Web Analytics
English
Home Search

Search results: Companies Act

XPeng-drives-dual-primary-listing-wave-in-HK-小鹏领跑香港双重上市潮

XPeng drives dual-primary listing wave in HK

Chinese electric vehicle (EV) maker XPeng has raised HKD14.03 billion (USD1.8 billion) from its Hong Kong share sale, making it the first dual-primary listing with a weighted voting rights (WVR) structure on the bourse....
RBI-revises-classifications-of-PPIs

RBI revises classifications of PPIs

The Reserve Bank of India (RBI) on 27 August issued master directions on prepaid payment instruments (PPIs) with new classifications, and to provide a framework for their authorisation, regulation and supervision. New companies setting up...
Manisha-Singh-is-a-partner-and-Simran-Bhullar-is-an-associate-at-LexOrbis

KAL Radio out of tune on copyright

By Manisha Singh and Simran Bhullar, LexOrbis.
The relatively new provisions of the statutory licensing of copyrights have often caused confusion with respect to their interpretation. The courts have repeatedly faced the dilemma of whether to interpret those provisions narrowly or...

Straightening the winding road for MNCs going private

By Sumithra Suresh and Arunima Vijay, L&L Partners
India, with its billion-plus marketplace, production and R&D facilities, occupies an important place in the global operations of multinational corporations (MNCs). The corporate vehicles of several foreign MNCs are listed on Indian stock exchanges....
India Business Law Journal

Chasing change

Regulating for a slice of tech pie Tax authorities across the globe have been denied access to big tech profits by strategies made possible because of the digitalisation of economies and the flattening of borders....
How to rebalance an unequal economic partnership, Reena Asthana Khair, Kochhar & C

How to rebalance an unequal economic partnership

By Reena Asthana Khair, Kochhar & C
One of the primary objectives of the Comprehensive Economic Partnership Agreement (CEPA) reached between India and Japan in February 2011, was to liberalise and facilitate the trade in goods and services between the two countries....
Corporate and commercial e-interests yield to consumers, Manoj Kumar, Hammurabi & Solomon Partners

Corporate and commercial e-interests yield to consumers

By Manoj Kumar, Hammurabi & Solomon Partners
A new draft of the e-commerce rules was published in June 2021 and feedback is invited. The rules apply to all goods and services purchased or sold over electronic networks, including non-tangible products and...
Top Foreign Firms 2021 - Mapping global expertise

Mapping global expertise

As a wave of dealmaking showcases legal prowess around the world, India Business Law Journal reveals the top foreign law firms for India work. By Vandana Chatlani Well over a year has passed since the...
Electricity regulator continues to reign supreme for now, Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors

Electricity regulator continues to reign supreme for now

By Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors
The conflict between electricity regulatory commissions and arbitrators in electricity sector disputes is a long-standing and vexed issue. In the recent case of Chief General Manager (IPC) MP Power Trading Co Ltd & Anr...
Seasoned art expert rejoins L&L Partners

Seasoned art expert rejoins L&L

Subhash Bhutoria, an experienced IP and art lawyer, has rejoined L&L Partners in New Delhi as a partner designate to kickstart an art law practice at the firm.  “ Luthra has a keen interest in...
No place to hide

No place to hide

After years of freewheeling on light taxes, a global effort is closing in on big tech to extract a pound of flesh, writes Freny Patel It’s been an open-ended abuse and one that irks most...
Non-signatories can be compelled to arbitrate, Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners

Non-signatories can be compelled to arbitrate

By Sneha Jaisingh and Aniruddha Banerji, Bharucha & Partners
In Shapoorji Pallonji and Co Pvt Ltd v Rattan India Power Ltd and Anr, the issue before the Delhi High Court was whether a non-signatory to an arbitration agreement can be compelled to arbitrate....
Deep mining yields rewards from IBC resolutions, Charanya Lakshmikumaran and Ishita Mathur, Lakshmikumaran & Sridharan 

Deep mining yields rewards from IBC resolutions

By Charanya Lakshmikumaran and Ishita Mathur, Lakshmikumaran & Sridharan 
India is mineral rich, with the mining sector a powerhouse contributing INR913 billion (USD12.3 billion) to GDP. However, this sector, which is integral to government plans to revive the economy, has profitability problems. Falls...
Microfinance framework overhaul a welcome move, Sawant Singh, Aditya Bhargava and Sristi Yadav, Phoenix Legal

Microfinance framework overhaul a welcome move

By Sawant Singh, Aditya Bhargava and Sristi Yadav, Phoenix Legal
The Reserve Bank of India’s (RBI) comprehensive regulatory framework for microfinance prescribes requirements such as the nature of borrowers, maximum disbursement amounts and ceilings on interest rates and other charges. However, this framework applies...
Expatriates should beware of strict employment requirements, Gautam Khurana and Promila Dhar, India Law Offices

