Corporate Amicus

2024

2023

2022

2021

2020

2019

2018

2017

2016

2015

Corporate Amicus, September 2024

The article in this issue of Corporate Amicus provides a detailed discussion of a recent Bombay High Court decision in Asset Auto v. UoI, which reviews the discretionary power provided to the Regional Director of the central government in respect of fast-track mergers provided under Section 233 of the Companies Act, 2013. According to the High Court, the Regional Director does not have the power to outrightly reject the scheme. It was held that the Regional Director should form an opinion that the scheme is not in public interest or in the interest of creditors and strictly follow the conditions to file an application before NCLT, instead of outrightly rejecting the scheme.

Corporate Amicus, August 2024

The article in this issue of Corporate Amicus discusses both the ways at length along with illustrations, etc. It also analyses for this purpose pricing guidelines set forth in the Foreign Exchange Management (Non-Debt) Instruments Rules, 2019 and possible routes out of the hurdle caused by the Rules

Corporate Amicus, July 2024

The article in this issue of Corporate Amicus analyses the Budget proposals and discusses changes relating to attracting foreign investments, benefits proposed in tax regime, evolution in insolvency resolution, flexible company structures, credit enhancement to MSMEs, easy exits to companies, decriminalisation of offences, and proposal to incentivize states if they lower the stamp duty rates.

Corporate Amicus, June 2024

The article in this issue of Corporate Amicus analyses the jurisprudence behind the SBO and the RoC’s approach towards the Order. The article notes that the RoC has outlined the parameters such as control over the Board of Directors, financial control with the upstream entities, control through contractual agreements, Directors of the subject company holding top positions in the upstream entities, and power of the top managerial personnel through bylaws of the upstream entities as criteria to determine control through ‘significant influence’.

Corporate Amicus: May 2024

The article in this issue of Corporate Amicus discusses the issues relating to the liability to pay Provident Fund (PF) on salaries paid to expats, based on recent judicial developments. The article examines the Supreme Court decision in Northern Operating Systems Pvt. Ltd.

Corporate Amicus: April 2024

The article discusses how the gaming industry will be impacted by the Digital Personal Data Protection Act, 2023. It discusses how the new law once enforced will require platforms, gaming...

Corporate Amicus: March 2024

The Ministry of Electronics and Information Technology has on 15 March 2024 issued an advisory on use and deployment of artificial intelligence tools. The advisory subsumes a previous advisory dated 1 March 2024 on this subject

Corporate Amicus: February 2024

The article in this issue of Corporate Amicus dives deep into the understanding of certain key actors engaged in the processing of personal data – Data Fiduciaries and Data Processors.

Corporate Amicus: January 2024

Section 454 of the Companies Act, 2013 authorises the Registrar of Companies to impose penalties against any non-compliance or default committed by the company, officer who is in default or any other person as the case may be.

Corporate Amicus: December 2023

Dark Patterns are deceptive web or UI designs or patterns used in web-based or mobile-based platforms, intended to manipulate or trick the decision of a consumer by deceiving them to do something that is determinantal to his interest.

Corporate Amicus: November 2023

The RBI has recently issued a new regulatory framework for Payment Aggregators of Cross Border Transactions, which brings all entities facilitating cross-border payment transactions for import and export of goods and services under direct regulation of the RBI.

Corporate Amicus: October 2023

The article analyses the impact of Digital Personal Data Protection Act, 2023 on processing of employee data by businesses for a variety of purposes, including performance assessment, extending various benefits, payroll, legal compliance and occasionally to safeguard employer’s interests.

Corporate Amicus: September 2023

The article in this issue of Corporate Amicus discusses laws relating to termination of employees and workmen in India. It summarises various requirements under the Industrial Disputes Act, 1947 and the Industrial Employment (Standing Orders)...

