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Trans-border Toyota trumps prior Prius
One of the first and biggest trademark disputes in the auto segment has come to an end after seven years, with the final Judgment passed by the Delhi High Court on 8 July 2016,...
Framework legitimizes the role of defence agents
Engagement of agents in the Indian defence sector has historically been fraught with regulatory complexity and uncertainty. Previously, the regulatory framework surrounding the engagement of agents bore the imprint of the infamous three decade...
Is standard arbitration clause valid in insurance contracts?
More insurance companies are choosing to use standard arbitration clauses in their insurance contracts, allowing their preferences for confidentiality to be satisfied and giving them more efficient control over the management and resolution of...
Compliance advised on labour protection measures
On 25 July 2016, China’s Ministry of Human Resources and Social Security (MOHRSS) issued the Measures on Evaluating and Rating Enterprises’ Compliance and Credibility of Labour Protection, which will come into effect on 1...
The legal system in Indonesia despite economic challenges
Despite economic challenges and an often precarious legal landscape for foreigners, Indonesia is making best efforts to rebuild itself and break ties with the past, writes John Church
To a great extent the future for...
HKIAC and arbitration in Asia: Japan, Singapore, India and Hong Kong
The battle for global supremacy in an industry of conflict avoidance is opening new fronts in Asia, where a fierce duel is ongoing, writes Paul Campbell
Hong Kong International Arbitration Centre’s (HKIAC) newly appointed secretary-general Sarah...
A view to the East
India’s desire to strengthen trade ties with its Asian neighbours may bear fruit as investment channels open up, but legal and cultural hurdles need to be cleared
Vandana Chatlani reports
“MY GOVERNMENT has moved with a great...
Unity in Asia?
A new institute was formed earlier this year to champion the cause of business law convergence in the region. A key supporter, Singapore’s Chief Justice Sundaresh Menon, tells John Church about the possibilities
One could be...
Deal shields
M&A insurance is a growth industry in Asia as corporate buyers wise up to the value of protetcion from transaction risks, writes James Kelly
Risky business is forecast to be big business for those offering...
Drafting effective arbitration clauses
Smooth conduct of arbitration requires a well-drafted arbitration clause, which must not only be enforceable but also conducive to speedy dispute resolution and tailor-made to minimize procedural disputes.
Ad hoc arbitration gives the parties more...
Managing international arbitrations
Efficiency is a top priority for users of international arbitration and is one of the reasons why they select arbitration over litigation. Due to the increasing complexity of international arbitrations – which often involve...
Failure to specify seat may cause problems
In a recent PRC case, the Taizhou Intermediate People’s Court refused enforcement of an ICC award on grounds of public policy because the court had previously held that the arbitration clause was invalid. This...
Inaugural SICC decision turns up heat on coal contract
The first written judgment of the Singapore International Commercial Court (SICC) provides insight into Singapore’s approach to contractual interpretation. The case involved a joint venture dispute between parties in Australia and Indonesia, with associated...
Improper service poses enforcement risk in China
Improper service in arbitration proceedings has been commonly relied upon as a ground by PRC courts to set aside or refuse enforcement of arbitral awards made in China or overseas. What is less clear...
Misconception over foreign arbitral awards in Indonesia
Indonesia has been a signatory to the New York Convention (1958 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards) since 1981. Nonetheless, the question of whether it is possible to enforce...
Asia’s in-house legal counsel changes – 2016
JAPAN
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WHITE COLLAR CRIME ADDRESSED
The Japan In-House Counsel Network’s (JICN) September meeting is hosted by Paul Hastings partner Hiroyuki Hagiwara, with the topic of international aspects of white collar crime.
Apart from expertise in complex litigation...
Beijing court denies first ‘right to be forgotten’ case
The Haidian District Court of Beijing recently denied an employee’s request to remove the link between his name and that of his previous employer, which has a reputation for being involved in fraud. This...
