Case Study: Rich Infra Developers India Ltd.

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THIS PROJECT HAS BEEN SUBMITTED BY ANANYA MISHRA 214026 ON THE TOPIC THE TREATMENT OF COLLECTIVE INVESTMENT SCHEME IN INDIA (CORPORATE LAW-1) IN THE MONSOON SEMESTER 2016-17 SCOPE OF THE ESSAY: The essay discusses various aspects of collective investment scheme and how it is different from other schemes. It contemplates upon the SEBI’s regulations and its efforts to consolidate and regulate the functioning of CIS companies that they meet all statutory requirements. It lays down the instances where SEBI has cleared the definition and scope of SICs while playing a key role in identifying Collective investment schemes. The essay is an attempt to highlight the problems SEBI faces during this identification and its intended …show more content…

Case (2015) On receiving a complaint about Rich Infra Developers India Ltd. ( “Rich Infra”) was giving huge returns to investors in return of investments made by them, SEBI conducted a preliminary investigation as to whether Rich Infra is CIS or not and sought information from them. The main contention raised by Rich Infra was that they are not involved into activities like collecting money from public rather they are involved in activities like selling of plots and farm houses which are being sold to prospective customers. However it was already declared that no land was distinguished by the company and it is unambiguously established that the schemes offered by Rich Infra are nothing but a “Collective Investment Scheme” that they have attempted to disguise as a real estate scheme. The most distinguishable feature of a real estate transaction i.e. a property is missing from this business. Hence, SEBI directed Rich Infra and its Directors: (a) stop collecting any money from investors under these disguised schems; (b) refrain from introducing any new schemes or float new companies (c) to immediately submit the full inventory of the assets including land obtained through money raised by Rich

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