringent norms to prevent insider trading

Apart from clarity on concepts and definitions, the new regulations strengthen legal and enforcement framework while also ensuring that legitimate business transactions are not impacted. ‘The new regulations strengthen the legal and enforcement framework, align Indian regime with international practices, provide clarity with respect to the definitions and concepts, and facilitate legitimate business transactions,’ Sebi said in a statement after the board meeting.

Sebi has expanded the definition of 'insider' to include persons connected on the basis of being in any contractual, fiduciary or employment relationship that allows such people access to unpublished price sensitive information (UPSI). Under the new framework, Sebi has defined a connected person in the context of insider trading activities. A connected person would be someone who is or has during the past six months prior to the concerned act has been associated with a company, directly or indirectly.

Besides, immediate relatives of connected persons would also come under the same category unless they prove that they were not privy to unpublished price sensitive information.

The onus of establishing that they were not in possession of UPSI would be with the connected persons. The regulator has decided to remove the requirement for repeated disclosures and ease compliance burden.

‘Disclosure of any change of 2 per cent for persons holding more than five per cent shares or voting rights has been removed as they are prescribed under Takeover Code,’ the statement added. To protect the interest of investors, companies would be now mandatorily be required to disclose UPSI at least two days prior to trading in case of permitted communication of such information.

Besides, communication of such information is prohibited except in instances of legitimate purposes or discharge of legal obligations.

Sebi has come across various instances of insider trading activities not just at small companies but also at larger ones. The definition of UPSI has been strengthened by ‘providing a test to identify price sensitive information, aligning it with listing agreement and providing platform of disclosure’.
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