Corporate Law

In recent years, the Government has facilitated ease of doing business in India, and amongst the flurry of measures aimed at projecting a globally 'open for business' image have been the amendments introduced to the Indian Stamp Act, 1899 ("Act"), through the Finance Act, 2019 ("Finance Act"). ......

In India, investment advisers ("IAs") are regulated by the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013 ("Principal Regulations"). The Principal Regulations inter alia specify conditions for registration, certification, capital adequacy, risk profiling and suitability, disclosures to be made, code of conduct, records to be maintained, manner of conducting inspection etc. with respect to IAs. ......

Time and again the question has come before the Hon'ble Supreme Court of India ("Supreme Court") on how to determine whether a person is an employee or not. Through various judgments the Supreme Court has laid out the tests to determine whether a person could be said to be in the employ of the employer....

Clauses related to representations, warranties and indemnifications are widely negotiated clauses of commercial contracts especially in M&A transactions. The interests of the parties to a contract typically do not align with respect to the representation and warranties clause of the contract, which usually comprises a major chunk of the agreement. ...

Partnerships in India are governed by the Indian Partnership Act, 1932 ("Act"). The Act defines partnership as 'The relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all'. The Act while laying down the provisions with respect to rights and duties of the partners also details the consequences of retirement of a partner and dissolution of a partnership firm....

On October 02, 2006, the Government of India brought into effect, the Micro, Small and Medium Enterprises Development Act, 2006 (“Act”) for facilitating the promotion, development and enhancing the competitiveness of micro small and medium enterprises. Through Section 7 of the Act, the criteria of micro, small and medium enterprises was defined....

In India, foreign investments through equity instruments (other than share warrants) are regulated in accordance with the terms of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“NDI Rules”). A recent amendment to the NDI Rules has clarified that any acquisition of shares by foreign investors pursuant to renunciation of rights by a resident will be subject to the pricing guidelines under the Foreign Exchange Management Act, 1999 (“FEMA”)....

In its guidelines issued on May 18, 2020, the Ministry of Health and Family Welfare ("MoHFW") has outlined preventive and response measures to be observed in workplace settings to contain the spread of COVID – 19 ("Guidelines"). ...

Aimed at boosting the economy amidst the ongoing Covid – 19 pandemic, several States in India have recently come out with ordinance and notifications containing exemptions from compliance with certain labour laws. Such suspension has been sought to give more flexibility to businesses and employers in order to help curb the effects of the Covid – 19 mandated lockdown....