Tags 2019

Tag: 2019

May 27, 2020
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Mends in the FEMA Pricing Guidelines for Rights Issue b...

In India, foreign investments through equity instruments (other than share warrants) are regulated in accordance with the terms of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“NDI Rules”). A recent amendment to the NDI Rules has clarified that any acquisition of shares by foreign investors pursuant to renunciation of rights by a resident will be subject to the pricing guidelines under the Foreign Exchange Management Act, 1999 (“FEMA”)....
employement law
January 21, 2020
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The Code on Wages Act, 2019

Labour laws in India have traditionally been governed by multifarious and fragmented legislations, both at the central and state level. With a view to harmonising and consolidating the various legislations pertaining to wages, the Ministry of Labour and Employment (“Ministry“) first introduced the Code on Wages Act in Lok Sabha on August 10, 2017, which lapsed. The Code on Wages Act, 2019 was reintroduced in the Lok Sabha on July 23, 2019 and gained presidential assent on August 08, 2019 after getting passed in both houses of the Parliament....
December 7, 2019

Benefits to Gigworkers – Code on Social Security, 2019

The gig economy in India has been growing at breakneck speed. A recent study ‘Professional Gig Economy 2018-19 Report Card’ undertaken by Flexing It, a gig platform has revealed that as many as 72% of all gig projects were in large corporates and professional services firms in 2018-19 compared with 52% two years back. Plus, most of the professional gig economy segments have seen growth double in two years....
December 6, 2019

Personal Data Protection Bill passed by the Cabinet

The much anticipated Personal Data Protection Bill, 2019("Bill") finally gathered the Cabinet's approval on December 04, 2019, therefore setting the stage for it to be tabled in front of the Parliament in the current winter session....
December 4, 2019
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New Rules bring Financial Service Providers under the a...

The Ministry of Corporate Affairs ("MCA") vide its press release dated November 15, 2019 has notified the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019 ("Rules"). The Rules provide a framework for the insolvency and liquidation proceedings of systematically important Financial Service Providers ("FSPs") excluding banks. ...
Companies Act 2013
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....

BEWARE Social Media Influencers: Don’t Say What You’re Not Qualified to Say

In a recent judgment, the Delhi High Court ("Court") dealt with the emerging issue of social media influencers commenting on topics they are unqualified to discuss, particularly when such comments have the potential to harm a brand's reputation. The case of Zydus Wellness Products Limited v. Mr. Prashant Desai , highlights the growing responsibility of influencers. ...

The Bombay High Court Strikes Down Rules Empowering the Central Government to Form Fact-Ch...

In January 2024, a division bench of the Bombay High Court consisting of Justice G. S. Patel and Justice Neela Ghokale (the "Division Bench") pronounced a split verdict in the case of Kunal Kamra v. Union of India & Ors. In the said matter, the constitutional validity of the amendments made to Rule. ...

The Compound Effect of the New FEMA Compounding Rules

Pursuant to the commitments made during the announcement of the Union Budget 2024-25, the Department of Economic Affairs of the Ministry of Finance, notified the Foreign Exchange (Compounding Proceedings) Rules, 2024 on September 12, 2024 ("Rules") pursuant to Section 46 of the Foreign Exchange Management Act, 1999. ...

The National Blockchain Framework

In a milestone initiative to advance the digital infrastructure in the country, and with a view to increase the transparency of digital-based government functions, the Ministry of Electronics and Information Technology ("MeitY") of the Government of India launched the Vishvasya-Blockchain Technology Stack. ...

Piyush Gadi is now Senior Associate at Obhan & Associates

Piyush Gadi has been prom...

Glen Pappan is now Principal at Obhan & Associates

Glen Pappan has been pro...

Neha Arora is now Principal at Obhan & Associates

Neha Arora has been promo...

The Delhi High Court Sheds Light on Section 32A of the Insolvency and Bankruptcy Code, 201...

Recently, the High Court of Delhi, reinforced the application of Section 32A of the Insolvency and Bankruptcy Code, 2016 ("IBC"). Section 32A of the IBC states that the liability of a corporate debtor ("CD") for an offence committed prior to commencement of the corporate insolvency resolution process. ...

REGULATORY UPDATE – SEBI AMENDMENTS TO AIF REGULATION AND GUIDELINES FOR BORROWERS.

The Securities and Exchange Board of India ("SEBI") has enacted significant amendments to the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012, through the Securities and Exchange Board of India (Alternative Investment Funds) (Fourth Amendment) Regulations, 2024. ...

Foreign Exchange Management (Non-debt Instruments) (Fourth Amendment) Rules, 2024

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"). ...