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CCI’s hands tied in debt trustee dispute
India’s antitrust probe into the alleged collusion over fees charged by debt trustees of the State Bank of India, Axis Bank and IDBI Bank took a back seat following an intervention by the Bombay...
Insolvent financial service providers a class apart
When the Insolvency and Bankruptcy Code (IBC) was introduced in 2016, an exception was made under section 3(17) for financial service providers (FSP) to prevent them from being dragged into insolvency. The legislature has...
RBI recasts framework for microfinance providers
Microfinance regulation has previously focused on non-banking financial companies – microfinance institutions (NBFC – MFI), and not on other entities engaged in microfinance such as banks and other NBFCs. The Reserve Bank of India...
Private client models enter the modern world
Traditional family-run businesses are giving way to a new age of startups and technology-driven business models. Given India Inc’s desire for a global footprint, migration or foreign passports are now common. Many families and...
Fintech is the future of inclusive finance
The banking and financial services sector has long been a pioneer and centre of technological innovation, providing end-user banking and financial services. Fintech has emerged as a direct competitor to legacy banking, but has...
RBI to revise export-import payment aggregation framework
The Reserve Bank of India (RBI) on 7 April 2022, released draft guidelines for the processing and settlement of small-value export and import related payments facilitated by online export-import facilitators (OEIF) (draft guidelines). The...
Assured increase of FDI in the insurance sector
On 14 March 2022, the government issued Press Note 1 of 2022 allowing 20% foreign direct investment (FDI) through the automatic route in the Life Insurance Corporation of India (LIC) a corporation established and...
RBI relief for fintech’s credit report quandary
Reserve Bank of India's move to allow fintech companies to access credit information via credit bureaus is a positive move, but ownership and control issues remain unresolved, writes Kaushal Mathpal
A
s per the Reserve Bank...
Cryptic question
Viable alternative or Dutch tulip?
There should be little surprise that India continues to struggle with the knotty problem that is virtual currencies, which according to a May 2020 ruling of the Supreme Court, “elude...
DAOism: a new kind of faith
The idea for a decentralised autonomous organisation, where the rules are baked into its code with no management structure or board of directors, has emerged with the rise of blockchain technology. Andrew Godwin examines...
RBI raises FI cap under voluntary route
The Reserve Bank of India (RBI) issued a circular to raise the investment limit for foreign portfolio investors (FPIs) under the voluntary retention route (VRR) to INR2.5 trillion (USD32.93 billion). The earlier limit was...
Regulations to implement changes to Factoring Act
Factoring is considered an important source of short-term and working capital financing for micro, small and medium enterprises. It enables them to obtain upfront credit for invoices raised, without over-leveraging balance sheets. Factoring is...
Tightened norms for financial institutions
The Reserve Bank of India (RBI) has been gradually aligning the regulations applicable to banks and non-banking financial companies (NBFCs). Apart from implicitly recognising that NBFCs are fast narrowing the gap with banks in...
Giving credit greater access to data
Digital lending in India has grown exponentially over the past 24 months powered by lending partnerships between fintech platforms and regulated lenders. A key driver has been non-traditional credit analytics that rely on alternative...
Growing a conscience
Current events dictate that ESG considerations are increasing in importance for companies as well as regulators, warns Ashutosh Senger, lead counsel at Florence Capital
The challenges faced by societies due to the pandemic and the...
Meta ready to throw in towel
Facebook’s parent has threatened to call it quits in India as it fears the data privacy law could force it to modify or cease existing business practices.
On 2 February, Meta Platform expressed concerns in...
Regulatory landscape for debt capital markets
Rather than being overly prescriptive, applying an even-handed approach to regulations will better serve the SEBI’s overall goals, write Aditya Bhargava and Sristi Yadav
Traditionally, debt raising in India has been skewed to borrowings from banks. From a...
Deals of the Year
India Business Law Journal reveals the standout deals and disputes of 2021 and the law firms that worked hard to successfully conclude them
Even as the covid-19 pandemic continued to severely affect both the economy...