Expatriates should beware of strict employment requirements

By Gautam Khurana and Promila Dhar, India Law Offices
When non-Indian citizens are employed in India, they become as responsible for obtaining employment visas and complying with immigration laws as the companies that are sponsoring them and offering employment. The immigration process is...
The challenges ahead for LIBOR transition, Soumyajit Mitra and Nishtha Arora, SNG & Partners

The challenges ahead for Libor transition

By Soumyajit Mitra and Nishtha Arora, SNG & Partners
The globally accepted, decades-old financial benchmark, the London interbank offered rate (Libor), retires at the end of 2021 for most rates, or by mid-2023 for others. The Reserve Bank of India (RBI) on 8...
Singapore allows third-party funding in dispute resolution, Kelvin Poon and Vikram Nair, Rajah & Tann

Singapore allows third-party funding in dispute resolution

By Kelvin Poon and Vikram Nair, Rajah & Tann
Pursuing a claim in court or through arbitration is expensive. Would-be claimants, having already suffered a loss, must make the difficult commercial decision whether to risk further resources to pursue their claims. Third-party funding...
A corridor to new Singapore economic partnerships, Vivaik Sharma and Apeksha Sonawale, Cyril Amarchand Mangaldas

A corridor to new Singapore economic partnerships

By Vivaik Sharma and Apeksha Sonawale, Cyril Amarchand Mangaldas
Singapore’s strategic maritime location, well-respected diplomatic links and excellent treaty network make it the gateway to Asian markets. With 29% of foreign direct investment (FDI), it heads the list of investors in India. The...
RBI puts freeze on Mastercard issuances

RBI puts freeze on Mastercard issuances

Mastercard’s failure to comply with the Reserve Bank of India’s (RBI) directive to store payment data in the country has left private sector banks including HDFC Bank, ICICI Bank, RBL Bank and Yes Bank,...
Do hybrid companies still exist

Do hybrid companies still exist?

By Anushri Uttarwar and Umang Pathak 
Private entities that are legally deemed to be public, yet permitted to retain private characteristics such as restrictions on share transferability, are called hybrid companies. In the Tata-Mistry dispute, the National Company Law Appellate...
India Business Law Journal

Making sense of markets

Jitters, uncertainty can move stock prices A superstar footballer moves two Coke bottles out of the spotlight during a press conference and replaces them with water, reportedly prompting a USD4 billion drop in Coca-Cola’s market value....
SPACs- why PIPE investments play a key role, Lynwood Reinhardt and Brooke Dorris, Reed Smith

SPACs: Why PIPE investments play a key role

By Lynwood Reinhardt and Brooke Dorris, Reed Smith
Lynwood Reinhardt and Brooke Dorris examine the impact of private investment in public equity on de-SPAC transactions The SPAC, or special purpose acquisition company, is a resurgent spin on the relatively well-trodden concept of a...
Gender-in-justice,-India-Business-Law-Journal

Gender in justice

Senior women lawyers across Asia share their personal stories of success, strategy, struggle and loss, all towards a more inclusive legal profession. Putro Harnowo reports The legal profession has long been subject to criticism for...
Captive generation- APTEL breaks a few chains, Abhishek Nath Tripathi and Anura Gupta, Sarthak Advocates & Solicitors

Captive generation: APTEL breaks a few chains

By Abhishek Nath Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
Captive generation is the new battlefield between generators and distribution companies (DISCOM). While captive generation appeals to consumers and generators by providing a cheaper source of electricity, DISCOMs have resisted captive generation projects. This has...
Lockdown impact on travel, residency and finances, Gautam Khurana and Abhishek Hans, India Law Offices

Lockdown impact on travel, residency and finances

By Gautam Khurana and Abhishek Hans, India Law Offices
Working from home and in remote domestic and overseas locations was rare until 2020, when it became a way of life due to global pandemic lockdowns. While now a familiar situation, the law in India...
Alpha Partners inducts food, retail head

Alpha inducts food, retail head

Vikram Raj has joined Alpha Partners as a partner in Bengaluru, and will head its food and retail (regulatory and litigation) practice. Raj joins from Farm to Fork Solutions, where he was head of...
Looking east, Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law

New frontiers for arbitrations seated in Singapore

By Sreenivasan Narayanan, Raja Bose and Rob Houston, K&L Gates Straits Law
Supreme Court judgment opens new frontier for Singapore-seated arbitration for Indian parties, write Sreenivasan Narayanan, Raja Bose and Rob Houston The Supreme Court’s landmark decision in PASL Wind Solutions Private Limited v GE Power Conversion...
Challenging-taboos

Challenging tabooze

A conversation with Anand Vijay Jha, a former regulator, who has switched sides to head public policy at United Breweries. He talks to Freny Patel about taking on the challenging task of changing the...
WhatsApp to close the shutters on privacy policy

WhatsApp shutters plan to enforce privacy update

Who would have imagined India, without a data privacy law, could make the Facebook-owned messaging service, WhatsApp, change its stance and adopt a more favourable approach to its privacy policy update? This is a...
Cyril Amarchand Mangaldas hires GIFT City partner

