Blog Posts
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Abolition of the Foreign Investment Promotion Board
[Posted by Umakanth Varottil] The economic liberalization that began in India in 1991 brought with it a substantial increase in foreign direct investment (FDI) since then. Those involved in, or following, these developments, since the 1990s will remember the rather significant role played by the Foreign Investment Promotion Board (FIPB) in approving FDI into the…
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Supreme Court Reinforces Sanctity of a Takeover Offer
[Posted by Umakanth Varottil] In what circumstances can a takeover offer, once made, be withdrawn? This issue has occupied the attention of the Supreme Court in two previous cases, Nirma Industries v. Securities and Exchange Board of India and Securities and Exchange Board of India v. Akshya Infrastructure Pvt. Ltd. In these cases, the Supreme…
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SEBI accuses statutory auditors for fraud, etc.
[Posted by Jayant Thakur] SEBI has passed an interim order against various persons which also doubles up as a show cause notice (“SCN”) on the erstwhile statutory auditors (“the Auditors”) of a listed company. The Auditors are asked to show cause why directions should not be issued to debar them from issuing certificates under several…
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The M&A Environment in Brazil – A Guide for Indian Acquirers
[Posted by Satyajit Gupta] My learned colleague Rodrigo and I have written an article on the M&A environment in Brazil (from an Indian buyer’s perspective). It is available at http://barandbench.com/viewpoint-ma-environment-brazil-guide-indian-acquirers/ and I have also excerpted it below. Background Brazil is the world’s fifth largest country and with an estimated population of 200 million, it is…
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The Introduction of Interest Rate Options In India
[Posted by Umakanth Varottil] [The following guest post is contributed by Niharika Choudhary, who is a 4th year student at the National Law University, Jodhpur] Introduction Trade in financial derivatives has led to an enormous growth of the Indian financial system. New instruments have proliferated and trading volume has exploded. The use of financial derivatives…
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Regulating India’s FinTech
[Posted by Umakanth Varottil] Normal 0 false false false EN-US JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:8.0pt; mso-para-margin-left:0in; line-height:107%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:Calibri; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin;} [The following guest post is contributed by Vaibhav Parikh, who is a business lawyer associated…
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A New Book on India’s Intellectual Property Dilemmas
[Posted by Umakanth Varottil] [Guest post by Prashant Reddy (Research Fellow, School of Law, Singapore Management University) and Sumathi Chandrashekharan (Senior Resident Fellow, Vidhi Centre for Legal Policy) on their new book] About four years ago, in a game-changing case, the pharmaceutical giant Novartis AG, lost the rights to their patent in India covering one…
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Integrated Reporting by Indian Companies
[Posted by Umakanth Varottil] [The following guest post is contributed by Nivedita Kannan, who is an associate company secretary with a keen interest in corporate law. She can be reached at sh.nivedita@gmail.com] The Securities and Exchange Board of India (SEBI), by way of its circular issued on 6 February 2017 (Circular), advised the top 500…
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The Death of the “Absolute Interest”
[Posted by Umakanth Varottil] Normal 0 false false false EN-US JA AR-SA /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:Verdana;} [The following guest post is contributed by Aditya Swarup, who is an Assistant Professor at the Jindal Global Law School] In the…
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Shareholder Primacy in India: So Near and Yet So Far!
[Posted by Umakanth Varottil] [The following guest post is contributed by Professor Bala N. Balasubramanian, who is an Adjunct Professor at the Indian Institute of Management, Ahmedabad.][1] The scholarly debate on primacy among the shareholders, boards and the executive in corporate governance is intellectually as challenging as it is yet inconclusive, although more recent trends…