ARTICLE
10 September 2024

Framework For Short Selling

J
JSA

Contributor

JSA Advocates and Solicitors is a top-tier, full-service Indian law firm. Established in 1991, at the start of India’s economic liberalisation, the firm has built a strong reputation for handling complex and high-stakes legal and commercial matters. The firm is organised around specialist practice areas and industry sectors. It works closely with leading Indian corporates, Fortune 500 companies, global financial institutions, and government and statutory bodies on important corporate, financing, and disputes mandates. JSA has a team of over 700 legal professionals, including 180+ partners, and operates from 10 offices across seven cities in India: Ahmedabad, Bengaluru, Chennai, Gurugram, Hyderabad, Mumbai, and New Delhi. The firm is consistently recognised as a top-tier practice by leading international legal directories, including Chambers & Partners (Asia-Pacific and Global), Legal 500, and AsiaLaw.
SEBI, vide circular dated January 5, 2024, issued a broad framework for short selling in the Indian securities market.
India Corporate/Commercial Law

SEBI, vide circular dated January 5, 2024, issued a broad framework for short selling in the Indian securities market. Some of the key provisions are as follows:

  1. naked short selling is not permitted in the Indian securities market and accordingly, all investors have to honor their obligation of delivering the securities at the time of settlement;
  2. a scheme for Securities Lending and Borrowing will be put in place to provide the necessary impetus to short sell;
  3. securities traded in the Futures and Options segment will be eligible for short selling; and
  4. institutional investors must disclose upfront at the time of placement of order whether the transaction is a short sale.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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