Voting by tribal communities blossoms as ECI's outreach to them bears fruit (See 'Corp Brief') SARFAESI Act - No fault can be found with respondent financial institution invoking Section 14 of SARFAESI Act by approaching District Magistrate, Rewa : HC (See 'Legal Desk') Ministry of Parliamentary Affairs observes Swachhata Pakhwada (See 'Corp Brief') Arbitration Act - Arbitral award cannot be interfered with if view of arbitral tribunal is plausible one : HC (See 'Legal Desk') IBC - Asset memorandum shall not be accessible to any person during liquidation : IBBI (See 'Legal Desk') Critical Minerals Summit concludes (See 'Corp Brief') Cr.P.C. - While adjudicating on bail application court is duty bound to ensure that accused's right to life and right to health is not violated : HC (See 'Legal Desk') PMLA - Petitioner cannot claim bail as matter of right for treatment only at specialized hospital of his choice : HC (See 'Legal Desk') SEBI (Research Analysts) Regulations, 2014 for ontravention of RA Regulations Certificate of Registration of Noticee Gaurav Sarda can be cancelled : SEBI (See 'Legal Desk') REC Ltd declares financial results, records highest ever annual net profit (See 'Corp Brief') Trade Marks Act - Defendant's adoption of Trademark is not in good faith and potential confusion encroaches upon Plaintiff's statutory trademark rights : HC (See 'Legal Desk') SEBI Act - Noticee was maintaining call records which were sent to SEBI : SEBI (See 'Legal Desk') Arbitration - Petition u/s 29A for extension of mandate of Arbitral Tribunal can be filed even after mandate has expired : HC (See 'Legal Desk') Mines Ministry to hold 2-day Critical Minerals Summit (See 'Corp Brief') IBC - When one party owes debt to another and creditor is claiming under written agreement providing for rendering 'service', debt is operational debt if claim of debt has some connection with service : SC (See 'Legal Desk') Companies Act - Stamp duty @5% market value of property is liable to be paid only when property is situated within State of Madhya Pradesh otherwise not : HC (See 'Legal Desk') SEBI Act - Final opportunity of inspection of documents and cross-examination of witnesses should be given to Appellants : SAT (See 'Legal Desk') SARFAESI Act - Mere discovery of new or important matter or evidence is not a sufficient ground for review ex debito justitiae : HC (See 'Legal Desk') Conference organized on Maritime Amrit Kaal Vision 2047 (See 'Corp Brief') PMLA -Bail application can be dismissed as petitioner failed to satisfy conditions for grant of bail : HC (See 'Legal Desk') CSIR, NIScPR organize national workshop to celebrate World Intellectual Property Day (See 'Corp Brief') SEBI Act - Appellants have failed to substantiate their claim of financial distress nor have they brought any new fact or circumstances requiring grant of interim relief : SAT (See 'Legal Desk') ACC delivers lifetime highest annualised PAT (See 'Corp Brief') Trade Mark Act - Marks are visually phonetically and deceptively similar to Plaintiffs' trademarks : HC (See 'Legal Desk') SJVN inaugurates First Multi-purpose Green Hydrogen Pilot Project (See 'Corp Brief') IBC - Even if CIRP commences, Directors, who are incharge of affairs of Company cannot be absolved of any wilful default committed by borrower Company : HC (See 'Legal Desk') REC to extend loan of Rs 1869 Cr for Kiru Hydro Electric Project (See 'Corp Brief')

SEBI cracks whip on investment adviser for non-disclosure to clients

Published: Jan 25, 2017

By TIOLCORP News Service

MUMBAI, JAN 25, 2017: THE Securities and Exchange Board of India (SEBI), has passed an order under sections 11(1), 11B and 11D of SEBI Act, 1992 against Capital Via Global Research Limited and its directors for violation of SEBI (Investment Advisers) Regulations, 2013 directing them:

i. not to solicit or undertake any fresh advisory business for another period of four months from the date of order.

ii. to discontinue the acceptance of funds from clients including by way of deactivation of online remittances, with immediate effect during the aforesaid four month period.

iii to disclose the contents of these directions prominently on its website(s) immediately.

CapitalVia Global Research, a SEBI registered investment adviser is having its registered office in Indore, Madhya Pradesh. In July, 2015 a complaint was filed against CapitalVia, which was followed by an inspection by the SEBI at the Indore office of CapitalVia. One such complaint alleged that CapitalVia charged a fee of Rs.25, 00,000/- for their services rendered wherein they promised an assured return of 10%. Pursuant to inspection SEBI noted that CapitalVia charged exorbitant fee to the extent of four times the amount of investment involved for which the Investment Advice was rendered. This indicated that CapitalVia was doing more than mere advisory services for its clients though the receipts are shown towards fees collected. The inspection revealed certain violations and non-compliances with the provisions of the IA Regulations. But SEBI observed that amongst the violations, the most serious violation is of non-disclosure to the clients including non-dissemination of restraint orders of SEBI, followed by the improper risk evaluation and dissemination processes.

The recent trend of similar orders passed by SEBI exposes the rampant unscrupulous practice by investment advisers especially in smaller cities and towns.

TIOL CORP SEARCH

TIOL GROUP WEBSITES