CAM hires GIFT City partner

Ketaki Gor Mehta has joined Cyril Amarchand Mangaldas (CAM) at its office in GIFT City, which is the country’s first international financial services centre based in Gandhinagar, Gujarat state.  Mehta joins from Desai & Diwanji,...
Pankaj Monga, Lall & Sethi’s Singapore hire part of ‘grand plan’

Lall & Sethi’s Singapore hire part of ‘grand plan’

Pankaj Monga has joined Lall & Sethi as a partner based in Singapore to head the firm’s brand protection, risk management and strategy practice as the firm expands its footprint in the Asia-Pacific. “There are...
Downstream investments by NRIs are not foreign investments, Shinoj Koshy and Purvi Khanna, L&L Partners

Downstream investments by NRIs are not foreign investments

By Shinoj Koshy and Purvi Khanna, L&L Partners
Investments by non-resident Indians (NRI) in Indian entities, that is companies or LLPs, on a non-repatriation basis are deemed to be domestic investments and treated equally with investments by residents. However, the Foreign Direct...
L&L Partners assists restructure of Shapoorji Pallonji debt

L&L Partners assists restructure of Shapoorji Pallonji debt

L&L Partners advised State Bank of India in a one-time restructuring of outstanding loans of about INR200 billion (USD2.69 billion) of Shapoorji Pallonji & Company. Desai & Diwanji advised Shapoorji Pallonji & Company, which...
Will PLIs give Japanese manufacturing a boost in India, Pradeep Ratnam, Kochhar & Co

Will PLIs give Japanese manufacturing a boost in India?

By Pradeep Ratnam, Kochhar & Co
Japan has a history of investment and joint ventures in India. Foreign direct investment from Japan increased to USD35 billion between 2000-2020, with USD10 billion worth of inbound mergers and acquisitions in 2015-2020 alone....
Supreme Court- Party autonomy is the backbone of arbitration

Supreme Court: Party autonomy is the backbone of arbitration

The Supreme Court in a recent landmark judgment titled PASL Wind Solutions Private Limited v GE Power Conversion India Private Limited ruled that nothing stands in the way of party autonomy in designating a...
Industry, government align on green energy goals

Industry, government align on green energy goals

Recent expansion patterns of companies worldwide signal a shift towards opting for renewable alternatives in order to achieve a sustainable global energy balance. Countries have reiterated their commitment to achieving the United Nations agenda...
When SPACs come knocking, Ashok Lalwani and Mark Bell, Baker McKenzie

When SPACs come knocking

By Ashok Lalwani and Mark Bell, Baker McKenzie
Ashok Lalwani and Mark Bell explore the opportunities and risks associated with Indian companies taking the SPAC route With the accelerated rise of special purpose acquisition companies (SPACs) in the US and Europe in 2020...
The fragile position of independent directors of banks, Sumit P and Asima Ghosh, HSA Advocates

The fragile position of independent directors of banks

By Sumit P and Asima Ghosh, HSA Advocates
The improvement of corporate governance norms of banks has been on the agenda for many years. However, after egregious irregularities and misconduct at the highest levels were found at some well-known banks and non-banking...
Obscurities relating to availability of ITC for covid-19 supplies, Kapil Kumar Sharma and Shubham Vijay, Lakshmikumaran & Sridharan 

Obscurities relating to availability of ITC for covid-19 supplies

By Kapil Kumar Sharma and Shubham Vijay, Lakshmikumaran & Sridharan 
In the course of just a year, times have changed and we have journeyed from a sense of normalcy to absolute anomaly. The outbreak of the pandemic has brought the world to an abrupt...
Cryptocurrencies unchained

Cryptocurrencies unchained?

By Anu Tiwari and Anindita Bhowmik, Cyril Amarchand Mangaldas; Rajiv Luthra and Anirudh Gotety, L&L Partners
Since the Supreme Court overturned India's ban on cryptocurrencies, trading volumes have increased exponentially and home-grown crypto startups have blossomed. But the government has yet to establish a regulatory regime, and reports of another...
India Business Law Journal

In dire straits

Critical situation requires unified response Few could have imagined the day when a judge of Delhi High Court would urge the state “to beg, borrow or steal”. The judge was just one of many across...
Vaccinating your staff

Vaccinating your staff?