New rules for drones take off in Australia
On 24 March, Australia’s Civil Aviation Safety Authority (CASA) registered amendments to the Civil Aviation Safety Regulations 1998, which govern unmanned aircraft such as drones. These amendments will take effect on 29 September 2016.
Purpose...
Vietnam draft decrees improve insurance legal environment
The Vietnamese government is proposing a comprehensive review and reform of the insurance legal framework covering all legal aspects, from corporate establishment and operations to financial and investment regimes, and available for insurers, insurance...
Thailand’s foreign business act: Liberalization continues?
Foreign investors may find doing business in Thailand easier if proposed ministerial regulations come into effect. Two exciting points to note regarding exemptions from the foreign business licence requirement are:
• Earlier this year, ministerial...
BKL sets up shop in Yangon
South Korean firm Bae Kim & lee (BKL) has opened an international office in Yangon to provide services in areas including foreign investments, real estate development projects, M&A negotiations and licensing, and assist companies...
Legal news in brief
CMS BACK IN HONG KONG
International commercial firm CMS Hasche Sigle recently opened a Hong Kong office focusing on dispute resolution and mergers and acquisitions (M&A).
The firm last had a presence in Hong Kong via...
Japanese big fish ties up with Thai firm
Mori Hamada & Matsumoto is to integrate with Thailand's Chandler & Thong-ek Law Offices in a process that will be completed by January 2017. The new operation in Thailand will be called Chandler MHM...
Advisers present report on draft liberalization rules
A report prepared by Hammurabi & Solomon, the Indian National Bar Association (INBA) and Medhaadvisors, on the draft Bar Council of India (BCI) Rules for Registration and Regulation of Foreign Lawyers in India, 2016,...
MAS roadmap updates old payment regulations
The Monetary Authority of Singapore (MAS) has laid out plans to develop a working regulatory framework targeting electronic payments, and to update older laws on money changing and payment systems into a single piece...
HSF legal services strategy continues with launch in Shanghai
Herbert Smith Freehills has launched a legal services office in Shanghai, a first for China. The office will run low-cost legal services and support dispute and transactional matters in Asia, according to reports. The...
The new fund in the room in HK
Hong Kong has recently seen the establishment of the Elephant Club Consumer Debt Fund, the city’s first hybrid fund linked to a peer-to-peer (P2P) lending platform, a structure that might be popular in Hong...
Big increase in China outbound pharma M&A
Shanghai Fosun Pharmaceutical (Group), a leading Chinese healthcare provider, will acquire an approximate 86% stake in Indian pharmaceutical company Gland Pharma for US$1.26 billion. This is the largest overseas acquisition ever made by a...
Norton rose sees Malaysian LNG deal through for JX Nippon
Norton Rose Fulbright advised JX Nippon Oil & Energy Corporation on the acquisition of a 10% stake in Petronas LNG 9 (PL9SB), a wholly owned subsidiary of Petronas valued at more than US$400 million.
Norton...
Japan’s M3 takes stake in Health Impetus
Japanese medical web portal company M3 has acquired a majority stake in Health Impetus, an Indian company that focuses on niche areas of the healthcare industry.
M3 acquired the stake by purchasing shares from Health...
Morgan Lewis takes Dentons talent for regional expansion
A partner in Morgan Lewis & Bockius’ newly opened Shanghai office said the firm would continue to consider further growth and expansion opportunities in Asia in line with client needs.
Corporate transactional partners Mitch Dudek,...
Brexit may cause trade swing to Asia
As law firms scramble to explain possible Brexit scenarios to clients, some analyses say the Asian region is set for a trade windfall from the UK’s exit from the EU.
According to Anna Elliott, a...
Clear insight
Shining a light on the bigger picture
Welcome to the second issue of Asia Business Law Journal. We hope you enjoyed our inaugural issue and found useful items of interest within its pages. Many thanks,...
Foreign Corrupt Practices Act
The premier legal & regulatory anti-corruption compliance event.
