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Derivatives Laws and Regulations for Alternative Asset Managers

India

Chapters & Answers

13 chapters with 34 sections

1.1

Overview of the Derivatives Market

India hosts one of the most dynamic derivatives markets in Asia, with major activity centered around the National Stock Exchange of India Limited (NSE) and BSE Limited (BSE). Derivative instruments such as futures and options are widely traded, particularly in equities, interest rates, and commodities. The market has grown substantially over the past two decades, supported by robust infrastructure, a growing base of institutional and retail investors, and increasing participation from foreign entities. India's derivatives market operates under a regulatory framework designed to ensure transparency, investor protection, and systemic stability.

1.2

Historical Context and Market Evolution

Historical Context and Market Evolution in India: India’s derivatives market has evolved significantly over the past few decades, rooted in broader economic liberalization efforts that began in the early 1990s. The formal introduction of exchange-traded derivatives came about in 2000, when NSE launched index futures contracts, followed by single-stock futures and options. The regulatory framework was shaped early on by the Securities and Exchange Board of India (SEBI), which played a pivotal role in ensuring transparency, investor protection, and systemic stability. Unlike many Western markets, India’s derivatives space grew under a tightly regulated environment, avoiding many of the pitfalls that contributed to the 2008 global financial crisis. However, the crisis still influenced India’s approach, prompting refinements in risk management and surveillance mechanisms. Over time, the country has also witnessed growing interest in commodity derivatives, overseen by bodies like the Reserve Bank of India (RBI) and the Forward Markets Commission (later merged with SEBI), reinforcing India’s role as an emerging derivatives market with strong regulatory oversight.

Contributing Editors

Yash
Yash Sangani
Trilegal
Yash is an Associate in the Financial Regulatory Practice at Trilegal. He advises banks, funds, and corporates on negotiating ISDA documentation, margin requirements, and bespoke structured products, alongside broader advisory on India’s evolving financial sector framework. Yash brings a nuanced understanding of regulatory regimes governing derivatives, capital markets, and financial infrastructure, and regularly assists clients in navigating complex compliance, enforcement, and licensing issues.
Jitesh
Jitesh Maheshwari
Trilegal
Jitesh is a Counsel in the Financial Regulatory Practice at Trilegal. He specialises in financial regulation and derivatives advisory, with a focus on advising financial institutions, asset managers, and corporates on a broad spectrum of regulatory, compliance, and transactional matters. Jitesh’s work includes advising on structuring and negotiating complex transactions, interpreting regulatory developments under Indian and cross-border financial laws, and supporting clients on strategic compliance with RBI, SEBI, IFSCA, and FEMA frameworks.
Anubhav
Anubhav Ghosh
Trilegal
Anubhav Ghosh is a Partner in the Financial Regulatory Practice at Trilegal. He routinely handles contentious and non-contentious matters relating to the securities and financial markets, as well as other commercial and regulatory matters pertaining to various financial sector intermediaries. Anubhav also advises clients on enforcement matters before the sectoral regulators, like SEBI, RBI and PFRDA. Anubhav advises on novel, high-value transactions as well leading matters with respect to foreign investment in the financial services sector, including within the IFSCA, as well as on matters of corporate governance. Anubhav works closely with a diverse set of market infrastructure institutions for their regulatory and enforcement functions. He also assists and advises working groups constituted by sectoral regulators for review, amendment and implementation of laws. He has also extensively practiced in dispute resolution, appellate and writ litigation roles related to commercial laws, securities and capital markets regulation and administrative laws.