13 Sep 2019

With around 65% of GDP in the organized sector coming from family businesses[1], their status as the ‘engines’ of India’s ever-growing economy cannot be underscored. Globally, 35% of Fortune 500 companies are family owned businesses[2]. However, it is startling to note that 70% of the family businesses globally are sold before the second generation gets a chance to take over while only 10% of family businesses are able to survive till the third generation.[3] Further, a study by BAF consultants reveals that 97% of family-run businesses in India don't have succession plan documents.[4]>>

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24 Jan 2018

Insolvency Resolution Process: Enhanced Checks and Balances

The Insolvency Resolution process regulation were recently amended[1] to ensure that resolution plan proposed for Corporate persons under Insolvency & Bankruptcy Code, 2016 (“Insolvency Code”) shall contain certain details of resolution applicant and other connected person to assess the credibility of such persons. Further, the amended regulation also provided for submission of all resolution plans to the Creditors committee along with the details of preferential transaction, undervalued transactions, extortionate credit transactions and fraudulent transactions to enable the Creditors’ committee to make an informed decision.>>

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12 Oct 2017

What you need to know about peer to peer (p2p) lending platforms:

Master directions by Reserve Bank of India (RBI)

Reserve Bank of India (RBI) on Oct. 4, 2017 issued a Master Direction[1] regarding the various registration/eligibility/compliance norms for P2P Lending Platforms which was a follow up action to the notification[2]  issued on 24 August, 2017 wherein RBI specified that a “non-banking institution that carries on the business of a peer to peer lending platform to be a Non-Banking Financial Company (“NBFC”).”>>

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25 Sep 2017

RBI Notifications On Peer To Peer Lending Platforms: More Confusion Than Clarity

Financial Newspapers (Sept.  21, 2017 edition) were widely reporting about the latest notification[1] issued by Reserve Bank of India which specified that a “non-banking institution that carries on the business of a peer to peer lending platform to be a Non-Banking Financial Company (“NBFC”).”>>

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21 Sep 2017

The Supreme Court of India (“SC”) recently delivered its first judgment [1] under the Insolvency and Bankruptcy Code (“IBC”) wherein SC has delved into (i) the circumstances which led to promulgation of the IBC and the legislative intent behind its promulgation; (ii) an in-depth examination of the provisions of the IBC relating to the Insolvency Resolution Process (“Resolution Process”) and (iii) the principles of repugnancy vis-à-vis IBC and State law. >>

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22 Mar 2017

The concept of Place of Effective Management (“POEM”) instead of “Place of Control and Management” (“POCM”) for determining the residential status of the companies was introduced by the Finance Act, 2015. POCM was based on place of incorporation or the place from where the company was ‘wholly’ controlled and managed. The reason for introducing the concept of “effective” management is that there may be cases where a company may have more than one place of management; however, there can only be one place of “effective” management at any point in time- and it is this place which will be used for determining the tax residency of a company.>>

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08 Aug 2016

India is one of the fastest growing e-commerce markets in the world and much to the relief of the e-commerce business in India, the Department of Industrial Policy and Promotion (DIPP) has brought much needed clarity to the scope of Foreign Direct Investment (FDI) in e-commerce activities vide the Press Note No.3 of 2016 (“Press Note”) which was later incorporated into the Consolidated FDI Policy Circular of 2016 brought out by the Ministry of Commerce and Industry on 7th June, 2016 (“FDI Policy 2016”). Until the said Press Note, up to 100% FDI was permitted, under automatic route, in Business-to-Business (B2B) e-commerce. The said Press Note sets out guidelines for foreign investment in the e-commerce sector.>>

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05 Aug 2016

The government’s efforts to make India more business and investment friendly involve structural changes, regulatory amendments as well as a thrust on economic diplomacy. The Draft Model for India’s Bilateral Investment Treaty (“BIT”) released by the government in 2015 is one more instrument that has significant potential to attract foreign investment into India while also encouraging Indian businesses to expand globally.>>

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