Monetary frauds within the Indian capital markets have developed from easy diversions of shareholder funds to advanced schemes involving regulatory arbitrage, Securities and Alternate Board of India (SEBI) Chairman Tuhin Kanta Pandey mentioned on Friday.
Addressing the Future Proof Forensics 2025 occasion held in Mumbai, the SEBI chief highlighted how the market regulator has used forensic audits to uncover a number of such frauds in current instances.
Shell buildings and promoter-linked diversions
“We should safeguard market integrity, the muse that fuels investor participation and sustains capital formation,” ANI quoted him as saying.
Citing examples of egregious instances, Pandey mentioned SEBI investigations have revealed a number of cases the place listed corporations engaged in fraudulent practices to siphon off investor funds.
He highlighted that in a case, a listed entity transferred its belongings to a subsidiary firm.
He mentioned “SEBI has unearthed transactions the place the listed entity transferred belongings to its subsidiary. The mortgage obtained by the subsidiary in opposition to these belongings have been then used to repay the excellent mortgage of a promoter linked entity”.
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Spherical-tripping, deceptive disclosures below scanner
In one other occasion, an organization inflated its financials by getting into into round transactions with quite a lot of named lending entities. The promoters subsequently siphoned off shareholder funds or belongings via related-party transactions below the pretext of purchases or gross sales made to or from their very own corporations.
Pandey mentioned SEBI additionally discovered that proceeds from preferential allotment, which ought to end in money circulation to the corporate, have been as an alternative siphoned off.
In a single case, the funds raised via preferential allotment have been round-tripped again to the allottees themselves utilizing advanced, multi-layered transactions. He added “Solid financial institution statements have been submitted to SEBI to indicate receipt of funds by the corporate. The statutory auditor additionally didn’t report the structured circulation of funds”.
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The SEBI chairman additionally warned concerning the misuse of preferential allotment and deceptive disclosures. He mentioned that deceptive info is typically intentionally made public simply earlier than the expiry of the lock-in interval on shares issued via preferential allotment.
This permits the preferential allottees to exit at a revenue, typically at the price of retail buyers who belief the deceptive disclosures.
“These are egregious instances. I am not saying it is a generalised phenomenon. I am simply providing you with sure examples of egregious instances which have been detected,” Pandey mentioned. He added that the unfavorable affect of such monetary frauds on the securities market is super and SEBI is doing forensic audits to uncover these form of monetary frauds.
(With inputs from ANI)