Material Information in a Prospectus

Divya Shah
Pravin Gandhi College of Law, India

Volume III, Issue IV, 2020

The article revolves around the Securities Exchange Board Of India and its efforts to regulate the financial market in India. The paper highlights the importance of disclosures and ways in which SEBI regulates and penalizes offenders who fail to make proper disclosure during an initial Public Offer. The paper aims to shed light on why disclosure forms such an important part of an Initial Public Offer and why keeping a public investor important is of utmost priority to SEBI. The paper also talks about various regulations in place to help regulate the process of a Public Offer. Through this research paper it becomes highly evident that although SEBI gives utmost priority to investor protection they also seem to have wide discretionary powers in respect of deciding whether a company or individual has defaulted. The main question that drew me towards this topic was whether the company raising the capital has enough discretion to decide what according to them is material for the public offer.

The article revolves around the Securities Exchange Board Of India and its efforts to regulate the financial market in India. The paper highlights the importance of disclosures and ways in which SEBI regulates and penalizes offenders who fail to make proper disclosure during an initial Public Offer. The paper aims to shed light on why disclosure forms such an important part of an Initial Public Offer and why keeping a public investor important is of utmost priority to SEBI. The paper also talks about various regulations in place to help regulate the process of a Public Offer. Through this research paper it becomes highly evident that although SEBI gives utmost priority to investor protection they also seem to have wide discretionary powers in respect of deciding whether a company or individual has defaulted. The main question that drew me towards this topic was whether the company raising the capital has enough discretion to decide what according to them is material for the public offer.