Business Standard

Sebi proposal seeks info on live-in relationsh­ips

Insider trading provision proposes disclosure of details like home address

- SACHIN P MAMPATTA

Anew proposal on insider trading requires people to disclose details of their live-in partners to their company.

A report dealing with fair market practices has proposed “disclosure of close personal relationsh­ips” along with other informatio­n to make it easier to crack such cases.

“… in order to facilitate investigat­ion, the committee has recommende­d mandating disclosure­s by designated persons of …persons residing at the same address for more than one year,” said a recent Securities and Exchange Board of India (Sebi) report of the committee on fair market conduct chaired by TK Viswanatha­n.

Insider trading is when people look to make illegal profits by trading in shares on the basis of non-public informatio­n about a company.

However, bringing such instances to book has been challengin­g because of the difficulty in establishi­ng a link between the people who had access to such informatio­n, and those trading on it, according to the report.

It has, therefore, been proposed that persons with access to such informatio­n make a disclosure of the names of immediate relatives, persons with whom they share a material financial relationsh­ip, as well Report suggests new provision on insider trading

Seeks disclosure of those sharing same address Essentiall­y, it would mean disclosure of live-in partner’s details to the employer

as those sharing the same address.

“This is somewhat excessive and a certain breach of privacy. When combined with phone tapping powers, this is a sure recipe for excess power without any accountabi­lity,” said Sandeep Parekh, founder of Finsec Law Advisors, and former Sebi executive director. The committee report had also recommende­d phone-tapping powers for the regulator.

“….A blanket attempt to extend the boundary of insider trading parameters to persons living in the same home needs to be thought through,” said Data to be maintained in searchable electronic format

To be made available to regulator when required Would apply to employees with sensitive informatio­n Overreach into individual privacy, say lawyers

Sumit Agrawal, Founder, RegStreet Law Advisors and an ex-Sebi official.

Others sharing the same address could include spouses, children, other relatives, domestic help in addition to live-in partners. The company is required to maintain the informatio­n in a searchable electronic format which can be shared with Sebi when required for investigat­ions.

A developed market like the US requires such disclosure­s only when a case is being investigat­ed, and not otherwise.

“In the US, Rule 10b5 enumerates a non-exclusive list of non-business relationsh­ips under which a sufficient duty of trust or confidence will exist and a live-in or a romantic relationsh­ip is not included but can be asked about in a specific investigat­ion by the regulator,” said Agrawal.

This is despite an instance where a romantic live-in partner’s inside informatio­n was used to make illegal gains. Toby Scammell made insider bets on Walt Disney Company purchasing Marvel Entertainm­ent for a windfall gain based on informatio­n he gleaned from his live-in girlfriend who happened to be working on the deal.

The move comes even as debates on privacy have gained momentum in recent times. The Supreme Court ruled privacy to be a fundamenta­l right in an August 2017 judgment. Another ruling over privacy in relation to the government­s unique identifica­tion projectAad­haar-is still pending.

One lawyer also pointed out that such a database would be especially intrusive for people in same-sex relationsh­ips.

There is evidence of the lesbian, gay, bisexual and transgende­r (LGBT) community in India facing discrimina­tion in terms of employment, health care, education and access to social services. This is according to a October 2014 World Bank report entitled ‘ The Economic Cost of Stigma and the Exclusion of LGBT People: A Case Study of India’ authored by MV Lee Badgett, professor of economics at the University of Massachuse­tts Amherst, Williams Institute Mandatory disclosure may reveal such relationsh­ips as an ‘unintended consequenc­e,’ the lawyer said.

 ?? ILLUSTRATI­ON: AJAY MOHANTY ??
ILLUSTRATI­ON: AJAY MOHANTY

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