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Search results: Companies Act

CCP Niti Richhariya, Competition compliance programme

Assessing benefits of the CCP

During the past decade, the competition compliance programme (CCP) has assumed a significant place in international competition law jurisprudence. The CCP is an important tool used by various competition authorities as a part of...
Abhishek Tripathi, Anura Gupta,Sarthak Advocates & Solicitors, Electric vehicles

Electric vehicles charged up by policy intervention

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
To encourage e-mobility, the government of Delhi has introduced the Electric Vehicle Policy, 2020. The policy proposes measures to boost the adoption of electric vehicles (EV) by providing long-term benefits for the purchase of...
Anush Raajan,Swastika Chakravarti,Lakshmikumaran & Sridharan

Guarantors may be vulnerable to pandemic default risks

By Anush Raajan and Swastika Chakravarti, Lakshmikumaran & Sridharan
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,...
yageo zba

AZB, Khaitan assist major acquisition by Schneider and Temasek

AZB & Partners advised Schneider Electric, and Khaitan & Co advised MacRitchie Investments, an investment holding company of Temasek Holdings, when the two companies partnered to acquire Larsen & Toubro’s electrical and automation business...
Rudra Kumar Pandey,Vishal Nijhawan,Shardul Amarchand Mangaldas & Co,Fast-track merger

Cometh the hour, cometh the fast-track merger

By Rudra Kumar Pandey and Vishal Nijhawan, Shardul Amarchand Mangaldas & Co
The National Company Law Tribunal (NCLT) is clogged with cases both under the Companies Act, 2013 (act), and the Insolvency and the Bankruptcy Code, 2016 (code). Pre-covid, each bench of the NCLT had some...
Manisha Singh,Simran Bhullar,LexOrbis,Intellectual Property Enforcement

The epidemic of fake branded masks

By Manisha Singh and Simran Bhullar, LexOrbis
According to precautionary and safety guidelines issued by national and international authorities, wearing a face cover is essential to curb the spread of the novel coronavirus. Such authorities have identified the wearing of face...
Vivek Pareek,Maathangi Hariharan,L&L Partners, FDI

FDI relaxations in insurance may not get desired response

By Vivek Pareek and Maathangi Hariharan, L&L Partners
In a timely move intended to attract foreign direct investment (FDI), the government has allowed 100% FDI under the automatic route in insurance intermediaries. Industry stakeholders had long requested a relaxation in investment caps...
FDI restrictions Ayushi Mishra,Shardul Amarchand Mangaldas & Co,Inbox,FDI

Defining ‘beneficial owner’ and FDI restrictions

To restrict opportunistic takeovers/acquisitions of Indian companies due to low valuations in light of covid-19, the Department for Promotion of Industry and Internal Trade (DPIIT) via Press Note 3 of 2020 (PN3) revised the...
Ekta Bahl,Sanjana Shrivastava, Samvad Partners, Investors

Covid-19 impacts exit of PE and VC investors

By Ekta Bahl and Sanjana Shrivastava, Samvad Partners
In the wake of the covid-19 pandemic and its economic consequences, the private equity and venture capital industry has seen a major downturn. The pandemic has also increased the focus on exit options available...
Devyani Dhawan,Aditya Vikram Dua,SNG & Partners,Ordinary course Banking & finance restructuring

Ordinary course of business is not guaranteed

By Devyani Dhawan and Aditya Vikram Dua, SNG & Partners
Section 185 of the Companies Act, 2013 (act), governs transactions involving loans or the provision of guarantees or securities to companies in which a director is interested. Certain loans and guarantee or security transactions...
Avikshit Moral Equity Partner, Juris Corp mergers and acquisitions (M&A) in India acquisition insolvency enforcement

Enforcements add a new dimension to M&A

Avikshit Moral and Sumitava Basu at Juris Corp write that acquisitions through enforcement of pledged shares have become a feasible route, with courts playing a supportive role The realm of mergers and acquisitions (M&A) in...
law firm partner exit retention India business law journal

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 ChatlaniWith the global economy firmly in the grip of...

AKS hires beef up corporate, disputes practices

Delhi-based full-service law firm AKS Partners has hired partner Anish Jaipuriar and principal associate Anshuman Gupta. Jaipuriar joins from Shardul Amarchand Mangaldas & Co, and will head the general corporate practice at the firm. He...

Stricter approach to similarity in pharma trademark cases

By Omesh Puri and Ruchi Sarin, LexOrbis
The rules of comparison for pharmaceutical trademarks have long been stricter than those in other categories of products. The courts have frequently held that when pharmaceutical products are concerned, confusion may result in harmful...

A guide to the proper investigation of title

By Alok Tewari, Kochhar & Co
Legal due diligence before the acquisition of real estate is at least as important in India as it is in Japan and probably more so. Legally non-compliant real estate is often offered and there...
Insolvency and Bankruptcy Code Ordinance covid-19 suspends fresh bankruptcy proceedings

IBC ordinance shields against covid-19 insolvencies

The Indian government has recently amended the Insolvency and Bankruptcy Code (IBC) through an ordinance. The Insolvency and Bankruptcy Code Ordinance, 2020, came into effect on 5 June 2020, and suspends fresh bankruptcy proceedings against...
India Atma Nirbhar Bharat Scheme micro, small and medium enterprises

Lifeline for MSMES dragged down by pandemic

The pandemic and ensuing economic crisis have disproportionately impacted micro, small and medium enterprises (MSMEs). A large number of them face dire operational and financial constraints including a shortage of working capital, difficulty in...
Mishi Choudhary is founder and legal director at Software Freedom Law Centre. India’s TikTok ban and need for privacy legislation

Pulling the plug

In the aftermath of the TikTok ban Mishi Choudhary, the founder of Software Freedom Law Centre (India), says the government must enact pro-privacy legislation that protects private data from tech companies, regardless of their...
Nisha Mallik and Niranjana Menon, Samvad Partners FDI Japan foreign direct investment

Japan’s rising interest in the Indian startup scene

By Nisha Mallik and Niranjana Menon, Samvad Partners
A look at investment trends over the past few years clearly shows that Japanese investors have made huge inroads into Indian private equity and venture capital markets. They are currently some of the biggest...
Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors Prohibiting Chinese imports may not bring advantages | India

Prohibiting Chinese imports may not bring advantages

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
As the economy recovers, the power sector may have to fight yet another battle. Following the India-China border stand-off, a 2 July order from the Ministry of Power (MoP) imposed restrictions on the import...