The government has allowed the private sector to step in and vaccinate staff. Pharma legal expert Shantanu Mukherjee and co-author Sampreetha Kumar explain how to navigate setting up a vaccination facility for your employees Policy...
Trust structures from an FDI perspective, Harish Kumar and Itee Singhal, L&L Partners

Trust structures from an FDI perspective

By Harish Kumar and Itee Singhal, L&L Partners
Trust structures are increasingly gaining popularity for wealth and succession planning in India where most businesses are family driven. Increased global business opportunities have led business families, particularly the younger generations, to migrate and...
Risky share swaps useful to fund cross-border activity, Natasha Mahajan and Vineetha Stephen, Samvad Partners

Risky share swaps useful to fund cross-border activity

By Natasha Mahajan and Vineetha Stephen, Samvad Partners
As the Indian start-up ecosystem matures, there’s a growing trend among companies in cutting-edge industries to access new technologies, recruit the best talent and gain market share and advantage by buying global offshore businesses....
InvITs continue to evolve in infrastructure M&A, Jay Gandhi and Abhishek Parekh, Shardul Amarchand Mangaldas & Co

InvITs continue to evolve in infrastructure M&A

By Jay Gandhi and Abhishek Parekh, Shardul Amarchand Mangaldas & Co
The infrastructure sector has seen much M&A and private equity activity in recent years. While some sub-sectors have contracted due to the pandemic with a consequent slowdown in M&As, others such as renewable energy...
Indian-Law-Firm-Awards-2021-logo

Indian Law Firm Awards 2021

Vandana Chatlani reports India has faced a terrible year battling the covid-19 pandemic. Companies and law firm offices shut shop. Homes were turned into work spaces, and lawyers relied on technology to stay connected. Investments in...
Austria is the EU partnership model after Brexit, Gautam Khurana, India Law Offices and Markus Leitner, Austria-based firm Leitner & Hirth

Austria is the EU partnership model after Brexit

By Gautam Khurana, India Law Offices and Markus Leitner, Leitner & Hirth
The European Union has been one of India’s biggest trading partners. Investors and small and medium enterprises from the EU have proved loyal partners for companies over many decades. Market entry and expansion between...
Factors when drafting arbitration clauses in commercial contracts, Manoj Kumar, Hammurabi & Solomon

Factors when drafting arbitration clauses in commercial contracts

By Manoj Kumar, Hammurabi & Solomon
In the recent case of PASL Wind Solutions Pvt Ltd v GE Power Conversion India Pvt Ltd, the Supreme Court allowed two Indian parties to elect a foreign seat of arbitration and clarified that...
panacea or problem

Panacea or problem?

SPACS have generated tremendous interest in India, but are these re-emerging investment tools really a practical alternative to IPOs and a panacea for reviving capital markets? And just how tightly should they be regulated?...
Secretariat-law-firm-open-office-Mumbai-3

Secretariat opens its doors in India

Expert services and litigation consulting firm Secretariat has expanded to India with the opening of an office in Mumbai and the appointment of Mrinal Jain as a director. Jain will lead the firm’s economic damages...
Getting-what’s-rightfully-due

Getting what’s rightfully due

General counsel should be professionally recognised via a review of The Advocates Act, and be supported by a regulatory body, write General Counsels’ Association of India founders Akhil Prasad and Sanjeev Gemawat The legal...
Tread carefully with TM

Tread carefully with TM

By Shreekanth Katti and Harry Jose, Syngene International
The improper use of trademark symbols in overseas markets can cause headaches for in-house lawyers writes Shreekanth Katti The marketing, commercial and business development departments of companies work hard to create brand names in order...
Can the Startup India Seed Fund Scheme be a game-changer

Can the Startup India Seed Fund Scheme be a game-changer?

By Dipti Lavya Swain and Tanvi Tekriwal, HSA Advocates
The Startup India Seed Fund Scheme gives an impetus to the seed funding initiative of the government. The policy and guidelines were released after the scheme was announced in January 2021. The government has...
Revised regulations on due diligence for listed debentures, Sawant Singh, Aditya Bhargava and Sristi Yadav, Phoenix Legal

Revised regulations on due diligence for listed debentures

By Sawant Singh, Aditya Bhargava and Sristi Yadav, Phoenix Legal
In November 2020, the Securities and Exchange Board of India (SEBI) issued a circular on due diligence to be carried out by debenture trustees on security for listed debentures. The circular prescribed additional obligations...
Indian parties can choose foreign seated arbitrations 

Indian parties can choose foreign seated arbitrations 

The Supreme Court put to rest the contentious issue on foreign-seated arbitration last month in a landmark judgment that brings India in line with international best practices and paves the way for Indian parties...
Court Invoke compulsory licensing to combat covid

Court: Invoke compulsory licensing to combat covid

Patent holders of life-saving drugs for treating covid are likely to voluntarily grant licensing to generic companies to produce the patented drugs, which are in short supply as mortality rates soar in India. This is...
RBI restricts investments in NBFC from FATF non-compliant countries, Anshuman Mozumdar and Anirudh Gotety, L&L Partners

RBI restricts investments in NBFC from FATF non-compliant countries

By Anshuman Mozumdar and Anirudh Gotety, L&L Partners
The Reserve Bank of India (RBI) issued a notification on 12 February 2021 further restricting investments in non-banking financial companies (NBFC) from jurisdictions, which are on the Financial Action Task Force’s (FATF) black list...
Bathiya Legal, Indus Law assist on pharma-tech acquisition

