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Regulatory Updates

Articles

M & A: Different structures and a comparative

Acquisition of an entity can be undertaken in a number of ways such as an asset transfer, stock purchase, share swap, etc. It is critical to have certainty on the mode or structure of acquisition from the initial stage itself

By Sharda Balaji almost 7 years ago
Fund raising and valuation: Company can choose the methodology

The recent ruling by the income tax appellate tribunal (“Appellate Tribunal”) of Jaipur dated 12 July 2018 in the case of Rameshwaram Strong Glass Private Limited v ITO has come as a significant relief for tax payers. In this matter,

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By Paul Albert almost 7 years ago
Significant Beneficial Ownership: Who is the real owner of the shares?

The recent changes to Section 90 of Companies Act, 2013, is to determine the identity of the person behind the curtain who is having a significant ownership of the company and is essentially controlling the management and daily affairs of

By Sharda Balaji over 6 years ago
Jurisprudence of Corporate Criminal Liability of Directors

Gone are the times when the world viewed Indian Companies as ‘family businesses’. With time, the structures adopted in Indian companies have grown increasingly specialized and complex, with specific directors being nominated to take charge of specified activities of the

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By Avaneesh Satyang almost 7 years ago
Fund Formation: On-Shore and Off-Shore Structures

Global interest in the LP (Limited Partner) ecosystem, for investments in India focused businesses, is at an all-time high. According to recent surveys, about 108 India focused private equity firms are in the market looking to raise funds. The first

By Sharda Balaji almost 7 years ago
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

By Sharda Balaji almost 7 years ago
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

By Sharda Balaji almost 7 years ago
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

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By Alivia Das almost 7 years ago
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.

By Sharda Balaji almost 7 years ago
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

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By Spandan Saxena almost 7 years ago
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

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By Manas Ingle almost 7 years ago
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

By Sharda Balaji almost 7 years ago