Corporate Law

On January 20, 2025, the Reserve Bank of India ("RBI") introduced significant updates to its master directions on foreign investment in India ("Master Directions"). This move aims to provide clarity on various regulatory aspects, particularly concerning downstream investments by Foreign-Owned or Controlled Companies. ......

The Bureau of Indian Standards has released draft standards titled "E-commerce – Principles and Guidelines for Self-Governance" dated January 2025 (herein after referred to as the "Guidelines"). These Guidelines are imperative for the self-governance of e-commerce entities, ensuring fairness and transparency for all stakeholders including consumers and businesses. ......

In a recent decision involving the reinstating of two civil judges in Madhya Pradesh, Justice Nagarathna of the Supreme Court made some key observations on the representation of women in the judiciary. ......

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ......

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ......

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ......

Artificial Intelligence ("AI") holds transformative potential for India’s economy and society. However, this power also brings legal, ethical, and regulatory challenges that necessitate a comprehensive governance framework. The "Report on AI Governance Guidelines Development" ("Report") outlines India’s roadmap for addressing these challenges through a legally sound and inclusive approach. ......

On December 13, 2024, the Ministry of Finance introduced the Banning of Unregulated Lending Activities (Draft) Bill ("Bill"). This Bill was based on a report submitted by the Reserve Bank of India's ("RBI") working group on digital lending. The Bill envisages the banning of all lending entities that are: (a) not authorized by the RBI or other regulators; and (b) not registered under any other law to undertake a public lending business activity. . . . ...

On November 11, 2024, the Reserve Bank of India ("RBI"), notified an operational framework for reclassification of Foreign Portfolio Investment ("FPI") to Foreign Direct Investment ("FDI") , once it exceeds the threshold percentage of 10% (ten percent) of the total paid-up equity capital (on a fully diluted basis) of an Indian company. ......