Cheques and balances
The number of criminal cases filed against cheque defaulters has overwhelmed India’s judicial system. One obvious solution is to decriminalise what is often a civil dispute, but lawyers aren’t convinced that’s the answer. George...
Offline digital transactions are now on point
Financial sector stakeholders keep a close watch on the release of statements from the Reserve Bank of India (RBI) on developmental and regulatory policies. These statements provide guidance on the RBI’s thought processes and...
SEBI introduces special situation funds
The Securities and Exchanges Board of India (SEBI) has introduced a new sub-category under alternate investment funds to recognise special situation funds (SSFs).
On 24 January 2022, the securities regulator notified the amended SEBI (Alternative...
India and Singapore relax over stressed assets
The Insolvency and Bankruptcy Code, 2016 (code) provides for the comprehensive rules-based resolution of insolvent corporate debtors, and has become a significant and successful means of stressed asset resolution. The success of the code...
RBI further extends deadline for deletion of card-on-file data
On 23 December 2021, the Reserve Bank of India (RBI) further extended for six months the deadline for removal of card-on-file (CoF) data. Payment aggregators (PAs) and merchants may thus continue to store customer...
Scale-based regulation for NBFCs – A pragmatic approach
Recognising the contribution of non-banking financial companies (NBFCs) to the banking system and the need to review the existing regulatory framework due to their changing risk profile, the Reserve Bank of India (RBI) in...
NBFCs are now subject to prompt corrective action
In October 2021, the Reserve Bank of India (RBI) released a scale-based regulatory framework for non-banking financial companies (NBFC) to tackle systemic risks posed by the sector. Continuing its steady march forward in aligning...
India’s path to carbon neutrality
The absence of a climate change law leaves pressing concerns for India’s achievement of emission reduction goals, write Priti Suri and Arya Tripathy
India is moving fast towards becoming the world’s most populous country, and...
India tackles the difficulties of regulating cryptos
Cryptocurrency regulation started in 2018 with the Reserve Bank of India (RBI) prohibiting banks from involvement in crypto-based transactions. The Supreme Court overturned the ban, leading to significant growth in the trading of cryptocurrency,...
RBI revises rules for securitisation of stressed assets
The Reserve Bank of India has revised its rules for securitisation and sale of loans to help banks improve liquidity and rebalance exposures.
The revamp expands the types of assets that can be transferred and...
New internal ombudsman scheme for NBFCs
In recognition of the systemic importance of non-banking financial companies (NBFC) in credit delivery and their integration into the financial sector, the Reserve Bank of India (RBI) issued directions on 15 November requiring NBFCs...
Jury out on fate of cryptos, NFTs
India stands on the cusp of a cryptocurrency boom even as a 2021 bill may scupper opportunities while also affecting prospects for non-fungible tokens, which are traded in cryptos. Raghavan Ramabadran and Sai Prashanth define the instruments and...
IBLJ In-house Counsel Awards
India Business Law Journal reveals the country’s leading in-house counsel and corporate legal teams in our very first awards. Gautam Kagalwala reports
Individual AwardsTeam Awards
For the inaugural India Business Law Journal In-house Counsel Awards, we...
Deals in brief
Ikigai, JSA assist crypto exchange on fundraise
Ikigai Law advised fintech company Primestack, which operates the cryptocurrency exchange CoinDCX, when it raised INR6.7 billion (USD90 million) in a series C funding.
The round was led by...
Clarity required on framework for new securitisation
Securitisation of standard assets is an important tool used by banks and financial institutions to increase liquidity in financial markets and to ensure access to loans and financial products for unbanked sections of society....
Unlocking new pastures for distressed investment in India
In the past half-decade, India has seen a great deal of investment and M&A activity in stressed assets. Large parts of this activity have focused on acquiring distressed companies through the Insolvency and Bankruptcy...
Card-on-file tokenisation introduced by RBI
On 7 September 2021, the Reserve Bank of India (RBI) issued a directive (CoF directive) extending the existing device-based framework for tokenisation to card-on-file tokenisation (CoFT).
The CoF directive followed the RBI’s decision in a...
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...
