“Navigating Legal Barriers to Hostile Takeover in Financial Institutions,” was born out of a recognition that India’s regulatory framework must strike a delicate balance between protecting shareholder interests, preserving market integrity, and enabling healthy consolidation. Over the past decade, landmark rulings, evolving Securities and Exchange Board of India (SEBI) regulations, and international developments have reshaped the contours of takeover law. Yet, ambiguities and implementation gaps remain—raising questions about procedural fairness, corporate governance, and financial stability.
The research journey began with a comprehensive review of statutory provisions, SEBI’s Takeover Code, and relevant case law, supplemented by comparative insights from the United Kingdom and the United States. Interviews with legal practitioners, regulatory officials, and corporate executives illuminated practical challenges on the ground. The analytical framework developed herein seeks to map regulatory lacunae, assess judicial interpretations, and propose reforms that align with India’s market realities and international best practices.
It is my hope that this study will contribute to a more coherent and resilient legal framework for hostile takeovers in India’s financial sector—one that harmonizes the objectives of market efficiency, corporate accountability, and systemic safety.
Author Dr K Jameela states “My hope is that this study will serve as a resource for policymakers, regulators, and corporate actors. By highlighting regulatory lacunae and offering comparative perspectives, I aim to contribute to the development of a coherent and resilient legal framework—one that harmonizes shareholder interests, market efficiency, and systemic safety. I thank my student Mr I Madhav Ganesh and my colleague Ms Aiswarya S for encouraging and helping us to write this book.
Co Author Mr Karthik Shanmugaraj who is student at Hindustan University pursuing LLB states “I extend my heartfelt gratitude to my friend Mr. I. Madhav Ganesh, whose constant motivation kept me focused on my research goals. I am equally thankful to my respected staff members, Ms. Aiswarya S and Dr. K. Jameela, for their invaluable guidance, encouragement, and belief in my work. Their support has been instrumental in turning this vision into reality.”
