Investment& Securities Law

8/2/2019 Investment& Securities Law

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Format No. QSP/7.1/01.F01

Issue No.04 Rev. No 3 Dated: Jan 25, 2010

______________________________________________________________________________

UNIVERSITY OF PETROLEUM & ENERGY STUDIES

College of Legal Studies

Dehradun

______________________________________________________________________________

COURSE PLAN

Programme : BA.LL.B

Course : BA.LL.B

Semester : VIII

Session : January- May 2012

Batch : 2009 14

Subject Code : LLBL 405

No. of credits : 4

Subject : Investment& Securities Law

Prepared by: Sujith P Surendran

Email: [email protected]

Approved By

_________________________ ___________________

HOD Asst. Dean

UPES Campus Tel : +91-135-2261090/91

Energy Acres Fax : +91 135- 2694204

P.O. Bidholi, Via Prem Nagar Web : www.upes.ac.in

Dehradun -248 007 (U K)


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College of Management and Economic Studies, Dehradun

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COURSE PLAN

LEVEL OF KNOWLEDGE REQUIRED:

The subject is an advanced study of the corporate law. Since India has its economy opened up

and experimenting new changes in the corporate sector the paper is an important area of study to

those who aim to reach the lucrative corporate world. There is nothing less than perfection will

sustain and survive in this very competitive area. Thus the level of knowledge required is that of

an expert level knowledge.

OBJECTIVES

The objective of the course is to prepare and equip the students with the expert theoretical as

well as practical knowledge of the subject. The purpose of this paper is to understand various

aspects of the securities laws and the investment framework in India with the procedures.

BRIEF COURSE DESCRIPTION

The security laws include introduction to various kinds of securities. It is prepared with a view to

impart expert knowledge in the areas of corporate and government securities. It also has scope to

discuss the advantages and draw backs of the Indian security market and the constraints.

Under the investment law section the course is envisaged to discuss both domestic as well as

Foreign investments in India.

The course will discuss in detail various corporate laws and foreign exchange laws including the

regulations issued by SEBI and RBI.

THE SYLLABUS

1. SECURITIESa. Meaningb. Kinds of Securitiesc. Depository Receipts

2. GOVERNMENT SECURITIESa. Bonds issued by Government and Semi Government Institutionsb. Role of RBIc. External Borrowingd. Government Loan: the constitutional dilemma and limitations

3. SECURITIES ISSUED BY BANKSa. Banks Notesb. Bank Draft, Travelers Cheques,c. Credit Cards, Smart Cards, Nature of Deposits,


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d. Current Saving and Fixed Deposits, Interest Warrantse. SARFAESI Act 2002

4. CORPORATE SECURITIESa. Shares, Debentures, Company Deposits, Control over Corporate Securitiesb. SEBI Guide Lines on Capital Issuesc. Protection of Investord. SEBI- establishment of SEBI,e. Powers of SEBI,f. Guidelines for Disclosure and Investors Protectiong. Collective investmentsh. Depository receipts

5. DEPOSITORIESa. Types of Depository Receipts: IDR, ADR, GDR and Euro Receipts,b. SEBI Guidelines on Depositories.

6. INVESTMENT REGULATIONSa. Industrial Policy & Proceduresb. Investments in SEZ, EOU etc

7. FOREIGN DIRECT INVESTMENTa. FDI through automatic routeb. FDI through FIPBc. Investment by NRIsd. Investment by Foreign Corporate bodiese. Foreign institutional Investorsf. External Commercial Borrowingsg. Foreign investment in Trading Companies/Firm/Proprietary concernh. Joint venture agreementsi. Establishment of branch office or other place of office in Indiaj. Acquisition, holding and transfer of immovable property in Indiak. Repatriation

BOOKS

Books to be referred:

A.Ramaiyya , Guide to the Companies Act,1956

Dr.Avatar Singh, 2008 Edn

Legal Aspects of Business , R.S.N.Pillai & Baghavathy,S.Chand 2011 Edn

Taxmanns Company Law & Practise, A.K.Majumdar & G.K.Kapoor


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Page 4

K.S.Anantharaman, Company Law, C.Sitaraman & Co, Chennai

ACS Company Law Materials

Investing in India, Rajiv Jain

FEMA MANUAL, Taxmann

SEBI MANUAL, Taxmann

Journals:

Company Law Journal &

Chartered Secretary

Websites:

www.mca.gov.inwww.wadhwa.com

www.westlaw.com

www.universal.com

http://www.rbi.org.in

www.sebi.gov.in

EVALUATION CRITERIA

ASSIGNMENTS 30%

MID-TERM EXAMINATION 20%

FINAL-TERM EXAMINATION 50%

PEDAGOGY

Continuous Assessment Marks

(Including Mid-Term Exam) 50

1.1 Mid-Term Exam 201.2 Continuous Assessment 30

Explanation:

End-Term Examination 50 Marks


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COURSE REQUIREMENTS:

The course is procedural in nature & thus requires an understanding of the students about the

technicalities involved in corporate reconstruction. Students participation in the class room

through discussion & questions would be the preferred mode of lecture. Students would be made

aware about the legal framework of securities and investments with practical examples.


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DETAILED SESSION PLANOUT

TOPICS SESS

(No.)