Ikigai, JSA assist funding of India’s first crypto exchange unicorn
Ikigai Law advised fintech company Primestack, which operates and maintains cryptocurrency exchange CoinDCX, when it raised INR6.7 billion (USD90 million) in series C funding.
The round was led by B Capital Group and included existing...
Antares, AZB, Khaitan advise on BharatPe fundraise
Antares Legal represented lending and digital payments startup Resilient Innovations, which operates as BharatPe, on its recent USD370 million series E equity fundraise led by new investor Tiger Global.
AZB & Partners advised Tiger Global,...
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....
Corporate and commercial e-interests yield to consumers
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...
Rupee reboot
With the central bank poised to begin the process of adopting an official digital currency, veteran finance adviser Shivanand Pandit assesses the checks and balances needed to safeguard the process
The lawfulness of cryptocurrencies in...
Microfinance framework overhaul a welcome move
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...
RBI issues advisory for Libor transition
With the UK’s Financial Conduct Authority (FCA) announcing that it will cease to provide the London interbank offered rate (Libor), the Reserve Bank of India (RBI) has issued an advisory to the banks on...
The challenges ahead for Libor transition
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...
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,...
SPACs: Why PIPE investments play a key role
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...
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...
How blockchain enhances efficiency in trade finance
Some Indian banks have formed the “Indian Banks’ Blockchain Infrastructure Company” (IBBIC), aiming to use blockchain technology for processing letters of credit (LC) in domestic transactions. The IBBIC is a world first in domestic...
When SPACs come knocking
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
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...
Cryptocurrencies unchained?
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...
Trust structures from an FDI perspective
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
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....
RBI bats for full interoperability for pre-paid instruments
The Reserve Bank of India (RBI) on 19 May 2021 issued a notification prescribing guidelines for mandatory interoperability for full KYC pre-paid payment instruments (PPIs). The notification is in line with the announcement by...
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...
Troubled MSMEs thrown a lifeline with pre-pack resolutions
The long-awaited Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021, (ordinance) has amended the Insolvency and Bankruptcy Code, 2016 (code), with the aim of reviving micro, small and medium enterprises (MSME). The ordinance has inserted...
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?...
Refund of unutilised input tax credits now the norm
The Finance Act, 2021, amended section 16 of the Integrated Goods and Services Tax Act, 2017 (IGST act). This second article examines the amended section 16(3) and section 16(4) by way of which a...
RBI restricts investments in NBFC from FATF non-compliant countries
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...
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...
Second proviso to IBC not needed
Recently in Manish Kumar v Union of India, the Supreme Court upheld the constitutional validity of all the provisos added to section 7(1) of the Insolvency and Bankruptcy Code, 2016(IBC), via the Insolvency and...
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...
Changes to directions on money markets are welcome
The Reserve Bank of India (RBI) introduced draft directions in December 2020 on call, notice and term money markets with “the objective of bringing consistency across products in terms of issuers, investors and other...
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
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...
FDI policy oversees trading on technology platforms
The buying and selling of goods and services on technology platforms has grown exponentially during covid-19. A technology platform connects buyers and sellers and facilitates commercial transactions between them. E-commerce platforms, under the FDI...
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...
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...
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...
Digital lending in India: Move towards regulation
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...
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...
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
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...
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...
A new beginning for NCDs and commercial papers
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...
RBI’s current account opening rules strengthen credit discipline
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
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...
RBI ending the party for dividends
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...
Changing regulatory landscape of AIFs
The regulatory framework governing alternative investment funds (AIF) has recently been amended in important ways, clarifying the regulatory intent of the Securities and Exchange Board of India (SEBI).
The first key amendment was the Securities...
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
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...
UPI transaction caps set for third party app providers
The National Payments Corporation of India (NPCI), the umbrella body responsible for the operation and management of the united payments interface (UPI), issued a circular dated 5 November 2020 on Guidelines on Volume Cap...
SEBI’s awkward two-step on recent changes
The Securities and Exchange Board of India (SEBI) recently introduced a series of changes to protect investors in listed issuance debt securities. The precursor to these changes was a little noticed amendment to the...