Bathiya, IndusLaw assist on pharma-tech acquisition

IndusLaw advised pharma-tech startup Pharmarack Technologies when ABCD Technologies acquired a 91.8% stake in it for ₹1.1 billion (US$14.8 million). Shareholders in Pharmarack Technologies included the venture capital fund IvyCap Ventures, which used its in-house...
210421 I2103_Khaitan's Singapore office.00_00_13_21.Still001video

Work from home has seen a mixed reaction: Haigreve Khaitan

Haigreve Khaitan, the senior partner of Khaitan & Co, talks to India Business Law Journal about how his firm has been tackling the ongoing pandemic, its impact on deal values and his views on...
Algo rolls out ESOP advisory programme, Smita Goel

Algo rolls out ESOP advisory programme

Algo Legal has launched employee stock ownership plan (ESOP) subscription services for companies to receive guidance on how to structure and implement plans for employees, along with a dedicated portal. The firm has worked with...
Regulations hinder SPACs in India

Regulations hinder SPACs in India

Special Purpose Acquisition Companies (SPACs) are considered controversial entities – also known as blank cheque companies – that offer private businesses a fast-track procedure to go public, bypassing the traditional IPO process. It’s an...
India Business Law Journal

Relying on specialists

Debate on wisdom of specialised courts returns It is no surprise that the recent scrapping of the Intellectual Property Appellate Board (IPAB) – a tribunal that decided on appeals from the patent and trademark office,...
Policing-the-internet

Policing the internet

Recently released guidelines giving the government power over social media and news portals are being challenged in court. Freny Patel asks experts whether the new rules are a case of overreach The release of “draconian”...
Spiking-the-debt-balloon

Spiking the debt balloon

India plans to set up a so-called bad bank to deflate a post-pandemic rise in non-performing assets and help lenders clean their balance sheets. Will this be the panacea the country’s troubled banking sector...
Abolishing IPAB: An own goal?

Abolishing IPAB: An own goal?

By Pravin Anand, Anand and Anand
Closing down the Intellectual Property Appellate Board may not align with the government's plan of promoting ease of doing business, writes Pravin Anand See also: IP practitioners warn of dire consequences as IPAB gets the...
IP practitioners warn of dire consequences as Intellectual Property Appellate Board gets the chop

Axed!

IP practitioners warn of dire consequences as Intellectual Property Appellate Board gets the chop. Gautam Kagalwala reports See also: Closing IPAB goes against plan to improve ease of doing business After nearly 20 years marked as much...
NCLT proper forum for power purchase agreement insolvency, Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors

NCLT proper forum for power purchase agreement insolvency

By Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors
The Supreme Court has ruled that the National Company Law Tribunal (NCLT) has jurisdiction under the Insolvency and Bankruptcy Code, 2016 (IBC) in disputes involving Power Purchase Agreements (PPA). Gujarat Urja Vikas Nigam Limited...
More liability on the cards for independent directors

More liability on the cards for independent directors

The Supreme Court decision last month that ended the four-year boardroom feud in the Tata-Mistry saga exposes the vulnerabilities of independent directors when they do not agree with promoters. While the 26 March verdict is...
Make in India- A reality through PLI scheme, Gautam Khurana, India Law Offices

Make in India: A reality through PLI scheme

By Gautam Khurana, India Law Offices
The Make in India policy of 2014 was the last of many attempts since 1991 to make India the centre of the global manufacturing supply chain. The government has now put that attempt right...
IPAB recognises the concept of transborder reputation, Manisha Singh and Simran Bhullar, LexOrbis

IPAB recognises the concept of transborder reputation

By Manisha Singh and Simran Bhullar, LexOrbis
Securing a trademark registration in a new territory presents challenges, especially from local competition. Globalisation has enabled brands to reach distant customers, but even globally recognised brands can face legal trouble if local companies...
SBI managing director joins CAM as adviser

SBI managing director joins CAM as adviser

B Sriram has joined Cyril Amarchand Mangaldas (CAM) as a senior adviser in the financial institutions group of the firm. He has more than 37 years of experience in all areas of banking and finance. Sriram...
Security by design in digital payment controls, Shilpa Mankar Ahluwalia and Vrinda Pareek, Shardul Amarchand Mangaldas & Co

Security by design in digital payment controls

By Shilpa Mankar Ahluwalia and Vrinda Pareek, Shardul Amarchand Mangaldas & Co
In February 2021, the Reserve Bank of India (RBI) issued the RBI (Digital Payment Security Controls) Directions, 2021 (master directions). The trigger for these regulations was the exponential growth of digital payments and the...
India Business Law Journal

Time for a new ball

As the tide of the pandemic turns, the government is returning to the task of making India a US$5 trillion economy by 2024-25. While many question if this is possible, India’s finance minister says achieving it will...
International-A-list

International A-List 2021

India Business Law Journal reveals the top 100 foreign lawyers for India-related matters View the A-List The arrival of covid-19 brought about a need for agility among international lawyers – to adapt to a reality...
Will-raising-FDI-cap-attract-foreign-insurers

Insurance in bloom

The foreign ownership cap for the sector is set to be raised to 74%, but prospective investors are waiting for details of yet-to-be announced 'safeguards' before they have a flutter. Freny Patel reports The proposal...
Proposed scale based governance frameworks for NBFCs

Proposed scale based governance frameworks for NBFCs

By Sawant Singh and Aditya Bhargava, Phoenix Legal
Non-banking financial companies (NBFCs) have grown rapidly, and are increasingly interconnected to capital markets and other components of the financial system. The dominance of NBFCs in the fintech space and the reliance that retail...