READINGS Assignment (Presentati

Case/Quiz/test/

other)

1. SECURITIESa. Meaningb. Kinds of Securitiesc. Depository Receipts

08

A.Ramaiyya , Guide

to the Companies

Act,1956

Dr.Avatar Singh,

2008 Edn

Legal Aspects of

Business ,

R.S.N.Pillai &

Baghavathy,S.Chand

2011 Edn

Taxmanns Company

Law & Practise,

A.K.Majumdar &

G.K.Kapoor

K.S.Anantharaman,

Company Law,

C.Sitaraman & Co,

Chennai

ACS Company LawMaterials

Investing in India,

Rajiv Jain

FEMA MANUAL,

Project topics to be

Assigned


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Page 7

Taxmann

SEBI MANUAL,

Taxmann

2. GOVERNMENT SECURITIESa. Bonds issued by Government and

Semi Government Institutions

b. Role of RBIc. External Borrowingd. Government Loan: the constitutional

dilemma and limitations

06 A.Ramaiyya , Guide

to the Companies

Act,1956

Dr.Avatar Singh,

2008 Edn

Legal Aspects of

Business ,

R.S.N.Pillai &

Baghavathy,S.Chand

2011 Edn

Taxmanns Company

Law & Practise,

A.K.Majumdar &

G.K.Kapoor

K.S.Anantharaman,

Company Law,

C.Sitaraman & Co,

Chennai

ACS Company Law

Materials

Investing in India,

Rajiv Jain

FEMA MANUAL,

Taxmann

SEBI MANUAL,

Taxmann

Submission of synopsis

Of project topic.


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Page 8

3. SECURITIES ISSUED BY BANKSa. Banks Notesb. Bank Draft, Travelers Cheques,c. Credit Cards, Smart Cards, Nature

of Deposits,

d. Current Saving and Fixed Deposits,Interest Warrants

e. SARFAESI Act 2002


to the Companies

Act,1956

Dr.Avatar Singh,

2008 Edn

Legal Aspects of

Business ,

R.S.N.Pillai &

Baghavathy,S.Chand

2011 Edn

Taxmanns Company

Law & Practise,

A.K.Majumdar &

G.K.Kapoor


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Page 9

K.S.Anantharaman,

Company Law,

C.Sitaraman & Co,

Chennai

ACS Company Law

Materials

Investing in India,

Rajiv Jain

FEMA MANUAL,

Taxmann

SEBI MANUAL,Taxmann

1. CORPORATE SECURITIESa. Shares, Debentures, Company

Deposits, Control over Corporate

Securities

b. SEBI Guide Lines on Capital Issuesc. Protection of Investord.

SEBI- establishment of SEBI,

e. Powers of SEBI,f. Guidelines for Disclosure and

Investors Protection

g. Collective investmentsh. Depository receipts


to the Companies

Act,1956

Dr.Avatar Singh,

2008 Edn

Legal Aspects of

Business ,

R.S.N.Pillai &

Baghavathy,S.Chand

2011 Edn

Taxmanns Company

Law & Practise,

A.K.Majumdar &G.K.Kapoor

K.S.Anantharaman,

Company Law,

C.Sitaraman & Co,


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Page 10

Chennai

ACS Company Law

Materials

Investing in India,

Rajiv Jain

FEMA MANUAL,

Taxmann

SEBI MANUAL,

Taxmann

1. DEPOSITORIESa. Types of Depository Receipts: IDR,

ADR, GDR and Euro Receipts,

b. SEBI Guidelines on Depositories.


to the Companies

Act,1956

Dr.Avatar Singh,

2008 Edn

Legal Aspects of

Business ,

R.S.N.Pillai &

Baghavathy,S.Chand

2011 Edn

Taxmanns Company

Law & Practise,

A.K.Majumdar &

G.K.Kapoor

K.S.Anantharaman,

Class presentation

project topics.


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Company Law,

C.Sitaraman & Co,

Chennai

ACS Company Law

Materials

Investing in India,

Rajiv Jain

FEMA MANUAL,

Taxmann

SEBI MANUAL,

Taxmann

1. INVESTMENT REGULATIONSa. Industrial Policy & Proceduresb. Investments in SEZ, EOU etc


to the Companies

Act,1956

Dr.Avatar Singh,

2008 Edn

Legal Aspects of

Business ,

R.S.N.Pillai &

Baghavathy,S.Chand

2011 Edn

Taxmanns Company

Law & Practise,

A.K.Majumdar &

G.K.KapoorK.S.Anantharaman,

Company Law,

C.Sitaraman & Co,

Chennai

Class presentation

project topics.

Snap Test-II


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ACS Company Law

Materials

Investing in India,

Rajiv Jain

FEMA MANUAL,

Taxmann

SEBI MANUAL,

Taxmann

1. FOREIGN DIRECT INVESTMENTa. FDI through automatic routeb. FDI through FIPBc. Investment by NRIsd. Investment by Foreign Corporate

bodies

e. Foreign institutional Investorsf. External Commercial Borrowingsg. Foreign investment in Trading

Companies/Firm/Proprietary

concernh. Joint venture agreementsi. Establishment of branch office or

other place of office in India

j. Acquisition, holding and transfer ofimmovable property in India

k. Repatriation


to the Companies

Act,1956

Dr.Avatar Singh,

2008 Edn

Legal Aspects of

Business ,

R.S.N.Pillai &

Baghavathy,S.Chand

2011 Edn

Taxmanns Company

Law & Practise,

A.K.Majumdar &

Class presentation

project topics.


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Page 13

G.K.Kapoor

K.S.Anantharaman,

Company Law,

C.Sitaraman & Co,

Chennai

ACS Company Law

Materials

Investing in India,

Rajiv Jain

FEMA MANUAL,

TaxmannSEBI MANUAL,

Taxmann

Total 48

Documents

Investment& Securities Law