Relaxations in Insider Trading

25 Nov 2023

Context:

  • Recently, the Securities and Exchange Board of India (SEBI) proposed relaxations to enable company insiders to trade in securities, who are in possession of unpublished price-sensitive information.

SEBI Proposes Easing Trading Plans for Company Insiders

Facilitating Adoption of Trading Plans: It recommended reducing the minimum cooling-off period between the disclosure and implementation of the trading plan from six months to four months.

Trading Plan Framework:

  • It refers to predetermined trading initiatives that an insider can formulate to trade legally. 
  • Sebi prohibits insider trading but allows senior management personnel to trade in the shares of their companies under the trading plan framework, introduced in 2015. 
  • While formulating a trading plan, the insider has to plan for at least 18 months consisting of:
    • Mandatory 6 month cool-off period. 
    • A minimum coverage period of 12 months before the execution of trades.
  • However, trading plans are not very popular as the regulatory requirements are difficult.
  • Doing Away with the Blackout Period:  A blackout period is a time when certain people are prevented from buying or selling shares in their company. 
  • Reducing the Minimum Coverage Period: SEBI has proposed reducing the minimum coverage period requirement to two months from twelve months.
  • Personal Details Disclosure: The insider should make separate filings for the stock exchange (with personal details) and for the public (without personal details).
  • Other Recommendations: 
    • Increase flexibility during trading plan formulation. 
    • Include disclosure of the trading plans to stock exchanges to be done in two days from the date of approval.
    • Applicability of contra-trade provisions on trades executed under the trading plan

What is Insider Trading?

  • Insider Trading: It involves trading in a public company’s stock or other securities by someone with non-public, material information about the company. 
  • Insider: She/He is a person who is a part of the company whose stocks they are trading. 
    • They may or may not possess confidential non-public knowledge regarding the firm.
  • Non-Public Material Information: An information that could substantially impact an investor’s decision to buy or sell a security that has not been made available to the public.
  • Preventing Insider Trading: To promote fair trading, SEBI has prohibited the firms to purchase their own shares from the secondary market.

News Source: Indian Express

 

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