[Ashi Mehta and Parv Kaushik are IV year B.A L.L.B (Hons.) students at the National Law School of India University, Bengaluru] On 17 April 2020, the Indian Ministry of Commerce & Industry issued a press note, which makes foreign direct investment (FDI) from an entity located in a land-bordering country subject to prior government approval. The stated aim of this amendment is to curb...
RBI’s Guidelines on Regulation of Payment Aggregators and Payment Gateways
[Abhishek Tripathy is a fourth year law student at the Institute of Law, Nirma University] In March 2020, the Reserve Bank of India (“RBI”) issued the Guidelines on Regulation of Payment Gateways and Aggregators, which issued in furtherance of a discussion paper released by the RBI in September 2019. The guidelines have been made effective from 1 April 2020. The extensive use of electronic modes...
Facebook-Jio Deal: Big Data, Competition and Privacy
[Anupriya Dhonchak is a IV year student at the National Law University, Delhi] Facebook recently signed an all cash deal worth ₹ 43,574 crores to acquire a 9.99 percent stake in Jio Platforms, a subsidiary of Reliance Industries Limited’s (RIL). It is the largest foreign direct investment (FDI) in the technology sector in India thus far. The deal brings together Jio, India’s biggest telecom and...
OECD’s Relief Measures and the Indian Tax Regime
[Vishal Rajvansh is a 3rd year BA.LLB student at the National University of Study and Research in Law, Ranchi] The effect of the fight against Covid-19 has compelled several countries to implement unprecedented measures, such as restrictions on the free movement of people and goods, shutting down large parts of the economy and isolating a significant proportion of the population. Notably, the...
Super Priority Financing: An Opportunity in a Crisis
[Apoorva Upadhyay and Parthsarthi Srivastava are 3rd year BBA.LL.B students at National Law University Odisha] As the economic conditions continue to deteriorate, several corporations will likely turn to file for bankruptcy protection in the near future. One of the most sought after alternatives for such distressed companies would be access to capital to ensure minimum liquidity and continuation...
Research Reports: Converting UPSI into Public Information
[Ashlesha Mittal is an associate at Cyril Amarchand Mangaldas and a graduate of National Law University, Jodhpur] Five orders were released by the Assessing Officer of Securities and Exchange Board of India (SEBI) on April 22, 2020, April 13, 2020 and March 26, 2020 against Kotak Mahindra Life Insurance Company Limited, Aditya Birla Sun Life AMC Limited, SBI Funds Management Private Limited, IDFC...
An Evidence Based Analysis of Relevant Market: The Case of Ridesharing in Delhi National Capital Region (India)
[Amol Kulkarni is Director (Research), at CUTS International, Jaipur, India. Swasti Gupta is a Research Associate at CUTS International, Jaipur, India. Parveer Singh Ghuman is a former employee of CUTS International who participated in the study. Ujjwal Kumar is a Policy Analyst at CUTS International, Jaipur, India. This post was originally published in the Oxford Business Law Blog, and can be...
Is the Indian CSR Legal Framework COVID Ready?
[Ayush Vijayvargiya is a corporate lawyer in Mumbai and a graduate of NALSAR University of Law] Since the onset of COVID-19 and the subsequent lockdown in India, there has been constant public demand for increased spending by the Government to address shortage of medical supplies in hospitals, food and monetary allowance to urban and rural poor, shelter and food for homeless people, funding to...
Corporate Governance in the Age of a Pandemic
Experience from past crises suggests that companies with robust corporate governance systems and practices are able to weather a storm better than others. Similarly, it is reasonable to hypothesize that, even amid the throes of a crisis such as the COVID-19 pandemic, referred to in corporate speak at an “unknown unknown” that has sparked a systemic risk, well governed companies can more optimally...
Revisiting Corporate Insolvency: An Empirical Case for Protection of Operational Creditors
[Surbhi Soni is a third year student at the National Law School of India University, Bangalore] The Insolvency and Bankruptcy Code 2016 adopts the conventional court-mediated contract enforcement mechanism for debt resolution and restructuring of a corporate debtor. The basic principle of such resolution is that it mirrors the application of a predetermined (or ex ante) contractual bargain...
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