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Regulatory Updates

Articles

An easy Handbook for Directors

This freely downloadable e-book is a ready reckoner of directors duties, rights, liabilities, appointment, resignation and other questions of a director of a private limited company in India under Companies Act, 2013 as well as a few other legislations. Download

By Sharda Balaji over 7 years ago
Online Consumer Dispute Resolution

In light of Government’s recent moves towards demonetising the economy and in times when the Government is urging citizens of the country to adopt a cashless lifestyle and increase reliance to online transactions, a huge influx of first time online

By Sharda Balaji over 7 years ago
The Bankruptcy Code: A Brief Overview (Part Three)

Introduction The previous parts of this 3-part series (available here and here) of articles on the Insolvency and Bankruptcy Code, 2016 (the “Code”) analysed the substantive provisions of the Code dealing with the insolvency and bankruptcy resolution processes. However, in

By Sharda Balaji over 7 years ago
An Update on the Maternity Benefits Amendment Bill, 2016

The Maternity Benefits Act, 1961 (“Act”), provides for paid maternity leave for women working in the organized sector in India, before and after child birth. In light of the recent amendments proposed through the Maternity Benefits Amendment Bill, 2016 (“Bill”),

By Sharda Balaji over 7 years ago
Shutting Down A Company - Fast Track Exit Under The New Companies Act 2013

One of the quick ways to shut down a company, when non-operational over a period of time, was through a process called Fast Track Exit (FTE). In its place, under the Companies Act, 2013 has brought in a process called

By Sharda Balaji over 7 years ago
Regulatory Updates: Insolvency and Bankruptcy Laws, Company Law, Tax Laws, SEBI, RBI, Labour Laws

Insolvency and Bankruptcy Law MCA has notified Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 which provides for the procedure of making an application to the Insolvency and Bankruptcy Board of India by a financial creditor, operational creditor etc.

By Sharda Balaji over 7 years ago
The Bankruptcy Code: A Brief Overview (Part Two)

Introduction This article is the second in a 3-part series that discusses and analyses the new Insolvency and Bankruptcy Code, 2016 (the “Code”). With this 3-part series, we seek to provide a more extensive understanding and analysis of the important

By Sharda Balaji over 7 years ago
FDI in Financial Services Companies

Fintech companies which are not necessarily NBFC have some points to keep in mind while raising investment as FDI. Definition: Non-Banking Financial Company (NBFC) is defined in the Reserve Bank of India Act, 1934 as follows: a financial institution which

By Sharda Balaji over 7 years ago
Returning Excess Foreign Investment - Can There be an Efficient Way Bankers can Adopt?

Foreign investment in India is governed by the Consolidated FDI Policy (“FDI Policy”), the Foreign Exchange and Management Act, 1999 (“FEMA”) and related rules and regulations. Reporting Requirements A company receiving Foreign Director Investment (FDI) is required to intimate RBI

By Sharda Balaji over 7 years ago
Regulatory Updates: RBI & Foreign Exchange Management Act, Insolvency and Bankruptcy Law, Benami Law, SEBI

RBI & Foreign Exchange Management Act a.) External Commercial Borrowings (ECB) by Registered Startups Reserve Bank of India (RBI) on 27 October 2016 vide AP (DIR Series) Circular No. 13 permits Registered Startups (details here) to raise external commercial borrowings (ECBs)

By Sharda Balaji almost 8 years ago
Foreign Direct Investment (FDI) in LLP

Limited Liability Partnership (“LLP”) Act allows Indian nationals, body corporate, foreign nationals, companies incorporated outside India, as well as foreign LLPs to become partners in LLP. The Government of India, by a Press Note issued in April 2011, took a

By Sharda Balaji almost 8 years ago
Promotion and Acceleration of Young and Aspiring technology entrepreneurs (“PRAYAS”) - Benefits for startups

For nurturing knowledge based and technology driven ideas and innovations into successful Start-ups, the Innovation & Entrepreneurship Division, Department of Science & Technology (“DST”), Government of India developed an umbrella programme called National Initiative for Developing and Harnessing Innovations (“NIDHI”).

By Sharda Balaji almost 8 years ago