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Call for Submissions: Trade, Law and Development

[Announcement on behalf of Trade, Law and Development] Founded in 2009, the philosophy of Trade, Law and Development (TL&D) has been to generate and sustain a constructive and democratic debate on emergent issues in international economic law and to serve as a forum for the discussion and distribution of ideas. Towards these ends, the Journal has published works by noted scholars such as the...

Call for Papers: NLUJ Law Review

[Announcement on behalf of the NLUJ Law Review] NLUJ Law Review is the flagship journal of National Law University, Jodhpur, established with the objective of promoting academic research and fostering debate on contemporary legal issues. It is a bi-annual, double-blind student reviewed and edited journal, focusing on an inter-disciplinary approach towards legal writing. The remit of the Reviewis...

Private Equity Firms and the Liability Puzzle of their Subsidiaries

[Rupam Dubey is a 2nd year B.A.LLB student and Hrithik Merchant a 4th year B.A.LLB student, both at the National Law School of India University Bangalore] The traditional essence of private equity was rooted in the strategy of acquiring companies for the purpose of selling them, while remaining detached from the day-to-day operations of the portfolio company. However, the landscape of modern...

Call for Papers by RMLNLU Law Review Volume XIV

[Announcement on behalf of Dr. Ram Manohar Lohiya National Law University] Dr. Ram Manohar Lohiya National Law University (RMLNLU) is a public law school and a National Law University located in Lucknow, Uttar Pradesh, India. It was established as Dr. Ram Manohar Lohiya National Law Institute in 2005, and since then, has been providing undergraduate and post-graduate legal education. It ranks...

Analysis of SAT Order: Appointment of Independent Director Above 75 years

[Gaurav Pingle is a practising company secretary and can be reached at [email protected]] Considering the importance of independent directors on the boards of listed entities, the Securities and Exchange Board of India (“SEBI”) has been amending the provisions relating to their appointment, re-appointment, appointment process, remuneration, and the like under the SEBI (Listing Obligations and...

Karvy Demat Case: How has SEBI Responded?

[Anant Budhraja and Praneeta Tiwari are 5th year BA-LLB (Hons.) students at West Bengal National University of Juridical Sciences] The Securities and Exchange Board of India (“SEBI”) on April 28, 2023, passed a stringent final order against Karvy Stock Broking Limited (“KSBL”) and its promoter Comandur Parthasarthy, whereby it banned them from accessing the securities market for seven years...

PMLA Framework on Virtual Digital Assets: Two Key Issues

[Jaideep Reddy is Counsel and Krati Hashwani a Senior Associate, Trilegal] The virtual digital asset (also known as crypto-asset or cryptocurrency) (VDA) industry is accustomed to legal ambiguity in India. There has been little in the way of legislative clarity, barring the specific income-tax regime introduced in 2022, and piecemeal measures such as a mandatory disclosure of holdings for...

Material Adverse Government Action (MAGA): Need for a PPP Framework in India

[Sri Janani S. is a 3rd year B.A., LL.B. (Hons.) student at National Law University, Jodhpur] In the recent years, public-private partnerships (“PPPs”) have been increasing manifold in India. The state is recognizing the private sector’s indispensable role in the infrastructure sector, urban water projects, healthcare and even in the development of electric vehicles. The Government is encouraging...

Supreme Court Ruling: Admission of Corporate Insolvency a Norm, Rejection an Exception

[Megha Maiti and Subhasmita Routray are legal counsels at Mercedes-Benz Financial Services India Private Limited] Section 7(5) of the Insolvency and Bankruptcy Code, 2016 (IBC) lays down the power of the National Company Law Tribunal (NCLT) to either accept or reject an insolvency application filed by a financial creditor. The issue of whether the said power is mandatory or discretionary in...

SEBI’s Regulatory Focus: Examining AIF Investors’ Excuse And Exclusion Rights

[Shreya Singh is a 5th year B.B.A., LL.B. (Hons.) student at National Law University, Odisha in Cuttack, Odisha] Over the past decade, the alternative investment funds (“AIFs”) regime (which structures in the private equity and venture capital investment) in India, has experienced substantial expansion. Private equity investments in India reached a cumulative value of $44 billion between 2015 and...

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