For our readers, quote 'P10-999-CBLJ17' to obtain your delegate discount
Hermawan Juniarto & Partners
Hermawan Juniarto & Partners
ESTABLISHED IN 2005
Total number of professionals: 25
Number of partners: 4
Principal office: Jakarta
Firm overview
Hermawan Juniarto was first established in 2005 before changing into Hermawan Juniarto & Partners when it joined Deloitte Legal network in...
ASIA BUSINESS LAW DIRECTORY
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What’s fair when calculating TM infringement damages?
The Guangdong Provincial Higher People’s Court recently rendered an appeal judgment ordering the defendant, New Balance Trading (China) (NB China) to immediately cease infringing upon Zhou Lelun’s registered Chinese trademarks “百伦” (“Balance”, as in...
Aggressive strategy meets brand protection challenge
Since leaving the familiarity of the bench to become an intellectual property (IP) lawyer, the author has frequently heard the pessimism and negativity of persons when discussing protection by foreign companies of their brands...
Financial leasing insurance and methods of risk control
A financial leasing contract refers to the contract under which the lessor, based on the selection of the seller and the leased property by the lessee, purchases the leased property from the seller for...
State-owned property transfers in corporate M&A
State-owned properties, broadly speaking, are various forms of property that arise as a result of state-made investments. Corporate mergers and acquisitions (M&A) are generally divided into asset and equity M&A. As asset acquisitions involve...
Perfecting design strategies for performance bond mechanism
Performance bond mechanism design is an important part of the government drafting of public-private partnership (PPP) project tender documents. To ensure that investors and project companies perform according to what has been agreed, lawyers...
China establishes a fair competition review system
On 1 June 2016, the State Council published its Opinions on Establishing a Fair Competition Review System in the Development of the Market Regime, demonstrating that China has formally established a fair competition review...
Domestic arbitration solution for looming OBOR disputes
Connectivity of the infrastructure in China and the 64 countries along the Silk Road economic belt and the 21st-century Maritime Silk Road (the Belt and Road) is an important support for implementing the “One...
Revised draft tightens regulation of internet unfair competition
As a fundamental piece of legislation regulating market competition in China, the Anti-Unfair Competition Law has played a significant role in maintaining fair market competition since its promulgation in 1993. In recent years, new...
Case studies for doctrine on jurisdiction in mainland
Mainland China sets stringent conditions for the application of the doctrine of forum non conveniens (see MHP’s column in the July/August 2016 issue of China Business Law Journal). The author searched on the retrieval...
Enforcing foreign arbitral awards in UAE
China is Dubai’s largest – and the UAE’s second-largest – trading partner, with annual trade set to reach US$60 billion by the end of 2016, according to the UAE government. The dispute resolution method...
Swiss welcome mat out for Chinese buyers
In many parts of the Western world there are still quite a few prejudices against Chinese buyers of Western companies – they often are feared as asset strippers, technology transferors and tough employers.
Not so...
Fintech and smart contracts
JUST AS 'SMARTPHONE' has become the buzzword of the telecommunications and computer sector, “fintech” has become the buzzword of the financial sector. This column discusses the impact of fintech on the provision of financial...
ACI’s 5th Advanced China Forum on Import Compliance
5th Advanced China Forum on Import Compliance is on June 12th 2017 at the Langham Shanghai
3rd Benchmarking Seminar on Third Party Anti-Corruption Risks in China is on June 13th, 2017 at the Langham Shanghai
10th...
ACI’s 10th China Forum on Anti-Corruption
5th Advanced China Forum on Import Compliance is on June 12,th 2017 at the Langham Shanghai
3rd Benchmarking Seminar on Third Party Anti-Corruption Risks in China is on June 13th, 2017 at the Langham Shanghai
10th...
ACI’s 3rd Benchmarking Seminar on Third Party Anti-Corruption Risks in China
5th Advanced China Forum on Import Compliance is on June 12,th 2017 at the Langham Shanghai
3rd Benchmarking Seminar on Third Party Anti-Corruption Risks in China is on June 13th, 2017 at the Langham Shanghai
10th...