The power of the budget to reform

By Abhishek Nath Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
For an economy reeling from the effects of covid-19, the 2021 budget brought some hope. It contained announcements for the power sector, centred on power infrastructure. A sum of ₹3 trillion (US$41 billion) spread over...
Differential voting rights may finally be accepted, Nisha Mallik and Neha Mirajgaoker, Samvad Partners

Differential voting rights may finally be accepted

By Nisha Mallik and Neha Mirajgaoker, Samvad Partners
Companies that issue shares with differential voting rights (DVR) give those shares increased or decreased voting rights, compared to simple equity issues with one share carrying one vote Regulation(s) have been relaxed for the issue...
India shifts its focus in maritime arbitration, Gautam Khurana and Pankaj Kapoor, India Law Offices

India shifts its focus in maritime arbitration

By Gautam Khurana and Pankaj Kapoor, India Law Offices
Shipping is widely recognized as the first truly global industry, no longer limited to coastal countries. With the horizons of India’s vision of world trade widening, the resolution of shipping and maritime disputes will...
Disincentives to foreign investment in non-personal data, Asim Abbas and John Simte, L&L Partners

Disincentives to foreign investment in non-personal data

By Asim Abbas and John Simte, L&L Partners
Global internet-based companies have invested greatly in systems that allow them to harvest and monetise non-personal data. Their incentives to do so in India may soon be reduced. The Committee of Experts on Non-Personal...
Driver’s seat

Driver’s seat

The pre-pack insolvency resolution process allows corporate debtors to take the wheel and steer their way out of tricky situations, but its success will depend on how certain roadblocks are bypassed. Akaant KM reports Unprecedented times...
Harsh Aggarwal is general manager of legal, and Roma Arora is the joint general manager of legal at Havells

Eyes on the spies

General counsel need to keep a close eye out for unscrupulous anti-counterfeit agencies looking to take their companies for a ride. By Harsh Aggarwal and Roma Arora The trade in counterfeit and pirated goods worldwide...
With a rise in corporate misdeeds, the courts and the parliament are responding by necessity to the definition and treatment of executive liability in India

Businesses behaving badly

With a rise in corporate misdeeds, India's courts and parliament are rethinking the definition and treatment of executive liability, writes Vikramaditya Khanna India’s economic rise has been accompanied by greater revelations of corporate wrongdoing. Whether...
Retrospective domestic measures and international investment protection, Puneeth Ganapathy, Lakshmikumaran & Sridharan

Retrospective domestic measures and international investment protection

By Puneeth Ganapathy, Lakshmikumaran & Sridharan
In two cases in 2020, Vodafone and Cairn Energy, India lost significant arbitral awards. These awards followed retrospective measures imposed on foreign investments, despite bilateral investment treaties (BIT) that protect foreign investors from unfair...
Innoterra promotes India counsel to global role, Yashasvini Kumar

Innoterra promotes India counsel to global role

Yashasvini Kumar has been promoted to group general counsel and chief compliance officer at Innoterra, an Indo-Swiss food and technology platform, taking up a global role within the company. Kumar takes over from Peter Ackermann,...
Digital lending in India- Move towards regulation, Shilpa Mankar Ahluwalia and Vrinda Pareek, Shardul Amarchand Mangaldas & Co

Digital lending in India: Move towards regulation

By Shilpa Mankar Ahluwalia and Vrinda Pareek, Shardul Amarchand Mangaldas & Co
On 15 January 2021, the Delhi High Court directed the government and the Reserve Bank of India (RBI) to respond to a writ petition filed by Dharanidhar Karimojji (petition) seeking the regulation of digital...
Khaitan & Co gets TMT expert - Tanu Banerjee

Khaitan gets TMT expert

Tanu Banerjee has joined Khaitan & Co as a partner in the technology, media and telecommunications (TMT) practice at the firm’s Mumbai office.  Banerjee joins from IndusLaw, where she was a partner and had worked...
video

2021 to be exceptionally busy, says Cyril Shroff

The managing partner of Cyril Amarchand Mangaldas, in an exclusive conversation with India Business Law Journal, says innovation in the insolvency space, such as pre-packs, NCLT reforms and bad bank, will fuel deal activity Transcript: Q: What...

