Conflict of Interest in Focus: SEBI Forms Panel To Review 2008 Provisions
Moneylife Digital Team 24 March 2025
Securities and Exchange Board of India (SEBI) has decided to set up a high-level committee to review the 2008 provisions related to conflict of interest and disclosures related to property, investment and liabilities for members and officials of the SEBI board. The SEBI board also approved a proposal to increase the threshold for foreign portfolio investors' (FPI) disclosure to Rs50,000 crore from Rs25,000 crore. While allowing research analysts (RAs) and investment advisers (IAs) to charge advance fees from clients for up to one year, the board decided to defer the proposal and amendments to SEBI merchant bankers regulation.
 
Tuhin Kanta Pandey, chairman of SEBI, says the high-level committee will comprise eminent persons and experts with experience in constitutional, statutory and regulatory bodies from the government, public sector, private sector and academia. 
 
The committee will submit its report within three months from the date of the constitution of the committee.
 
Interestingly, earlier this month, at the Moneycontrol Global Wealth Summit 2025, Mr Pandey spoke about the transparency and conflict of interest of the board. He said, "Enhanced transparency in regulatory action, corporate reporting, and market operations will further strengthen the trust of both domestic and global investors in India's financial markets. And I think the trust and transparency extends to SEBI itself. We need to not only create trust of all stakeholders in us, but we also need to maintain that trust. And to that extent, I think we need to be more transparent including on various other measures, including, for example, on the conflict of interest of the board and so on. And we will be coming forward with our own plan to further transparently reveal these conflicts of interest to the public."
 
However, Mr Pandey's speech uploaded on the SEBI website did not have any reference to it nor does it even mention 'conflict of interest'. 
 
Here is what is uploaded on the SEBI website:  
"Trust and transparency are crucial not only for regulated entities but also for the functioning of SEBI as well. A transparent and accountable regulatory framework fosters confidence and clarity in the market. Going ahead, we will endeavour to bring more transparency in the system including board disclosures."
 

Here are the key decisions taken by SEBI during its board meeting on 24 March 2025...

Increased Threshold for FPI Disclosure

The SEBI board has approved a significant increase in the threshold for FPI disclosure. The new limit has been raised from Rs25,000 crore to Rs50,000 crore, reflecting the doubling of cash equity market trading volumes between FY22-23 and FY24-25. This move aims to prevent circumvention of SEBI's norms concerning minimum public shareholding (MPS) and substantial acquisition of shares and takeovers (SAST).

At present, certain FPIs with equity assets under management (AUM) exceeding Rs25,000 crore are required to provide granular details of all their investors or stakeholders on a look-through basis.

Revised Rules for Investment Advisers and Research Analysts

SEBI has also introduced a new provision allowing IAs and RAs to charge advance fees for up to one year, compared to the previous limit of six months for IAs and three months for RAs. This revision addresses industry concerns and brings greater flexibility to fee collection, particularly for non-individual and accredited investors.

Governance of Market Infrastructure Institutions (MIIs)

The SEBI board has also reviewed governance norms for MIIs, focusing on the appointment and cooling-off period for public interest directors (PIDs) and key management personnel (KMPs). The existing process for appointing PIDs without shareholder approval will continue, while SEBI will no longer mandate a cooling-off period for PIDs transitioning between MIIs.

Furthermore, the governing board of an MII may set its own cooling-off period for KMPs and directors moving to competing MIIs. Additionally, the appointment of critical KMPs such as compliance officers, chief risk officers, chief technology officers, and chief information security officers will now require the approval of the governing board rather than the nomination and remuneration committee, SEBI says.

Deferral of Regulatory Amendments

The SEBI board has deferred the implementation of amendments to the regulations governing merchant bankers, debenture trustees, and custodians, originally proposed in December 2024. The deferment allows for further internal review and evaluation to ensure a level playing field.

Comments
adityag
3 months ago
*slow clapping*
balakrishnanr
3 months ago
Hopefully, the SEBI staff and board are exempt from these irritants like 'conflict' of interest
Array
Free Helpline
Legal Credit
Feedback