IBLJ – February 2013
Volume 6, Issue 7
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Highlights:
2012 Indian Law Firm Awards
The importance of good legal drafting
The challenges behind Bharti Infratel’s IPO
In this issue
IBLJ – March 2013
Volume 6, Issue 8
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Highlights:
How to revive India’s flagging infrastructure sector
Mauritius eyes new horizons
Are lawyers ignoring their spirituality?
Complying with new public shareholding rules
In this...
IBLJ – April 2013
Volume 6, Issue 9
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Highlights:
50 Indian IP firms you should know about
A test case for standard-essential patents
What in-house counsel want from law firms
The global...
IBLJ – May 2013
Volume 6, Issue 10
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Highlights:
The key bills passing through India’s parliament
Jumping through hoops in Asia-Pacific
Interview with InterGlobe’s general counsel
African reforms: game-changer for India...
IBLJ – June 2013
Volume 7, Issue 1
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Highlights:
Is India’s competition watchdog up to the task it has set itself?
Scrutinizing India’s solar power policies
The top foreign law firms for...
IBLJ – July/August 2013
Volume 7, Issue 2
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Highlights:
Rising to the challenge of a falling rupee
Behind the Suzlon restructuring
Life at the IPAB after Prabha Sridevan
In-house profile:...
IBLJ – September 2013
Volume 7, Issue 3
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Highlights:
Taxation nightmares spook investors
Drilling into oil and gas contracts
Evaluating India’s new Companies Act
The changing face of outbound investment
In this issue
IBLJ – October 2013
Volume 7, Issue 4
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Highlights:
Top lawyers talk candidly about economic revival
Survey of law firm billing rates
How secure are your IT systems?
Managing the uncertainties of...
IBLJ – November 2013
Volume 7, Issue 5
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Highlights:
Arbitration fails to prevail over litigation
Intellectual property mind games
A call to improve ECB regulations
Legal Process Outsourcing Awards
Mobile commerce: mitigating...
IBLJ – Dec 2013/Jan 2014
Volume 7, Issue 6
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Highlights:
Power shifts to in-house counsel
India in 2014
Deals of the Year 2013
Private equity: delivering the dream
New directions for independent directors
In...
IBLJ – February 2014
Volume 7, Issue 7
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Highlights:
Legal challenge threatens Jet-Etihad deal
Indian Law Firm Awards
When bank guarantees go to court
Behind the scenes of the Mylan-Agila deal
Complying...
IBLJ – March 2014
Volume 7, Issue 8
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Highlights:
Three voices from corporate legal teams
Why India’s labour laws need work
Complying with advertising regulations
Upping the stakes in your Indian subsidiary
...
IBLJ – April 2014
Volume 7, Issue 9
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Highlights:
Temple prevails in geographical indication fight
Intellectual property in numbers
Complying with new CSR provisions
UK Bribery Act: trouble ahead for India Inc?
In...
IBLJ – May 2014
Volume 7, Issue 10
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Highlights:
Tips from practitioners and in-house counsel
Managing risk in uncertain times
The IP threats facing Indian globetrotters
Getting to grips with the new...
IBLJ – June 2014
Volume 8, Issue 1
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Highlights:
Modi’s landslide: What now for the business of law and the laws of business?
Shedding assets in times of trouble
Going the extra...
IBLJ – July/August 2014
Volume 8, Issue 2
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Highlights:
What Modi’s reforms mean for foreign investors
India Business Law Directory, 2014
The nitty gritty of India’s annual budget
Why judges should...
IBLJ – September 2014
Volume 8, Issue 3
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Highlights:
Infrastructure climbs to the top of the agenda
Reviving foreign investment
Protecting minority shareholders
Singapore seeks to settle Indian disputes
Members only: The...
