Corporate Law

Earlier this year, the Union Minister for Finance and Corporate Affairs, Smt. Nirmala Sitharaman, in her budget speech announced the intent to simplify the regulatory framework governing Foreign Direct Investments ("FDI") and Overseas Investments ("OI"). ......

In the recent case of M/S Plus91 Security Solutions v NEC Corporation India Private Limited (Erstwhile NEC Technologies Private Limited) , the Delhi High Court ruled that an Arbitral Tribunal awarding damages for loss of profits was patently illegal if the same was against the terms of the contract. ......

The Companies Act, 2013 ("Act") is the primary legislation on the law of companies in India and deals with the incorporation, registration, regulation, and administration of companies registered in India. While the primary nature of the legislation is regulatory, it also contains several ‘enforcing provisions’ that serve to impose penalties on instances of non-compliance. ......

In a move to boost investments in Indian capital markets, the Securities and Exchange Board of India ("SEBI") in its recent circular dated June 27, 2024 amended the SEBI (Foreign Portfolio Investors) Regulations, 2019 ("FPI Regulations, 2019") vide the SEBI (Foreign Portfolio Investors) Second Amendment Regulations. ......

Convertible notes also known as convertible promissory notes ("Notes") are a form of debt instruments that convert from debt to equity upon the occurrence of a predetermined conversion event or lapse of a fixed time period, and often at a predetermined conversion rate. ......

On June 29, 2024, the Karnataka Government's Labour Department published the draft Karnataka Platform based Gig Workers (Social Security and Welfare) Bill, 2024 (the "Bill") for public comments. In essence, the Bill is aimed at safeguarding the rights of platform based gig workers and mandates aggregators to comply with certain obligations to ensure social security of its gig workers. ... ...

Indian investment in overseas funds is governed by a combined reading of the Foreign Exchange Management (Overseas Investment) Rules, 2022 (“OI Rules”) and the Foreign Exchange Management (Overseas Investment) Directions, 2022 (“OI Directions”) (jointly referred to as the “OI Framework”). ......

Following an order in the matter of Leixir Resources Private Limited (discussed in our article here), the NCT of Delhi and Haryana has issued yet another order dealing with the aspect of significant beneficial owner ("SBO") and has discussed 'significant influence' and 'control' required to establish the status of SBOs under the Companies Act, 2013 ("Act") and the Companies (Significant Beneficial Owners) Rules, 2018 ("Rules"). ......

Through an order dated May 6, 2024, the Registrar of Companies (the "RoC") of NCT Delhi and Haryana imposed an order of penalty against Leixir Resources Private Limited ("Company") for non-compliance with the disclosure requirements mandated for significant beneficial ownership under Section 90 of the Companies Act, 2013 (the "Act"). ......