09 Oct 2018

The Companies (Prospectus and Allotment of Securities) Third Amendment Rules, 2018 (hereinafter “Rule(s)”) was published in the official gazette on 10th September, 2018 which is effective from 02nd October 2018. According to the Rules, the Ministry of Corporate Affairs, Govt. of India (hereinafter “MCA”) has mandated that every unlisted public company shall issue its securities only in dematerialised form and shall dematerialise all its existing securities as well.>>

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03 Oct 2018

Issuance of non-convertible debentures (NCDs) is one of most widely used methods through which companies have been raising money in the form of secured debt under private placement route. The issuance of NCDs are governed primarily through Sections 42 and 71 of the Companies Act, 2013 (‘Act’) read with the Companies (Prospectus and Allotment of Securities) Rules, 2014 (“Securities Rules”) and the Companies (Share Capital and Debentures) Rules, 2014 (“Debenture Rules”). The Ministry of Corporate Affairs recently issued the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2018 (“Amendment Rule”) on 7th August, 2018, which brought out various changes to the rules in relation to issuance of securities under private placement method.>>

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17 Sep 2018

The status of the Home buyers under Insolvency and Bankruptcy Code (IBC) has been puzzling adjudicating authorities. The question was brought to forefront in public interest writ petition filed before Supreme Court[1] seeking relief for home buyers in Jaypee insolvency matter[2].  Apex Court initially granted stay and later directed that resolution plan should protect the interest of home buyers.>>

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18 Jan 2017

The Insolvency and Bankruptcy Code notified on 28th May, 2016 (“Code”), lays down the structure for a unified insolvency and bankruptcy resolution mechanism in India. This is an important legislation for corporate India because the term "insolvency" has not previously been defined under India’s corporate law framework, although Section 433 of the erstwhile Companies Act 1956 provided for grounds of winding up a company that is "unable to pay its debts". [Black’s Law Dictionary defines the term “insolvency” as “the condition of being unable to pay debts as they fall due or in the usual course of business”][1].>>

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09 Jan 2017

The Securities and Exchange Board of India (“SEBI”), the regulator of securities market in India, had during its meeting held on September 23, 2016, expressed concerns over compensation agreements and profit sharing agreements such as side agreements / reward agreements executed between private equity (“PE”) firms and top personnel and key managerial personnel (KMP) of listed entities. As per SEBI, when such agreements are executed without any prior approval of the shareholders, it could lead to unfair practices.>>

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26 Aug 2016

The Competition Act, 2002 (the “Act”) provides the Competition Commission of India (the “Commission”) with two mechanisms viz. enforcement and advocacy to promote competitive markets and thereby protect consumers. “Competition advocacy” refers to those activities conducted by the competition agency to promote a competitive environment by means of non-enforcement mechanisms, and mainly through its relationships with other government bodies and by increasing public awareness of the benefits of competition[1].>>

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15 Dec 2015

This article is the second part of the earlier published article on the liberalization in the Foreign Direct Investment (“FDI”) regime. It contains additional information and clarifications relating to amendments made to the Consolidated FDI Circular of 2015 through Press Note 12 (2015 Series) that was issued on November 24, 2015, subsequent to the Press Note issued on Nov. 10, 2015.  >>

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17 Nov 2015

The recent changes in the foreign Direct Investment (FDI) Regime, termed as a “Diwali gift” by the media, are definitely innovative and can go a  long way towards addressing some major and widely-debated structural gaps and thus in increasing India’s overall attractiveness as a major FDI destination.>>

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