Open Access Research Article
A COMPARATIVE AND CRITICAL ANALYSIS OF INSIDER TRADING REGULATION AND CORPORATE GOVERNANCE IN INDIA AND THE UNITED STATES
Abstract
Insider
trading regulation in India has attained formal sophistication but not
enforcement credibility. This paper compares the insider trading regimes of
India and the United States, with particular attention to the corporate
governance standards embedded in the Securities and Exchange Board of India
(Prohibition of Insider Trading) Regulations, 2015. Using a doctrinal and
comparative method, it traces the evolution and theoretical foundations of both
regimes and compares four points: the definition of an insider, the role of
knowledge and motive, the use-versus-possession standard, and investigative
powers. It argues that India’s substantive law is comparable in
coverage, and in places broader, than American law, and that weak enforcement
is better explained by institutional and procedural limits on the Securities
and Exchange Board of India’s investigative architecture. The
paper proposes reforms directed at investigative capacity, whistleblower
incentives, trading plan oversight, criminal enforcement, and governance
accountability.
Published Paper
Author Details
Authors: KANIKA SHARMARegistration ID: 1013432 | Published Paper ID: IJLRA13432Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 2048-2061
Article Information
A COMPARATIVE AND CRITICAL ANALYSIS OF INSIDER TRADING REGULATION AND CORPORATE GOVERNANCE IN INDIA AND THE UNITED STATES
Authors: KANIKA SHARMA
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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