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  • M&A through Share Swap/Stock Swap Arrangements

    M&A through Share Swap/Stock Swap Arrangements

    Introduction A share swap arrangement signifies issuance of a share in exchange for a share rather than remittance of cash consideration. Share Swap arrangements occur when shareholders' ownership of the target company's shares is exchanged for shares of the acquiring

    Sharda Balaji
    By Sharda Balaji almost 6 years ago
  • Mauritius: A Prime Financial Center for FPI Investments in India

    Mauritius: A Prime Financial Center for FPI Investments in India

     A. SEBI Circular Letter Dated 10 April 2018 On 10 April 2018, the SEBI, issued a circular titled ‘Know Your Client Requirements for Foreign Portfolio Investors (FPIs)’ clarifying its position on the concept of identification and verification of Beneficial Owner

    Sharda Balaji
    By Sharda Balaji almost 6 years ago
  • Post Formation Compliance Requirements for Alternative Investment Funds (AIFs)

    Post Formation Compliance Requirements for Alternative Investment Funds (AIFs)

    AIFs are privately pooled investment funds in India, typically set up in the form of a trust or a company or a body corporate or a Limited Liability Partnership (LLP). Please see our previous post to read more on a

    AD
    By Alivia Das almost 6 years ago
  • Personal Data Protection Bill, 2018 – An overview with brief analysis

    Personal Data Protection Bill, 2018 – An overview with brief analysis

    Justice BN Srikrishna Committee (“Committee”) which was formed with an intent to have a highly effective data protection law in India has finally submitted the draft bill to the Ministry of Electronic and Information Technology (“Ministry”) on 27 July 2018.

    Sharda Balaji
    By Sharda Balaji almost 6 years ago
  • DISHA: Data Ownership, Security, Consent for health data.

    DISHA: Data Ownership, Security, Consent for health data.

    Acting on its vision for a National eHealth Authority (“NeHA”), the Ministry of Health and Welfare had introduced a draft bill for Digital Information Security in Healthcare Act (“DISHA” or “Draft Bill”). DISHA’s main purpose, as per its preamble is

    SS
    By Spandan Saxena about 6 years ago
  • DISHA – The future direction of digital health information in India

    DISHA – The future direction of digital health information in India

    The Ministry of Health and Welfare in the year 2015 published a note on establishing a National eHealth Authority (“NeHA”) to regulate the emerging usage of electronic mediums in healthcare, especially for maintenance of e-Health records and digital health information

    MI
    By Manas Ingle about 6 years ago
  • Regulatory update: Amendment to Private Placement process

    Regulatory update: Amendment to Private Placement process

    Prior to allotment of shares, a company has to follow the process of private placement or rights issue. In view of resolving the ambiguities and to amend various provisions of the Companies Act 2013 (the Act), the Ministry of Corporate

    Sharda Balaji
    By Sharda Balaji about 6 years ago
  • Employee Rights in Mergers and Acquisitions

    Employee Rights in Mergers and Acquisitions

    An entity to entity merger/acquisition has manifold considerations, movement of employees and their rights being one of the most important aspects. A change in the ownership or management of a company may result in a significant change in the working

    PA
    By Paul Albert about 6 years ago
  • Mandatory Pre-Institution Mediation: Commercial Courts

    Mandatory Pre-Institution Mediation: Commercial Courts

    The Commercial Courts (Pre Institution Mediation and Settlement) Rules, 2018 (“the Rules”) have been made under Section 21A(2) read with Section 12A(1) of the Commercial Courts Act, 2015. The Commercial Courts have been set up for faster resolution of “commercial

    AS
    By Avaneesh Satyang about 6 years ago
  • Issuance of Equity and Preference Shares with Differential Rights and Variation of Rights

    Issuance of Equity and Preference Shares with Differential Rights and Variation of Rights

    Background The term differential rights with respect to shares can be interpreted to mean the existence of rights different in nature than the rights that are inherently associated with ordinary shares. The holder of these shares has rights which are

    Sharda Balaji
    By Sharda Balaji about 6 years ago
  • The GDPR Era - First impression and observations

    The GDPR Era - First impression and observations

    The European Union’s General Data Protection Regulation (the “GDPR”) that came into effect on 25 May 2018, is touted as the most widespread and robust change to data privacy and protection law in the world. Many entities around the world

    Sharda Balaji
    By Sharda Balaji about 6 years ago
  • Early Stage Valuations: Legislative Context and Continuing Saga of Angel Tax

    Early Stage Valuations: Legislative Context and Continuing Saga of Angel Tax

    The last couple of months have been quite interesting in the startup ecosystem in India, given the legislative changes in the context of Section 56(2)(viib) of the Income Tax Act, 1961, or what we know as the ‘Angel Tax’ provision.

    Sharda Balaji
    By Sharda Balaji about 6 years ago
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