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10/02/2022 - Economy

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February 10, 2022

Discuss the various impacts related to SEBI’s recently approved key changes with respect to related party transactions. (200 Words)

Refer - Financial Express

Enrich the answer from other sources, if the question demands.

3 comments
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IAS Parliament 3 years

KEY POINTS

·        Related party transactions (RPTs) often are the route taken by Indian companies for easy access to capital, managing contract delays, mitigating supply constraints, curtailing costs, etc.

·        Research by TARI shows over 51% of the financial fraud between 2012 to 2018—investigated by regulators and resulting in indictment—have used RPTs as the favoured mechanism.

·        A key change is including “promoter” within the definition of a related party, and including any person/entity holding equity shares either directly or on a beneficial interest basis, amounting to 20% or more with effect from April this year, and 10% or more from April 2023.

·        Another key change is revising the materiality threshold for obtaining shareholder approval to cover transactions that exceed Rs 1,000 crore or 10% of the annual consolidated turnover, whichever is lower.

·        Accordingly, large transactions, even in the ordinary course of business, can be undertaken only pursuant to shareholders’ approval.

·        Unlike the Companies Act, 2013, SEBI has not chosen to provide any exemption to transactions done in the ordinary course of business and on an arm’s length basis.

·        SEBI’s recent amendments hold the risk of a policy overkill and could adversely impact the business climate in India.

 

Shivaani Jayaraman 3 years

Please Review

IAS Parliament 3 years

Good attempt. Keep Writing.

Ajmi B 3 years

Please review????

IAS Parliament 3 years

Key changes not required, focus more on impacts andbring coherence in the answer. Keep Writing

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