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  • 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 almost 7 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 almost 7 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 almost 7 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 almost 7 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 almost 7 years ago
  • Externalisation: Many Indian Startups are Choosing to have their Holding Entity Outside India

    Externalisation: Many Indian Startups are Choosing to have their Holding Entity Outside India

    Indian companies have been facing issues in doing business, without any ease. Compliances have become complex and are becoming harder to meet all the compliances though there is full intent in complying with the various laws. While foreign direct investment

    Sharda Balaji
    By Sharda Balaji almost 7 years ago
  • Change in Levy of Additional Fee for Delay in Annual Filings with Ministry of Corporate Affairs

    Change in Levy of Additional Fee for Delay in Annual Filings with Ministry of Corporate Affairs

    Background The Ministry of Corporate Affairs (the MCA) on 8 May 2018, notified the Companies (Registration Offices and Fees) Second Amendment Rules 2018. With this notification, all annual filings filed post 30 June 2018, would incur a penalty of Rs.

    SH
    By Shivani Handa about 7 years ago
  • Operating Business in Renewable Energy (RE) Sector: Applicable Laws to Consider

    Operating Business in Renewable Energy (RE) Sector: Applicable Laws to Consider

    Rapid economic growth demands progressive measures in the Electricity or Power Sector. Power shortages and depletion of non-renewable energy resources coupled with distribution channel challenges have forced the economy to look forward to renewable energy creation and distribution. India’s commitment

    Sharda Balaji
    By Sharda Balaji about 7 years ago
  • Operating Business in Renewable Energy (RE) Sector: Applicable Laws to Consider

    Operating Business in Renewable Energy (RE) Sector: Applicable Laws to Consider

    Rapid economic growth demands progressive measures in the Electricity or Power Sector. Power shortages and depletion of non-renewable energy resources coupled with distribution channel challenges have forced the economy to look forward to renewable energy creation and distribution. India’s commitment

    Sharda Balaji
    By Sharda Balaji about 7 years ago
  • National Company Law Tribunal (NCLT) Merger/Amalgamation : Steps to think through and how to go about it.

    National Company Law Tribunal (NCLT) Merger/Amalgamation : Steps to think through and how to go about it.

    Click through the link below to access the article: National Company Law Tribunal Merger/Amalgamation : Steps to think through and how to go about it. Through a notification dated December 7th, 2016 Ministry of Corporate Affairs has notified various provisions

    Sharda Balaji
    By Sharda Balaji about 7 years ago
  • CO-FOUNDER LEAVING THE COMPANY? FEW THINGS TO CONSIDER

    CO-FOUNDER LEAVING THE COMPANY? FEW THINGS TO CONSIDER

    Co-founders separating is a harsh reality in early-stage companies, due to a plethora of reasons ranging from differences in opinion with regards the conduct of affairs, daily administration and management of the Company, to the relationship not working out organically,

    Sharda Balaji
    By Sharda Balaji about 7 years ago
  • APPLICABILITY OF LIMITATION ACT UNDER IBC (BK EDUCATIONAL SERVICES PVT. LTD Vs. PARAG GUPTA ASSOCIATES)

    APPLICABILITY OF LIMITATION ACT UNDER IBC (BK EDUCATIONAL SERVICES PVT. LTD Vs. PARAG GUPTA ASSOCIATES)

    Background Under the Insolvency and Bankruptcy Code 2016 (the Code), there has been an ambiguity with respect to applicability of the Limitation Act, 1963 (the Limitation Act). This has been deliberated upon in several judgments of the National Company Law

    Sharda Balaji
    By Sharda Balaji about 7 years ago
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