Future legal leaders

India Business Law Journal reveals 50 up-and-coming lawyers who are making a name for themselves in the profession Access The List In a year where leadership has never been a more crucial quality, India Business Law...
India Business Law Journal

Wisdom for a new year

Look very carefully before you leap As the recent furore about WhatsApp’s plans to update its privacy policy suggests, the devil can lie in the detail. Many among WhatsApp’s whopping 1.5 billion users have voted with...
Crypto-crossroads

Crypto crossroads

Much like its value, the regulatory journey of bitcoin has had its ups and downs in India. With the recent jump in value, how will regulators react? Sourish Mohan Mitra reports Trading in bitcoins has...
Not-Happy

Not happy

Amazon isn't smiling about the proposed Reliance-Future deal, arguing that it will call into question the enforcement of contracts in India. Freny Patel finds out whether its arguments hold water The world’s richest man, Jeff...
India law firms- deals of the year 2020

Deals of the Year

India Business Law Journal reveals the most significant deals and disputes of 2020 and the law firms that worked tirelessly in bringing them to fruition. By Rebecca Abraham The year gone by has been unlike...
The year ahead for PE deal making in India, Iqbal Khan and Amrita Rana, Shardul Amarchand Mangaldas & Co

The year ahead for PE deal making in India

By Iqbal Khan and Amrita Rana, Shardul Amarchand Mangaldas & Co
Despite the significant economic uncertainties brought on by the covid-19 pandemic in 2020, private equity (PE) deal activity in India over the past year has been distinctly characterized by a sharp upturn. PE investors...
Outsourcers are protected against IP infringement, Manisha Singh and Simran Bhullar, LexOrbis

Outsourcers are protected against IP infringement

By Manisha Singh and Simran Bhullar, LexOrbis
Many companies outsource manufacturing processes to third party entities or vendors. Such vendors are bound by the terms of agreements that define key aspects of the services they provide, including the use of the...
Legal risks and exposure for Japanese businesses, Rohit Kochhar, Kochhar & Co

Legal risks and exposure for Japanese businesses

By Rohit Kochhar, Kochhar & Co
India is ranked 63rd in the 2019 World Bank Global Ease of Doing Business Index. The complexity of laws, and lack of certainty and uniformity in their implementation, are challenging for traditionally conservative and...
A new beginning for NCDs and commercial papers, Sawant Singh and Aditya Bhargava, Phoenix Legal

A new beginning for NCDs and commercial papers

By Sawant Singh and Aditya Bhargava, Phoenix Legal
The Reserve Bank of India (RBI) recently introduced draft directions on the issue of commercial papers and non-convertible debentures (NCDs) with a maturity of less than one year. The regulatory framework for these instruments...
Navigating compliance with foreign anti-corruption legislation, Aparna Ravi and Srinivas Raman, Samvad Partners

Navigating compliance with foreign anti-corruption legislation

By Aparna Ravi and Srinivas Raman, Samvad Partners
Following the Walmart bribery case and other high-profile prosecutions against foreign corporations, foreign investors in Indian companies have become aware of the risks of corruption when doing business here. Foreign investors now require transaction...
Farm protests put electricity bill in jeopardy, Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors

Farm protests put electricity bill in jeopardy

By Abhishek Tripathi and Vedant Kumar, Sarthak Advocates & Solicitors
Farmers have completed 60 days of their protest on the Delhi borders. However, the deadlock between the government and the farmers is far from over. The protesting farmers have rejected the proposal to suspend...
Outlook for the education sector in 2021, Saurya Bhattacharya, HSA Advocates

Outlook for the education sector in 2021

By Saurya Bhattacharya, HSA Advocates
2021 is expected to be more stable, but more active than the previous black swan year. These are the main challenges facing the sector this year. The National Education Policy (NEP) with a 20-year time...
What the 2021 budget holds for business, Manoj Kumar, Hammurabi & Solomon

What the 2021 budget holds for business

By Manoj Kumar, Hammurabi & Solomon
The budget for 2021-22, which was unveiled on 1 February 2021, impacts a number of commercial sectors. In the corporate field, small companies are now defined as companies with paid up capital of ₹20 million...
RBI’s current account opening rules strengthen credit discipline, Nishtha Arora and Ayushi Parmani, SNG & Partners

RBI’s current account opening rules strengthen credit discipline

By Nishtha Arora and Ayushi Parmani, SNG & Partners
To improve credit discipline among borrowers, the Reserve Bank of India (RBI) issued a circular in August 2020 on the opening of current accounts (guidelines). Since May 2004, the RBI has required borrowers to...
States can grow through nurturing neo agriculture, Shantanu Jindel and Vidur Prabhakar, J Sagar Associates

States can grow through nurturing neo agriculture

By Shantanu Jindel and Vidur Prabhakar, J Sagar Associates
Setting up a company depends on how business people view circumstances. Factors such as infrastructure, stamp duty laws, domestic and international connectivity, the policies of state governments, the availability of labour and talent, and...
_SC-expands-role-of-informant-under-Competition-Law-

SC expands role of informant under Competition Law 

In a noteworthy judgment pronounced by the Supreme Court, the locus standi (right or capacity to bring an action or to appear in a court) of a person as an informant in matters pertaining...