IBLJ – November 2014
Volume 10, Issue 2
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Highlights:
In-house counsel trade tips on IP protection
Plugging gaps in legal education
Legal Process Outsourcing Awards
Latin America opens doors for Indian...
IBLJ – October 2014
Volume 8, Issue 4
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Highlights:
Moves to make India’s arbitration law fit for purpose
Survey of law firm billing rates
Examining Enercon: a failed joint venture
Protecting deal...
IBLJ – Dec 2014/Jan 2015
Volume 8, Issue 6
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Highlights:
Opening up? Liberalizing the legal market is back on the agenda
India in 2015
Deals of the Year 2014
Practitioners’ pro bono pursuits
...
Getting to grips with GST
Companies must prepare for challenges as India overhauls its tax regime with the introduction of a goods and service tax in 2017
Rebecca Abraham reports
India’s notoriously difficult to navigate tax regime is to get a much needed...
Seeing eye to eye
Nikhil Patel examines the role of trust and cultural perception in the game of negotiation
An article I read recently referred to a study conducted by the Kellogg School of Management on the profound influence...
Blazing a trail
The Indian Corporate Counsel Association pays tribute to the leading lights of India’s in-house legal community in its new book, Trailblazers, writes Vandana Chatlani
Not long ago, India’s in-house lawyers were the legal community’s forgotten children;...
One nation, one tax: But not one taxable person
Last month, the 122nd Constitution Amendment Bill was passed in the Rajya Sabha, India’s upper house of parliament. This has been a historic amendment and the most significant step in the progress towards a...
Municipal bonds as a way to fund smart city projects
Government grants and multilateral agency loans will cover a mere fraction of the total cost of India’s Smart Cities Mission projects. Thus various other sources of financing are being encouraged, including municipal bonds (muni-bonds)....
Much needed progress seen in debt recovery laws
While the passage of the goods and sales tax (GST) bill has stolen the limelight, much was achieved by lawmakers in a productive monsoon session of the Indian parliament. An unheralded achievement is the...
E-commerce valuations: To invest or not to invest?
In recent years, India has seen startups mushroom in the e-commerce sector. Boosted by cheaper data and penetration of smartphones to more households, mobile users today have greater access to e-commerce portals. The rapid...
Rattled by rent
Obsolete rent control laws are holding back real estate markets in urban India
Harsh Aggarwal reports
Real estate has been sought after and fought over through the ages. But in recent decades the tussles between...
Shops and establishments: 2016 model bill explained
Labour and employment laws in India are complex. Private employers need to ensure compliance with all of the central and state labour and employment laws that may be applicable to their industry and/or employees.
The...
Negotiating joint ventures in FDI restricted sectors
The foreign direct investment (FDI) policy announced by the Department of Industrial Policy and Promotion regulates the extent of FDI permitted across various sectors in India. While due to progressive liberalization in the FDI...
New round of liberalization follows annual policy recap
On 24 June, merely two weeks after the issue of the annual consolidated foreign direct investment (FDI) policy, the government issued a press note (PN 5) introducing amendments that include several relaxations to the...
Disputes arising out of a trust deed not arbitrable
The Supreme Court in its recent judgment in Vimal Kishor Shah & Ors v Jayesh Dinesh Shah & Ors held that disputes relating to trusts, trustees and beneficiaries arising out of the trust deed...
Bankruptcy Code’s impact on ease of doing business
The World Bank’s Doing Business Report, 2016, ranks India 130 among 189 economies on “ease of doing business”. One of the sub-indexes on which the ranking depends is resolving insolvency. It is interesting to...
Equitable mortgages in the present day scenario
With the development of trade and commerce, and of banking and finance practice in particular, the doctrine of equitable mortgage has progressed exponentially, presenting a lot of challenges for lenders and borrowers. Discussed below...
IBLJ – February 2015
Volume 8, Issue 7
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Highlights:
The complexities of closing a factory in India
Indian Law Firm Awards
How Tata tapped the debt markets
Why Indian firms are eyeing...
