recognize that cases against corporate executives are among some of the most difficult that the department brings, and that means the government may lose some of those cases. But I have and will continue to make clear to our prosecutors that, as long as we act consistent with the Principles of Federal Prosecution, the fear of losing should not deter them. As set forth in the Justice Manual, a prosecutor should commence a case if he or she believes that a putative defendant’s conduct constitutes a federal offense, and that the admissible evidence will probably be sufficient to obtain and sustain a conviction. So long as those principles are followed, we will urge prosecutors to be bold in holding accountable those who commit criminal conduct.
securities
The International Organization of Securities Commissions (IOSCO) is an international organisation that brings together the world’s securities regulators and is recognized as the global standard setter for the securities sector. IOSCO develops, implements and promotes adherence to internationally recognized standards for securities regulation. It works intensively with the G20 and the Financial Stability Board (FSB) on the global regulatory reform […]
SECURITIES CONTRACTS (REGULATION) ACT, 1956 [As amended by the Finance Act, 2017] [42 OF 1956] SECTIONS PRELIMINARY 1. Short title, extent and commencement 2. Definitions RECOGNISED STOCK EXCHANGES 3. Application for recognition of stock exchanges 4. Grant of recognition to stock exchanges. 4A. Corporatisation and demutualisation of stock exchanges 4B. Procedure for corporatisation and demutualisation 5. Withdrawal of recognition 6. […]
(27 OF 1992) [18th August, 1992] An Act to provide for the establishment of a Special Court for the trial of offences relating to transactions in securities and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Forty-third Year of the Republic of India as follows:— 1. Short title and commencement .—(1) This Act may […]
![The Laws and Rules of Securities Industry United States[SEC]](https://advocatetanmoy.com/wp-content/uploads/2018/02/american-law.jpg)
What is security:-
The term ‘‘security’’ means any note, stock, treasury stock, security future, security-based swap, bond, debenture, evidence of indebtedness, certificate of interest or participation
in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of deposit for a security, fractional undivided interest in oil, gas, or other mineral rights, any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency, or, in general, any interest or instrument commonly known as a ‘‘security’’, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing.
American jurisprudence which has developed around Title 17, Code of Federal Regulations, Part 240, Rule 10b-5 (Prohibition of use of manipulative or deceptive devices or contrivances with respect to certain securities exempted from registration). It is to be noted that much of Indian securities laws have similar provisions.[ SECURITIES AND EXCHANGE BOARD OF INDIA Versus SHRI KANAIYALAL BALDEVBHAI PATEL SEPTEMBER 20, 2017] Market […]
LAW LIBRARY Securities Appellate Tribunal is a statutory body established under the provisions of Section 15K of the Securities and Exchange Board of India Act, 1992 to hear and dispose of appeals against orders passed by the Securities and Exchange Board of India. Rules Depositories (appeal to SAT) Rules 2000 Depositories (appeal to Securities Appellate tribunal) (Amendment) Rules 2000 Securities […]
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