Protection for fluid trademarks in India

In order to keep up with a changing world, some companies have used branding and advertising of fluid trademarks (i.e., logos), trade dress in particular. Brand owners have done this during covid-19, trying to...
SAM partner moves to BharatPe as GC

SAM partner becomes GC at BharatPe

Sumeet Singh, a partner in the general corporate practice at Shardul Amarchand Mangaldas & Co (SAM) in New Delhi, is leaving the firm to take up a role that combines legal and business functions at fintech...
Policy tweak

Policy tweak

The Draft Data Centre Policy 2020 is much needed for the digital economy, but could benefit from single window clearance, economic incentives and protections against misuse of data, writes PM Devaiah   The Draft Data...
White and Brief expands focus with new partners

White and Brief expands focus with new partners

Manu Varghese and Prashaant Vikram Rajput have joined disputes firm White and Brief as partners, expanding the practice areas it serves.  Varghese, a former partner from Cyril Amarchand Mangaldas (CAM), brings on board his experience...
Cash-strapped, Billing rates survey shows law firms are feeling the squeeze as clients demand fixed fees and discounts

Cash-strapped

Lawyers are feeling the pinch as clients weighed down by the pandemic push for lower legal fees. Vandana Chatlani reports Businesses worldwide ground to a screeching halt as covid-19 lockdowns paralyzed commercial activity for much...
Analyzing the PLI scheme for battery manufacturing, Dipti Lavya Swain and Esha Nair

Analyzing the PLI scheme for battery manufacturing

By Dipti Lavya Swain and Esha Nair, HSA Advocates
In a bold move, the government approved the production-linked incentive (PLI) scheme in advance chemistry cell (ACC) battery manufacturing on 11 November 2020 in addition to 10 other sectors. The scheme’s battery policy aims...
Competition law and problems of common ownership, Deeksha Manchanda and Vishnu Suresh

Competition law and problems of common ownership

By Deeksha Manchanda and Vishnu Suresh, Chandhiok & Mahajan
The Competition Commission of India (CCI) recently announced that it will study common ownership by minority shareholders through private equity (PE) funds and its impact on competition. This announcement has drawn attention to competition...
Better regulation arrives in foreign contribution law, Manoj Kumar

Better regulation arrives in foreign contribution law

By Manoj Kumar, Hammurabi & Solomon
The government recently notified the Foreign Contribution (Regulation) Amendment Act, 2020 (FCRA), amending the provisions of the Foreign Contribution (Regulation) Act, 2010 (act). Multiple cancellations of registrations owing to lapses in compliance with the...
NITI brings reality to the fantasy industry, Vaibhav Kakkar and Paayas Pandit

NITI brings reality to the fantasy industry

By Vaibhav Kakkar and Paayas Pandit, L&L Partners
The National Institution for Transforming India (NITI Aayog, a government think tank) has released a discussion paper on the regulation of online fantasy sports platforms. It comes at a crucial time. The gaming sector...
Profit not necessary before trademark infringement

Profit not necessary before trademark infringement

By Manisha Singh and Simran Bhullar, LexOrbis
An action may be instituted against trademark infringement even if the defendant has not yet generated sales from a product or service bearing the impugned mark. Madras High Court confirmed this in an interim...
RBI ending the party for dividends, Sawant Singh and Aditya Bhargava

RBI ending the party for dividends

By Sawant Singh and Aditya Bhargava, Phoenix Legal
Acting on its deserved reputation for hawk-eyed vigilance, in April 2020, the Reserve Bank of India (RBI) directed banks to refrain from making dividend payouts for the financial year ending 31 March 2020. This...
Reach for the sky

Reach for the sky

The aviation industry is poised for soaring growth after flying through the current turbulence, writes Boeing counsel Akhil Prasad The aviation industry has come a long way since the first commercial flight in India on...
Pulling the plug

Pulling the plug

The government's plan to cap foreign investment in digital media aims to control the influence of online news, and curb fake news, but the legislation leaves a lot of questions unanswered despite a clarification...
Reforms flagged for shareholding in private sector banks

Reforms flagged for shareholding in private sector banks

Promoters of private sector banks may be allowed to retain their share-holding up to 26% if the Reserve Bank of India (RBI) accepts suggestions of an internal working group (IWG) set up to review existing...
Baker's new APAC chair outlines India, regional strategies

Baker’s new APAC chair outlines India, regional strategies

Baker McKenzie recently appointed Michael Wong as its new Asia-Pacific chair, in charge of setting regional strategy for 17 offices in the region. Here he shares how the firm has been manoeuvring to help its...
India-top-100-lawyers-A-List-2020-cover-image

The A-List 2020

India Business Law Journal reveals the country’s top lawyers and legal icons ACCESS THE A-LIST 2020 Each year, the A-List seeks to recognize India’s most outstanding lawyers. This year required the country’s top lawyers to demonstrate...