No tax on foreign companies if no core activity
Double tax avoidance agreements (tax treaties) made with various countries provide that business income of an enterprise which is a tax resident of a foreign country is taxable only if it has or is...
New agriculture laws: A win-win for businesses, farmers?
In September 2020, three controversial agricultural acts became law. They are the Farmers’ Produce Trade And Commerce (Promotion and Facilitation) Act, 2020 (Trading Act), the Farmers (Empowerment and Protection) Agreement on Price Assurance and...
Changes to account opening – Help or hindrance?
On 6 August 2020, the Reserve Bank of India (RBI) issued directions to banks to regulate instances in which current accounts and cash credit (CC) or overdraft (OD) accounts may be opened. Previously, companies...
Decree holders not financial creditors under IBC
The Insolvency and Bankruptcy Code, 2016 (IBC) was conceived as a solution to the growing problem of non-performing assets. Together with the Reserve Bank of India’s framework for the resolution of stressed assets, the...
Infra needs a development finance institution
A development finance institution (DFI), also known as a development bank or a development finance company, is one that provides funding for social development projects. Generally established and owned by governments or charitable institutions,...
A resolution framework for covid-19 related stress
The covid-19 pandemic has led to an economic slowdown. This has resulted in substantial financial stress on borrowers with an impact on their ability to generate cash flows. The Reserve Bank of India (RBI)...
Evolving doors
A reluctance to opt for litigation during the pandemic has seen new opportunities for arbitrators and other alternative dispute resolution practitioners. Shalvi Mehta assesses what should stay and what should go
Covid-19 and the subsequent...
Guarantors may be vulnerable to pandemic default risks
The government recognised the economic impact of covid-19 on businesses by enacting the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020. The ordinance, among other measures, inserted section 10A into the Insolvency and Bankruptcy Code,...
Not so bitter medicine for covid blues
The covid-19 pandemic and its subsequent lockdowns have resulted in a steep fall in revenue and income for both individual and corporate borrowers. Reflecting its well-earned reputation as a watchful, if perhaps over-eager regulator,...
Impact of covid-19 on project finance, banking transactions
Industry has been struggling to cope with the ongoing economic slowdown despite fiscal, monetary and other support from the government. Reduced availability of capital has impacted several industry sectors, one of which is infrastructure....
ICICI Lombard acquisition boosts insurer’s market strength
AZB & Partners advised ICICI Lombard General Insurance on its acquisition of the non-life insurance business of Bharti AXA General Insurance through a share swap deal.
Cyril Amarchand Mangaldas (CAM) advised Bharti AXA General Insurance...
Greener pastures
What is the best way for a law firm to manage the exit of a star partner? Six senior lawyers share their views with Vandana Chatlani
With the global economy firmly in the grip of...
Much needed alignment for housing finance companies
Housing finance companies (HFCs) have traditionally occupied a staid corner of the financial sector, providing loans to homeowners and for the development of the housing industry. As a sector, housing finance has also been...
Left without remedy
Creditors are in need of a credible mechanism for the resolution of covid-19-related distress until the suspension of the corporate insolvency resolution process is in place, writes Shardul Shroff
Effective from 5 June 2020, section...
IndusLaw hires expert to set up tax practice
Ritesh Kumar Talreja has joined IndusLaw to set up and lead the firm’s direct taxes practice group in Bengaluru. He joins from Ernst & Young, where he was a director at its Bengaluru branch.
Talreja...
AZB advises struggling Yes Bank on US$2bn FPO
AZB & Partners advised Yes Bank on its ₹150 billion (US$2 billion) further public offering of equity shares that launched on 15 July, while IndusLaw advised the eight bookrunning lead managers on Indian law...
L&L advises sellers of Odisha stake to Adani Power
L&L Partners advised AES India and AES OPGC Holding, both subsidiaries of New York-listed AES Corporation, when the two companies signed agreements for the US$135 million sale of their 49% stake in Odisha Power...
Blue Star issues maiden unsecured NCDs
Khaitan & Co acted as transaction counsel to air conditioning and refrigeration company Blue Star in relation to their maiden issuance of rated, listed, unsecured, redeemable, non-convertible debentures aggregating to US$46.9 million on a...
