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Corporate Law

Corporate Law

May 3, 2019

MSME Form I

On May 1st, 2019, the Ministry of Corporate Affairs ("MCA") released e-form MSME 1 ("MSME 1"), requiring all companies obtaining supplies of goods/ services from micro and small enterprises ("Enterprises") and whose respective payments to such Enterprises exceed forty-five days from the date of acceptance or the date of deemed acceptance of such goods/ services to file MSME 1, by 30th May, 2019....
April 25, 2019

Hostile Takeovers in India

If a tale of poison pills, dawn raids and shark repellents were to be narrated, one could reasonably assume that the tale would feature at least one jaded well-heeled spy. And it would not fall very far from the truth, as hostile takeovers have typically been imbued with the intrigue of a classic thriller. ...
April 5, 2019
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Evolution of the Indian ECB Framework

In a caricatured simplified world, there are three broad sources of finance: equity, debt, and borrowing. In each case, in terms of origin, funds can come from domestic and foreign sources. Interestingly, when one looks at Balance of Payments (BoP) representation of a country, it majorly comprises of the following two components: investments and borrowing....
March 26, 2019

Women Centric Changes in Indian Law

“We all know that women are half the world and hold up half the sky but where are they when it comes to equality?” - Leela Seth ...
March 20, 2019

Balancing Defamation and Free Speech Notes for the publ...

In what has been termed a “defamation blitz”, an Indian corporate house has filed at least 28 defamation suits in courts since January 2018, targetting media and publishing houses, journalists, authors and politicians. Four companies under the Reliance Group have filed these suits objecting to content and reportage published about the company’s commercial activities. This is part of a larger trend in India around defamation suits which raises many questions for publishing houses and authors. ...
February 21, 2019
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Tax Exemptions for Start-ups Notified

In order to catalyse entrepreneurship and let the start-up segment flourish, the Indian government has issued a notification dated February 19, 2019 ("Notification"), which sets out certain tax exemptions available to start-ups under the Income-tax Act, 1961 ("Act")....
February 15, 2019
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Companies Act, 2013 – The Companies (Amendment) Ordinan...

The Companies (Amendment) Ordinance 2018 ("2018 Ordinance"), issued on November 2, 2018 brought about significant changes to certain provisions of the Companies Act, 2013 ("Act"). The 2018 Ordinance was passed by the Lok Sabha, though could not be taken up by the Rajya Sabha and which was due to expire on January 21, 2019. In order to give continuity to the amendments introduced by the 2018 Ordinance, it was re-promulgated on January 12, 2019 by another ordinance i.e. the Companies Amendment Ordinance 2019 ("Ordinance") on January 12, 2019 with its provisions effective from November 2, 2018....
February 13, 2019
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Piercing the Corporate Veil – The Companies (Sign...

On 13th June 2018, the Ministry of Corporate Affairs notified Section 90 of the Companies Act, 2013 ("Act") and the Companies (Significant Beneficial Owners) Rules, 2018 ("SBO Rules"). Both aim to make transparent a company’s ownership by tracing the identity of the individuals who ultimately control the company....
January 8, 2019
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Maternity benefit act India – Maternity Benefits ...

In one of its recent decisions, the Kerala High Court ("Court")in Rasitha C.H. vs State of Kerala and Others has reinstated that merely on the basis of being contractual employees, women cannot be deprived of the maternity benefits. The judgement has been propounded by Justice A. Muhamed Mustaque. ...