Corporate Amicus: August 2023

The article in this issue of Corporate Amicus discusses elaborately the implications of the new Digital Personal Data Protection Act, 2023 for the financial entities and the fin-tech sector. It, in this regard, discusses topics like, meeting consent and notice requirements; interplay with sectoral regulations; legitimate purposes for processing;

Corporate Amicus: July 2023

Withdrawal of corporate insolvency proceeding even prior to formation of committee of creditors

Corporate Amicus: June 2023

Revival of the Corporate Insolvency Resolution Process (‘CIRP’) proceedings refers to the restoration of the already withdrawn CIRP by a creditor which generally happens upon the breach of the settlement agreement pursuant to which the application for CIRP also gets withdrawn.

Corporate Amicus: May 2023

The Constitutional Bench of the Supreme Court recently in the case of N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd. held that arbitration cannot be invoked when the arbitration agreement or clause is contained in an unstamped or insufficiently stamped agreement or...

Corporate Amicus: April 2023

While the inclusion of interest amounts in ‘financial debt’, for the purposes of the Insolvency and Bankruptcy Code, 2016, is clearly provided for, the interest component in the case of ‘operational debt’ has always been a point of contention.

Corporate Amicus: March 2023

The first article in this issue of Corporate Amicus discusses a recent decision of the Registrar of Companies, NCT of Delhi and Haryana relating to Section 42 of the Companies Act, 2013 (private placement of shares).

Corporate Amicus: February 2023

In the backdrop of India’s commitments made in the UN Climate Change Conference in 2021, the Central Government has recently enacted the Energy Conservation (Amendment) Act, 2022 (‘Amendment Act’) to amend the two decades old Energy Conservation Act, 2001.

Corporate Amicus: January 2023

The article in this issue of Corporate Amicus analyses the recently introduced E-waste (Management) Rules, 2022. The new Rules will come into force on 1 April 2023 and will introduce recycling targets in the extended producer responsibility (‘EPR’) plan of the producers of e-waste.

Corporate Amicus: December 2022

The article in this issue of Corporate Amicus discusses workplace investigations in India. It notes that due to subjective nature of the investigations under consideration, there is no set mechanism or strict procedure which needs to be adhered to, for conducting such investigations.

Corporate Amicus: November 2022

The first article in this issue of Corporate Amicus analyses a recent decision of the Supreme Court in the case of Employees’ Provident Fund Organisation & Another v. Sunil Kumar B. and Others.

Corporate Amicus: October 2022

The State of Tamil Nadu has recently promulgated an Ordinance Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Ordinance, 2022 for the regulation of online gaming in the State. The Ordinance prohibits online gambling and playing of online games of chance with money or other stakes.

Corporate Amicus: September 2022

Focusing on the exporters’ obligations upon non-realization of export payments from erring foreign importers, the article in this issue of Corporate Amicus discusses at length the legal and other remedies available with the exporters where the export transactions are not secured in any manner.

Corporate Amicus: August 2022

The article in this issue of Corporate Amicus examines the rationale and thrust of a recent Supreme Court decision in the case of Mahagun Realtors (P) Ltd., wherein the Apex Court has clarified that an amalgamation would not per se invalidate an assessment order issued in the name of the transferor company.

Corporate Amicus: July 2022

The article in this issue of Corporate Amicus analyses the recently notified Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022.

Corporate Amicus: June 2022

The article in this issue of Corporate Amicus discusses the yet to be introduced Occupational Safety, Health, and Working Conditions Code, 2020 (‘OSHW Code’) which will subsume 13 central labour legislations including the Contract Labour (Regulation and Abolition) Act of 1970 (‘CLRA Act’) which governs and regulates the employment of contract labour.

Corporate Amicus: May 2022

SEBI has recently constituted a committee to recommend enhancements to Business Responsibility and Sustainability Report (‘BRSR’), rating and investments in Environment, Social and Governance (‘ESG’) practices. The article in this issue of Corporate Amicus notes that though India has no comprehensive legislation concerning ESG disclosures for Indian corporates,

Corporate Amicus: April 2022

The SEBI has on 14 January 2022 notified SEBI (Issue of Capital and Disclosure Requirements) Amendment Regulations, 2022 with respect to changes and obligations that the IPO bound companies have to comply with while filing the Draft Red Herring Prospectuses.

