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August 28, 2024
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REGULATORY UPDATE – SEBI AMENDMENTS TO AIF REGULA...

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. ......
August 21, 2024
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Foreign Exchange Management (Non-debt Instruments) (Fou...

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"). ......
March 13, 2024
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MCA Establishes Central Processing Centre to Process E-...

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. ......
November 1, 2023
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MCA Notifies Amendments to the LLP Rules, 2009

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”). ......
January 18, 2023
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The MoF’s Amendment-Shaped New Year Wish

In light of the powers accorded to the Government of India under Section 30 of the Securities Contracts (Regulation) Act, 1956; and in furtherance of its public policy goals to ensure that an additional degree of care is embedded into the system with regard to public shareholding, the Securities Contracts (Regulation) Rules, 1957 ("Rules") were enacted by the Government of India. ......
August 3, 2022
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SEBI’s Thorough Classification of Public Sharehol...

Pursuant to the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 ("Listing Regulations"), companies listed on the Indian stock exchanges are required to submit a statement which describes the shareholding pattern separately for each class of securities in the format prescribed by the Securities and Exchange Board of India ("SEBI") . ......
April 27, 2022
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SEBI Amends Regulations Governing AIFs, The Post-Pandem...

Alternative Investment Funds ("AIF") in India are governed by the Securities and Exchange Board of India (Alternative Investment Regulations), 2012 ("AIF Regulations") and regulated by the Securities and Exchange Board of India ("SEBI"). AIFs are investment funds that are established or incorporated in India that are privately pooled from foreign or Indian sources, in the form of trusts, companies, bodies corporate and limited liability partnerships. ......
December 15, 2021
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The Welcome Concept of Start-up LLPs and Small LLPs

Limited Liability Partnerships ("LLPs") are flexible legal entities that enable partners to benefit from a joint, collaborative initiative whilst reducing their liability for the actions or inactions of the other partners. This structure combines the benefits of a partnership firm and a company in that it limits the liability of partners to their contribution and constitutes a separate legal entity like a company; while also operating based on an agreement and leaving the partners to mutually decide the nuances of the business, like the internal managerial structure. ......

Madras HC clarifies on Method of Treatment of Animals

In a recent decision, the Madras High Court has clarified the scope of exclusion from patentability under Section 3(i) of the Indian Patents Act, 1970, pertaining to methods of treatment for animals, among other things. ...

Design Registration for GUIs

The registrability of graphical user interfaces (GUIs) has had a chequered past in India. This post discusses latest developments in this matter, including the fallout of a 2023 Calcutta High Court asking the Designs Office to reconsider an order rejecting the application for registering a GUI design. ...

E-Commerce – Principles and Guidelines for Self-Governance: Redefining Trust, Transparenc...

The Bureau of Indian Standards has released draft standards titled "E-commerce – Principles and Guidelines for Self-Governance" dated January 2025 (herein after referred to as the "Guidelines"). These Guidelines are imperative for the self-governance of e-commerce entities, ensuring fairness and transparency for all stakeholders including consumers and businesses. ...

HALF EMPTY OR HALF FULL: ALL A MATTER OF PERSPECTIVE

In a recent decision involving the reinstating of two civil judges in Madhya Pradesh, Justice Nagarathna of the Supreme Court made some key observations on the representation of women in the judiciary. ...

Delhi High Court lays down disclosure requirements for patent applications

The Delhi High Court clarifies that patent applicants must strictly comply with disclosure requirements in drafting complete specifications, and interprets the scope of Sections 3(c), 10(4) and 10(5) of the Patents Act in a recent decision. ...

Do Courts have the power to Modify Arbitral Awards?

On February 20, 2025, the Supreme Court of India ("Supreme Court") reserved its judgement on whether the powers of a court under Section 34 and Section 37 of the Arbitration and Conciliation Act, 1996 ("Act") extend to the modification of arbitral awards. The Supreme Court, while analysing precedents relating to these Sections, observed that some judgements have emphasized the lack of the courts. ...

MIB Issues Latest Advisory for OTT Platforms Amid Content Regulation Debate

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

India’s Draft Guidelines On AYUSH Keep Traditional Knowledge And Innovations In Harmony

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

RBI’s New Framework to Strengthen Payment Systems in India

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

Ensuring Growth by Insurance: The Impact of 100% FDI in the Indian Insurance Sector

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...