Awkward regulatory tango over COVID-19 relief
The COVID-19 pandemic and its dampening effects on economies has compelled governments and regulators to introduce innovative measures, in particular to restore stakeholder confidence in financial markets. Among Indian regulators, the Reserve Bank of...
COVID-19, IBC suspension and operational creditors
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 (ordinance), provides that no application to start a corporate insolvency resolution process (CIRP) in respect of a corporate debtor may be made for any default arising...
COVID-19 moratorium package: An RBI safe haven
The relentless and rapid spread of COVID-19 during the last quarter has severely impacted economies the world over, including that of India. The Reserve Bank of India (RBI), has recognized the challenge faced by...
Slowing the free fall
Taking stock of the relief measures deployed by regulators to soften the impact of the lockdown. Gautam Kagalwala reports
With the COVID-19 outbreak, the government has been fighting on two fronts. It has introduced a...
Supreme Court quashes RBI ban on cryptos
The Supreme Court in a recent judgment set aside the ban imposed by the Reserve Bank of India (RBI), through its circular dated 6 April 2018, which prohibited its regulated entities (i.e., financial institutions...
Indian Law Firm Awards 2020
The 2021 Indian Law Firm Awards is out. Click here to see "Indian Law Firm Awards 2021"
And the winners are ... Rebecca Abraham reports
Companies and law firms across India have been grappling with a...
Online payment players are now under the RBI
After first raising its intention to bring payment aggregators (PA) and payment gateways (PG) under its regulatory purview in its discussion paper of September 2019, the Reserve Bank of India (RBI) on 17 March...
Virtual currency trade sees challenges with FDI
On 4 March 2020, the Supreme Court (court) quashed the Reserve Bank of India’s (RBI) circular of 6 April 2018 prohibiting entities regulated by the RBI from dealing in virtual currencies (VC) or providing...
Cryptocurrencies avoid a KO and win on points
After five years of studying the global development of virtual currencies (VC), the Reserve Bank of India (RBI) in April 2018 issued a circular under the Banking Regulation Act, 1949 (BRA), the Reserve Bank...
Net tightens for promoters of corporate debtors
2020 has witnessed two legal developments that will impact the recovery strategies of operational creditors in India. The first development is the insertion of section 32A into the Insolvency and Bankruptcy Code, 2016 (code),...
What’s in store for M&As in a post COVID-19 economy
The economy has come to a halt in the current unprecedented situation. Apart from medical and essential service providers, labour and capital have been idle during the coronavirus-induced lockdown, and the world economy seems...
RBI provides COVID-19 relief; others yet to catch up
A “black swan event” such as the current COVID-19 crisis is beyond the risk management capabilities of financial institutions as well as regulators such as central banks that oversee them. In such situations, it...
COVID-19: Conundrum for borrowers and lenders
The COVID-19 pandemic has caused significant disruption and slowed down the economy. In the finance sector the ability of borrowers to perform their obligations under financing agreements has been severely impacted. In light of...
Yes Bank reconstruction scheme ready
The government has approved the reconstruction scheme for Yes Bank with many leading banks participating in the revival effort including the country’s top public sector bank, State Bank of India (SBI).
As part of the...
A chaotic situation in cross-border demergers
In December 2019, the National Company Law Tribunal (NCLT) in the matter of Sun Pharmaceutical Industries held that the Companies Act, 2013 (act), read with the Foreign Exchange Management (Cross Border Merger) Regulations, 2018...
A speedy resolution scheme for Yes Bank
Other than in the 2008 global financial crisis, bank insolvencies have been rare. The few instances where domestic banks have run into trouble have been dealt with swiftly and without any loss to depositors...
Bias towards enforcement of foreign awards
Disputes arose between joint venture partners for the control of Ravin Cables Ltd. Prysmian, the Italian partner, invoked arbitration under the London Court of International Arbitration (LCIA) rules alleging material breaches by the Indian...
Legal and financial plans beyond COVID-19
COVID-19 has presented challenges that nobody could have envisaged three months ago. Each day existing as well as future challenges become larger. We need to fight the current difficulties and keep ourselves safe from...