Corporate Amicus: March 2022

The first article highlights the law on cross border insolvency in India as it stands today. Discussing the need for such insolvency proceedings, the article deliberates upon the four main necessities as prescribed in the Model Law by the United Nations Commission on International Trade Law.

Corporate Amicus: February 2022

India has seen rapid adoption of crypto or digital currencies for trading and investment purposes. However, there is an uncertainty on the legal status and dealing with the same by the residents. The Bill proposing a sweeping ban has been listed twice in the legislative business of Lok Sabha and while the draft bill is in the dock, the Finance Minister in Budget 2022 has announced taxation of crypto profits.

Corporate Amicus: January 2022

In India, one set of facts expose an economic offender to prosecution under multiple legislations. In order to fully understand and organize how economic offences are being tackled today, the article in this issue...

Corporate Amicus: December 2021

The article in this issue of Corporate Amicus reviews the recent changes made by the Securities and Exchange Board of India (‘SEBI’) in the related party transaction (‘RPT’) regime for listed entities. The article discusses the changes made in the definition of ‘related party’ and how the ambit of RPT has been widened to include transactions between a listed entity or its subsidiaries on one side and a related party of the listed entity or its subsidiaries on the other side.

Corporate Amicus: November 2021

The article in this issue of Corporate Amicus analyses the Special Purpose Acquisition Companies (‘SPACs’) which raise capital from an initial public offering (‘IPO’) to acquire an unspecified operating business.

Corporate Amicus: October 2021

The article in this issue of Corporate Amicus discusses the proposed amendments relating to the fall-back liability in the Consumer Protection (E-Commerce) Rules, 2020. The clause makes a paradigm shift in the liability of the online retailers who until now majorly functioned in the nature of middlemen but with these Rules coming into force, will become directly and vicariously responsible for the damage caused by the vendor to the customer.

Corporate Amicus: September 2021

The article in this issue of Corporate Amicus analyses the Master Direction on Prepaid Payment Instruments (PPI) issued by the Reserve Bank of India recently. The article notes that the latest directions have classified PPIs into two new categories, i.e. small PPIs and full-KYC PPIs, with an aim to simplify the regulatory procedure, as compared to the three categories provided in 2017 (Closed Systems PPI, Semi-Closed Systems PPI, and Open Systems PPI).

Corporate Amicus: August 2021

The first article in this 10th Anniversary issue of Corporate Amicus discusses a recent Supreme Court decision in the case of Silpi Industries v. Kerala State Road Transport Corporation. The Apex Court has categorically stated that, in order to seek the benefit under the Micro Small and Medium Enterprises Development Act, 2006, the seller should have been registered under the said Act on the date of entering into the concerned contract.

Corporate Amicus: July 2021

The article in this issue of Corporate Amicus analyses few recently proposed amendments in the Consumer Protection (E-Commerce) Rules, 2020. The changes, once notified, will not only impact the e-commerce operators (both marketplace as well as inventory-based model entities) but also entities which are engaged by such operators for fulfilment of orders placed by buyers on an electronic portal or mobile based application.

Corporate Amicus: June 2021

Highlighting the participation of corporate India in supplementing the efforts of the government, the first article in this issue of Corporate Amicus discusses at length an important recent amendment in the Corporate Social Responsibility (‘CSR’) provisions. According to the changes, Section 135(6) of the Companies Act, 2013 now enables corporates to transfer unspent amounts concerning an ‘on-going project’ to a separate account designated as an ‘unspent CSR account’.

Corporate Amicus: May 2021

The first article in this issue of Corporate Amicus discusses various changes in the framework of the contract labour, which will come into effect when the Code of Occupational Safety, Health and Working Conditions, 2020 (‘Code’) will come into force.

Corporate Amicus: April 2021

The article in this issue of Corporate Amicus raises many issues which may arise if the definition of ‘wages’ as envisaged in the Wage Code, 2019 is implemented. It traces the history of the changes as recommended in the report of the National Commission on Labour submitted in 2002, report of the Working Group on ‘Labour Laws & Other Regulations’, Code on Wages Bill, 2017 and the report of the Standing Committee on Labour (2018-19).

