๐ฅ๐ฒ๐๐ต๐ถ๐ป๐ธ๐ถ๐ป๐ด ๐๐ผ๐ป๐๐ฒ๐ป๐ ๐ฆ๐ฒ๐๐๐น๐ฒ๐บ๐ฒ๐ป๐๐: ๐ง๐ผ๐๐ฎ๐ฟ๐ฑ๐ ๐ฎ ๐๐ฎ๐ถ๐ฟ, ๐ง๐ฟ๐ฎ๐ป๐๐ฝ๐ฎ๐ฟ๐ฒ๐ป๐, ๐ฎ๐ป๐ฑ ๐๐๐ถ๐ฑ๐ฒ๐ป๐ฐ๐ฒ-๐๐ฎ๐๐ฒ๐ฑ ๐ฆ๐๐๐ ๐ฅ๐ฒ๐ด๐ถ๐บ๐ฒ
The Chartered Secretary, Vol. 56 (January 2026) features an article titled โReimagining SEBIโs Consent Settlement Frameworkโ, co-authored by Mr. Sumit Agrawal, Founder, Regstreet Law Advisors and former Securities and Exchange Board of India (SEBI) official, and CS (Dr.) M. S. Sahoo, Former Chairperson, Insolvency & Bankruptcy Board of India (IBBI) and Former Secretary, The Institute of Company Secretaries of India.
The article traces the journey of SEBIโs consent settlement framework from its introduction in 2007 as an administrative innovation to its emergence as a central pillar of securities enforcement. Situating Indiaโs experience within the broader global shift towards negotiated enforcement, the article examines how consent settlements have evolved as a tool to balance regulatory efficiency with deterrence and market integrity.
Drawing on nearly two decades of empirical data and regulatory experience, the article critically analyses the current formula-driven approach to settlement terms, highlighting structural challenges relating to proportionality, transparency, predictability and timelines. It highlights how these concerns undermine trust in the settlement system and weaken its effectiveness as an enforcement tool.
The article concludes by proposing a set of forward-looking reforms aimed at creating a more evidence-based, principled, and transparent settlement regime, envisioned as a โSettlement Regulations 2.0โ which align enforcement efficiency with fairness, deterrence, and investor protection.
The full article can be read here: https://lnkd.in/dpZ-RKWn
Readers can share their views at info@regstreetlaw.com.
