Corporate Law

The Reserve Bank of India (RBI) vide a 2012 circular, stipulated that Indian companies which have received FDI and/or made FDI abroad (i.e. overseas investment) in the previous year(s) including the current year, should file the annual return on Foreign Liabilities and Assets (FLA) in the soft form which can be duly filled-in, validated and sent by e-mail to the Reserve Bank by July 15 of every year. The coverage was enhanced to reporting of inward and outward foreign affiliate trade statistics (FATS) and reporting by the limited liability partnerships (LLPs) through the subsequent circulars....

The theory of separability for arbitration agreements has been developed over time. It has been well recognized in India and other jurisdictions that an arbitration clause in a contract is an agreement independent of the contract executed between the parties. This theory of separability of an arbitration agreement has well elucidated by the Supreme Court of India in the case of M/S Sms Tea Estates P.Ltd v. M/S Chandmari Tea Co. P.Ltd...

Globally, private equity and venture capital funds have gained prominence as the dominant forms of investment in companies. A natural corollary of the above has been the evolution of innovative and complex mechanisms designed to protect such investment and gain maximum returns on the same. ...

In a move to better the lives of the differently abled in India, the Government of India, enacted the Rights of Persons with Disabilities Act, 2016 (“Act”). After almost a decade’s wait, the Act came into effect on 30th December 2016 replacing the earlier act of 1995. Pursuant to this Act, the Ministry of Social Justice and Empowerment issued the Rights of Persons with Disabilities Rules, 2017 (“Rules”)....

In one of our Articles published in September-Amendments to the Negotiable Instruments Act, we discussed the amendments that were brought to the Negotiable Instruments Act, 1881 ("Act") with an intention of amending the law related to promissory notes, bills of exchange and cheques. The Act has been amended time and again to ensure and enhance trust in negotiable instruments. With an aim to further streamline theAct, the Central Government incorporated Sections 143-A and 148 vide  Negotiable Instruments (Amendment) Act, 2018 ("Amended Act"). These new sets of provisions have been effective since 1st September 2018....

According to the World Health Organisation, for the year 2016, more than 25 Indian cities are within the 100 most polluted cities in the World^[1]. The State of Global Air 2017 report quotes that India accounts for the second highest number of premature deaths due to air pollution in the world^[2]. On 2^nd May 2018, India Today's headlines read as^[3], "According to the report of World Health Organisation, about 90 percent of the world's population is exposed to dangerous levels of pollution and 14 of world's 15 most polluted cities are in India." In a view to minimize the ill effects of pollutions, policy makers of India have been strongly promoting the idea of electric vehicles....

Maps make stories easier to understand. Whether it is history, geography or political science, a map can break down complex details into a simple picture, and bring immediate clarity. The boundaries depicted by a map are often fundamental to the story. As a result, the accuracy of maps is of particular concern, and often requires navigating legal and regulatory paths to avoid argument and controversy. This note offers a brief look at the issues that private publishers must keep in mind when publishing maps...

In January 2009, India witnessed one of its biggest corporate scandals - the ‘Satyam scandal’ also referred to as ‘India’s Enron’. Satyam Computers Services Limited ("SCSL") was under the microscope for fraudulent activity and misrepresentation of its accounts to its board, stock exchanges, regulators, investors and all other stakeholders. Thereafter, shareholders of SCSL, approximately 300,000 were unsuccessful in claiming damages worth millions due to the absence of the provision for filing a class action suit under the Companies Act, 1956.American investors on the other hand were able to claim their part of damages in the US courts through a class action suit against SCSL....

If one were to be asked whether Dim Sum, Matador, Samurai, Kangaroo, Maple and Bull Dog share anything in common, one would be hard-pressed for an appropriate reply.To answer the question posed, the above are all international bonds. International bonds are debt investment instruments issued in a country by a non-domestic entity, in the currency of that non-domestic country. These bonds have been colourfully named, as demonstrated, to evoke an association with their home country. “Dim-Sum” bonds are the Chinese variant, the Japanese version are the lofty “Samurai” bonds, and one can probably guess which countries Matador, Maple and Kangaroo belong to....