Introduction India has a capital control regime, which regulates foreign equity and debt investments into India. The FDI Policy conditions are implemented through various legislations, which include the Foreign Exchange Management Act, 1999 (‘FEMA’) and subordinate rules made under it…
Introduction The Securities and Exchange Board of India (‘SEBI’) has significantly overhauled its capital-raising regulations through the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Amendment) Regulations, 2024 (‘Amending Regulation’), effective from May 18, 2024. The Amending Regulation, by…
Introduction Indian companies, typically, raise funds internationally through the issuance of depository receipts listed on foreign exchanges, by inviting non-residents to subscribe to offerings made within India, or through overseas borrowing. Our previous article on external commercial borrowings explored the…
Introduction If recent SEBI orders are considered, the title, ‘guardians of corporate governance’ seems increasingly misapplied for a cross section of independent directors. SEBI orders consistently point out short comings in the actions of independent directors specifically while discharging functions…
Introduction The concept of gratuity has long served as a means of acknowledgement and appreciation for employees’ unwavering commitment to their employment and employers. In accordance with the applicable provisions of the Payment of Gratuity Act, 1972 (‘Gratuity Act’), establishments/businesses…
Introduction In the dynamic landscape of legal jurisprudence, where every ruling holds the potential to reshape precedents and redefine legal boundaries, a recent judgment by the division bench of the Calcutta High Court in Eastern Indian Motion Picture Association &…
Introduction The subject matter of this article is a question that has often plagued the Indian courts. Section 180(1)(a) of the Companies Act, 2013 (‘CA 2013’) places restrictions on the board of directors of a company in respect of selling,…
Introduction Arbitration, an alternative dispute resolution mechanism wherein parties consensually decide to submit a dispute between them, to an arbitral tribunal to the exclusion of domestic courts[1]. Arbitration provides a neutral, efficient, and expert process for dispute resolution at a…
Employees play a pivotal role in driving an organization’s growth. Recent times have witnessed a surge in startups and a thriving e-commerce sector. Consequently, this led to an increase in opportunities and an escalation in competition. Given the fact that…
The Supreme Court of India (‘Supreme Court’), in the case of PTC India Financial Services Limited v. Venkateswarlu Kari and Another[1] (‘PTC Ruling’), resolved the conundrum pertaining to the pledge of shares in dematerialized form and its enforcement thereof.
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