Corporate Amicus: March 2021

While social media has been playing a vital role in connecting people and building relations without any boundaries, its misuse by miscreants to spread fake news and for other illegal means, has also increased.

Corporate Amicus: February 2021

Today, startups are identified as vital engines for economic growth and job genesis. With the support of the government and due to the colossal commercial potential for startups, India has moved up to the third position on the global list in respect of number of startups.

Corporate Amicus: January 2021

The introduction of Companies (Amendment) Act, 2020 is the second attempt to decriminalize various offences, the first one being the Companies (Amendment) Act, 2019. The article in this issue of Corporate Amicus discusses at length the various amendments made by the Companies (Amendment) Act, 2020 related to the Corporate Social Responsibility (‘CSR’) mandate, and their implications.

Corporate Amicus: December 2020

Finance Act, 2019 has introduced various amendments to the Indian Stamp Act, 1899. Further, with an intent to bring uniformity in rates of stamp duty on both issuance and transfer of securities, whether in physical or dematerialized mode, the Central Government also introduced the Indian Stamp (Collection of Stamp-Duty through Stock Exchanges, Clearing Corporations and Depositories) Rules, 2019.

Corporate Amicus: November 2020

The first article in this issue of Corporate Amicus elaborately discusses a recent circular issued by SEBI that will be applicable for a scheme of merger, demerger, amalgamation or arrangement filed with the stock exchanges after 17 November 2020.

Corporate Amicus: October 2020

The article in this issue of Corporate Amicus elaborately discusses the recent amendments in the Foreign Contribution (Regulation) Act, 2010 (‘FCRA’) by the Foreign Contribution (Regulation) Amendment Act, 2020 which has come into effect from 29-09-2020.

Corporate Amicus: September 2020

Under the current circumstances of employees temporarily working remotely from a different country other than their regular work location, a question arises as to whether an individual and the employer will be subjected to different social security obligations, where provision of services is provided remotely from home country.

Corporate Amicus: August 2020

Corporate Social Responsibility (“CSR”) was introduced under the Companies Act, 2013 to discharge social responsibility through innovative ideas and management skills.

Corporate Amicus: July 2020

One of the common defenses taken by a party, facing a claim in an arbitration is that the contract has already been discharged by performance, however, it is not uncommon for the claimant to dispute the discharge voucher signed by it and claim that it was executed under fraud, coercion or undue influence.

Corporate Amicus: June 2020

The first article in this issue of Corporate Amicus covers Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 which has been recently promulgated in order to prevent corporates from being forced into insolvency/liquidation, due to unprecedented situations arising out of COVID-19 pandemic.

Corporate Amicus: May 2020

COVID-19 crises has posed a challenge for execution of contracts. The article in this issue of Corporate Amicus hence does an in-depth analysis of electronic execution of contracts. It not only elaborately discusses the governing laws of contracts in India, i.e. Indian Contract Act, 1872, the Information Technology Act, 2000 and the Indian Evidence Act, 1860, but also touches upon many case law on the subject.

Corporate Amicus: April 2020

The lockdown throughout the country, as a preventive measure for containing the virus, has raised several questions on the business and employment front across sectors which now need to carefully review their existing employee protection and safety policies, strategies and procedures.

Corporate Amicus: March 2020

Reserve Bank of India in 2016 had issued a framework for imposing monetary penalties on Authorised Payment Systems Operators / banks under Payment and Settlement Systems Act, 2007. This Framework which provides a procedural guidance on levy of penalties and compounding under the PSS Act, has been recently updated by the RBI.

Corporate Amicus: February 2020

The article in this issue of Corporate Amicus discusses issues related to recently introduced system of Convertible Notes (C-notes). C-Notes have been defined as an instrument of debt, which can be converted to equity or redeemed.

Corporate Amicus: January 2020

The article in this 100th issue of L&S Corporate Amicus discusses at length the consequential effect of the implementation of Companies (Creation and Maintenance of databank of Independent Directors) Rules, 2019.

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