Corporate Law

On 24 January 2024, the Ministry of Corporate Affairs and the Ministry of Finance have notified the Companies (Listing of Equity Shares in Permissible Jurisdictions) Rules, 2024 ("Overseas Listing Rules") and, vide the FEMA (Non-debt Instruments) Amendment Rules, 2024 ("NDI Rules 2024") (jointly the "January 2024 Notifications"), amended the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 ("NDI Rules") respectively. ......

On April 16, 2024, the Ministry of Finance, through the Department of Economic Affairs, notified the Foreign Exchange Management (Non-debt Instruments) (Third Amendment) Rules, 2024 (the "Amendment"), prescribing new entry routes for foreign investment in activities under the space sector. ......

On February 2, 2024, the Ministry of Corporate Affairs ("MCA") issued a notification to establish a Central Processing Centre ("Centre") with territorial jurisdiction throughout India in IMT Manesar, Gurgaon. This notification came in force on February 6, 2024 and was issued pursuant to Section 396 of the Companies Act, 2013 ("Act"), which empowers the Central Government to notify offices for the purposes of registration of companies under the Act. ......

On February 21, 2024, the Union Cabinet made a historic stride by sanctioning a groundbreaking revision to India's Foreign Direct Investment Policy ("FDI Policy") in the space sector. This pivotal decision marks a significant departure from India's traditional stance, signaling a bold shift towards leveraging private investment and expertise to drive the nation's space aspirations forward. ......

In 2015, Cox and Kings Limited (hereinafter referred to as “Petitioner”) entered into three agreements with SAP India Private Limited (hereinafter referred to as “Respondent No. 1”) for availing certain software services. One of the agreements executed between the Petitioner and Respondent No. 1 was the General Terms and Conditions (hereinafter referred to as “GTC”) containing the impugned arbitration clause. ......

On November 9, 2023, in exercise of the powers conferred by section 79 of the Limited Liability Partnership Act, 2008 (“LLP Act”), the Ministry of Corporate Affairs (“MCA”) released the Limited Liability Partnership (Significant Beneficial Owners) Rules, 2023 (“LLB SBO Rules”). The LLP SBO Rules came into effect on November 10, 2023. ......

On October 27, 2023, the Ministry of Corporate Affairs, notified the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2023 ("Amended Prospectus Rules") to amend the Companies (Prospectus and Allotment of Securities) Rules, 2014 ("Prospectus Rules"). ......

On October 27, 2023, the Ministry of Corporate Affairs, in exercise of its powers under sub-sections (1) and (2) of Section 79 of the Limited Liability Partnership Act, 2008 (“LLP Act”), issued a notification to amend the Limited Liability Partnership Rules, 2009 (“LLP Rules”). The amended rules make several significant changes to the extant LLP Rules, primarily related to the register of partners and beneficial interests in the contributions of the Limited Liability Partnership (“LLP”). ......

Recently, in the case of Vivek Khanna vs. OYO Apartments Investments LLP , the Delhi High Court dismissed a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ("A&C Act"), by way of which, Mr. Vivek Khanna (the "Petitioner") assailed the award dated March 31, 2023 (the "Impugned Award") passed by the arbitral tribunal comprising of a sole arbitrator. ......