SC : Selling Shares While in Possession of UPSI Constitutes Insider Trading Even if No Profit Is Made


Quick Summary
The Supreme Court has ruled that selling shares while in possession of Unpublished Price Sensitive Information (UPSI) constitutes insider trading, regardless of whether a profit was made or a loss was avoided. The court found that the mere act of trading with UPSI triggers a presumption of guilt. This decision overturned a previous ruling by the Securities Appellate Tribunal and restored SEBI's findings of insider trading, including the disgorgement of losses avoided.

Court :
Supreme Court of India

Brief :
The Supreme Court, in SEBI v. Rajeev Vasant Sheth & Ors., has held that a person who trades in securities while in possession of Unpublished Price Sensitive Information (UPSI) would be presumed to have traded on the basis of that information. The purpose for which the sale proceeds are used or whether the person actually made a profit is not relevant under the SEBI (Prohibition of Insider Trading) Regulations, 2015.

Citation :
CIVIL APPEAL NO. 4905 OF 2022

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CA Ruby Bansal
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