IBLJ – March 2015
Volume 8, Issue 8
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Highlights:
Implications and action points for in-house counsel
Preparing for the introduction of GST
The challenges facing India’s legal profession
Correcting gender imbalances in...
IBLJ – April 2015
Volume 8, Issue 9
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Highlights:
Faces behind the marks: Brand managers reveal hopes, fears and preferred law firms
Trademark troubles
Glenmark’s battle with Merck
The mechanics of a...
IBLJ – May 2015
Volume 8, Issue 10
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Highlights:
Tips for success when tapping India’s capital markets
The risks of media meddling in trials
Professional indemnity cover gains ground
50+ Indian law...
Resolvable clash?
The Tata-Docomo case highlights the conflict between party autonomy and public policy in international commercial arbitration
Priyanka Dasgupta explains
Although international commercial arbitration is increasingly popular as a means of dispute resolution in cross-border transactions, there continue to...
Catching the counterfeiters
Abhai Pandey and Omesh Puri on why greater enforcement machinery is vital to fight the fakes
With the advent of online marketplaces and the opening up of international trade on those platforms, counterfeiting in India...
Fake in India
Bharat Dube and Frank Rittman discuss the menace of counterfeiting in India and provide tips for brand owners and general counsel on how to fight it
In June, Jack Ma, chairman of the Alibaba Group, infamously stated at...
Trust disputes are not arbitrable in India
Allowing an appeal in Shri Vimal Shah & Ors v Mr Jayesh Dinesh Shah & Ors, the Supreme Court has held that disputes relating to trusts, trustees and beneficiaries arising out of the trust deed and...
Youtube cannot host content that violates any law
In Tata Sky Ltd v YouTube LLC & Ors, Delhi High Court has held that in terms of rule 3 (1)(e) of the of the Information Technology (Intermediaries Guidelines) Rules, 2011, YouTube is obliged...
Landowner in a development agreement is a consumer
Allowing an appeal in Bunga Daniel Babu v M/S Sri Vasudeva Constructions & Ors, the Supreme Court held that a landowner who had entered into an agreement with a developer to build on his...
Indefinite blacklisting of a company is unlawful
Allowing an appeal in BC Biyani Projects Pvt Ltd v State of Madhya Pradesh and Others, the Supreme Court has held that a permanent order for blacklisting a company is impermissible in law.
The court...
Essentiality of tender notice terms a matter for employer
Allowing an appeal in Central Coalfields Limited & Anr v SLL-SML (Joint Venture Consortium) & Ors, the Supreme Court held that an employer’s decision about whether a term in a notice inviting tender (NIT)...
IBLJ – June 2015
Volume 9, Issue 1
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Highlights:
Clash of the titans: Recruitment frenzy as Shroffs vie for dominance
How Bangalore’s legal market is changing to meet demand
Flaws exposed in...
IBLJ – July/August 2015
Volume 9, Issue 2
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Highlights:
Nestlé’s noodle nightmare: Maggi fiasco rings alarms over regulatory ambiguity
Criminalizing civil disputes
Embracing biodiversity
Grappling with the regulation of bitcoins
India...
IBLJ – September 2015
Volume 9, Issue 3
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Highlights:
Roadblock to reform: Why rampant rule breaking is holding India back
Patent pulse with Natco and Cipla
How the government selects law firms...
IBLJ – October 2015
Volume 9, Issue 4
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Highlights:
Breaking bottlenecks: Strategies for speeding up dispute resolution
The rampant rise of forum shopping
75 Indian law firms reveal their hourly fees
Lawyers...
IBLJ – July/August 2016
Volume 10, Issue 2
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Highlights:
India’s patent predicament: The battle between innovators, multinationals and the public
Marks in trouble: Navigating Nepal’s trademark laws
Singapore’s chief justice in...
