[The following guest post is contributed by Bhushan Shah and Neha Lakshman of Mansukhlal Hiralal & Company. The views expressed are personal.] After significant changes in the Foreign Direct Investment (FDI) policy in November 2015, the Union Government through Press Note No. 5 (2016 Series) issued on 24 June 2016[1] announced further important changes to the FDI Policy. Changes introduced in...
Scheme of Amalgamation: Leeway on Appointed Date and Effective Date
[The following guest post is contributed by Bhavika Gohil, who is working with a multinational consulting firm in Mumbai] The Madras High Court by way of its order dated 6 June 2016 (accessible through Judis) permitted petitions filed by Equitas Micro Finance Limited (“Transferor Co. 1”), Equitas Housing Finance Ltd. (“Transferor Co. 2”) and Equitas Finance Ltd. (“Transferee Company”) (“the...
Analyzing RBI’s Scheme on Structuring Big Ticket Stressed Assets
[The following guest post is contributed by Harsh Loonker, who is a 4th year student at the Jindal Global Law School, Sonipat] Introduction India’s central banking institution, the Reserve Bank of India (RBI), has issued guidelines on a Scheme for Sustainable Structuring of Stressed Assets.[1] These guidelines would mark a significant shift in reactive measures undertaken by regulators to act in...
Venture Debt in India
[The following guest post is contributed by Dhanush M, who is a student at the Jindal Global Law School] It is an established convention that “Debt and startups don’t mix”. This could be attributed to the fact that the business models of banks and non-banking finance companies (NBFCs) who are the primary lenders in debt are built around collaterals like plant and machinery. Furthermore, lending...
GAAR and Tax Treaties
[The following guest post is contributed by Dr. Nigam Nuggehalli, who is an Associate Professor at Azim Premji University, Bangalore] The General Anti-Avoidance Rules (GAAR), to be in effect from April 1, 2017, were introduced by the government in a fit of frustration. The government found that many profitable companies were successful in avoiding tax even though their tax planning measures were...
Salient Features of CCI’s Order Approving PVR’s Acquisition of DLF’s Film Exhibition Business
[The following guest post is contributed by Tarun Mathur, who is a Manager at Ernst & Young, LLP (Mumbai) and has earlier worked with the Competition Commission of India in its Combination Division. Views are personal] In an order (Notice given by PVR Limited (PVR) (C-2015/07/288)) dated May 4, 2016 the Competition Commission of India (CCI), by majority, conditionally approved the proposed...
Guest Post: Independence and Impartiality of Arbitrators: The Applicability and Scope of amended Section 12
(The following post is contributed by Shubham Jain, who is a student at the National Law School of India University, Bangalore) Introduction The enactment of the Arbitration and Conciliation (Amendment) Act, 2015 (“the amendment”) has brought a slew of changes in the two decade old Arbitration and Conciliation Act, 1996 (“the Act”). Based on the recommendations of the 246th Report of the...
Disgorgement of profits – profits made in violation of SEBI directions vs. profits made in violation of law
In perhaps a first, SEBI has ordered impounding of profits that were made through legitimate and non-manipulative trades though in violation of SEBI directions not to trade. An earlier order against certain persons had “prohibited them from buying, selling or dealing in the securities market, directly or indirectly, till further orders.”. While such directions were in force, such parties...
Wilful Defaulter Provisions: A Spanner in the Works for M&A Transactions?
[The following post is contributed by Malek Shipchandler, a lawyer at Shardul Amarchand Mangaldas & Co. Views expressed herein are solely that of the author and do not in any way represent the views of his organization] The Indian securities regulator, the Securities and Exchange Board of India (SEBI) recently notified an amendment to the SEBI (Substantial Acquisition of Shares and Takeovers)...
Analysis of RBI’s Draft Guidelines for On-tap Licensing of Universal Banks in the Private Sector
[The following guest post is contributed by Aditya Sood, who is a 4th year BA, LLB (Hons) student at the West Bengal National University of Juridical Sciences, Kolkata] The Reserve Bank of India (RBI) on May 5, 2016 released Draft Guidelines for on-tap licensing of universal banks in private sector in India (“Draft Guidelines”).[1] The Draft Guidelines, if accepted, would mark a significant shift...
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