CBLJ – September 2016
Volume 7, Issue 8
Highlights:
Brain Campaign: What companies need to know about exploiting foreign tech ideas
M&A, hot & cold: Different challenges facing domestic and foreign investors
Eagle eyes: Key compliance issues US-listed Chinese companies need to know
Two-step...
CBLJ – July/August 2016
Volume 7, Issue 7
Highlights:
Steady hand on the tiller: Regulators seek to calm fickle economic climate
Corporate counsel need to reshape their role
Changing tack: Chinese law firms travel in new directions
Tough times: Facing challenges, international law firms...
Brain Campaign
Overseas technologies are the intellectual prizes of nations, and not exactly low-hanging fruit for Chinese buyers, but purchases are not as difficult as they may seem.
Richard Li reports
The China National Chemical Corporation’s (ChemChina) planned US$43...
Use the highway: quicker patent grants in Mexico
The Mexican Institute of Industrial Property (IMPI), like many patent offices around the world, has a lag in patent examinations, which is why since 2011 it has signed a number of bilateral agreements with...
M&A: Hot & Cold
M&A is an effective way to achieve fast growth for domestic enterprises and foreign investors in China, but the surge in activity is a one-sided affair.
Felix Gao finds out why
Mergers and acquisitions (M&A) activity is red-hot...
Analysis of key trends in domestic acquisitions
The promotion and implementation of the reform of the mixed ownership economy of state-owned enterprises (SOEs), supply-side structural adjustment and private enterprise market integration cannot be dissociated from acquisitions and restructurings.
The main legal issues...
Eagle eyes
Just how receptive are US capital markets to Chinese issuers? And what major legal and compliance issues do Chinese companies need to consider before exposing themselves to the scrutiny of US regulators?
Vanessa Ip reports
In 2014, Alibaba made...
Legal effect of minimum guarantee undertaking
When a listed company makes a private placement, the majority shareholder or actual controller will often give an undertaking of minimum guaranteed returns to the placement targets in order to ensure the success of...
Exploring compliant methods of bypassing preemptive right
The term “shareholder right of first refusal” – or preemptive right – means that when a shareholder of a limited liability company wishes to transfer any of his equity to a third party, the...
Limit increased for foreign investment in stock exchanges
On 27 July, India’s cabinet approved the increase of foreign shareholding limits from 5% to 15% in Indian stock exchanges, depositories, banking companies, insurance companies and commodity derivative exchanges. The cabinet also approved the...
Indian residents permitted to sell options against contracted exposures
The Reserve Bank of India has permitted resident exporters and importers of goods and services to write (sell) standalone plain vanilla European call and put option contracts against their contracted (i.e. covered call and...
Rules for overseas debt instruments clarified
In a circular on 29 June, the Securities and Exchange Board of India issued a clarification stating that those who have subscribed to overseas debt instruments (ODIs) under foreign institutional investor regulations can continue...
India and Cyprus agree on tax treaty amendments
On 1 July, the Central Board of Direct Taxes issued a press release stating that India and Cyprus had reached in-principle agreement on all pending issues concerning the India-Cyprus tax treaty, including the source-based...
Withholding tax rules eased for non-residents
The Income Tax Rules, 1962, have been amended so that non-residents no longer have to obtain and furnish a permanent account number (PAN) to enjoy the benefits of lower withholding tax rates.
Under the amendment,...
Foreign tax credit rules notified
On 27 June, the Central Board of Direct Taxes notified rules prescribing the manner in which credit for foreign taxes paid by a tax resident of India may be obtained. The rules provide for...
CBDT issues draft rules for buyback tax
Under section 115-Q of the Income Tax Act, 1961, a buyback tax at the rate of 20% is levied on distributed income arising out of a buyback of unlisted shares of a company. The...
SEBI amends listing obligations and disclosure requirements
The Securities and Exchange Board of India (SEBI) has amended the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, through the SEBI (Listing Obligations and Disclosure Requirements) (Second Amendment) Regulations, 2016. The amendment has...
