[The following guest post is contributed by Nikunj Agarwal, who is a 3rd year student pursuing the B. A. LL.B. (Hons.) course at RML National Law University, Lucknow. He can be contacted at [email protected]. In this post, the author considers the regulation of a specific type of intermediary involved in crowdfunding, viz. the funding portals. This follows a previous guest post on a related...
Is provisioning a necessary precursor to CSR spending?
[The following post is contributed by Prachi Narayan and Swati Rampuria at Vinod Kothari & Co. They can be contacted at [email protected] and [email protected] respectively] Introduction Corporate social responsibility (‘CSR’) was made mandatory by Companies Act, 2013 (‘Act’). Al though it has been a year since this concept has entered the Indian corporate regime, still there are...
Regulating Equity Crowdfunding in India
[The following guest post is contributed by Arjya Majumdar, who is an Assistant Professor at the Jindal Global Law School. He can be contacted at [email protected]] In the aftermath of the 2008 financial crisis, small businesses found it increasingly difficult to raise funds. As a response, crowdfunding has emerged as a viable alternative for sourcing capital to support innovative...
DIPP Operationalizes Insurance FDI Reforms
The Government had earlier begun the process of enhancing foreign direct investment (FDI) in the insurance sector by increasing the investment cap from 26% to 49%. Given the political stalemate in the Parliament’s legislative process, the Government had initiated the reforms in December 2014 through the promulgation of the Insurance Laws (Amendment) Ordinance, 2014. Subsequently, the Finance...
Definition of ‘Remuneration’ Under the Companies Act, 2013
[The following post is contributed by Nivedita Shankar, who is a Senior Associate at Vinod Kothari & Company. She can be contacted at [email protected]] As the financial year 2014-2015 approaches its end, companies are gearing up to meet the “many” requirements pertaining to preparation of board’s report in line with the new Companies Act, 2013 (‘Act, 2013’). Amongst the other...
Budget 2015: Foreign Investment
Given the economic orientation of the new government, one would expect that the Budget would make wholesale relaxations to the foreign investment policy and open up or further liberalise various sectors. But, anyone adopting that tack is bound to be disappointed as the Budget makes minimal changes regarding foreign investment. First, the vehicle of alternative investment funds receives a boost as...
Budget 2015: Financial Markets
The Budget makes some proposals to boost the financial markets in India, both in the debt and equity segments, but arguably the reforms are only incremental and many not necessary result in drastic expansion of the markets. Corporate Bonds The first proposal is to give a fillip to the bond markets. As a co-author and I have observed in an earlier paper, the equity markets in India have developed...
Budget 2015: Ease of Doing Business
The Government’s focus on enhancing the ease of doing business in India is abundantly evident from the Budget. This involves not only issues of licensing and approvals, but also matters for legal reform. In this post, I argue that while the proposals in the Budget will certainly help grow industry and foreign investment, many of these measures appear to correlate precisely with the need to...
The Bombay High Court on Implied Exclusion
The Bombay High Court has recently given an important judgment in Harkirat Singh v Rabobank. It has revisited the law on the implied exclusion of Part I of the Indian Arbitration and Conciliation Act, 1996, which we have considered this on a number of occasions on this Blog. The point remains of great practical importance even though Bhatia International has been overruled because it is a live...
Constitutionality of the Amended Definition of “Non-Performing Asset” Upheld
[The following post is contributed by Prachi Narayan of Vinod Kothari & Company. She can be contacted at [email protected].] The Supreme Court in its judgment dated January 28, 2015 in Keshavlal Khemchand & Sons Pvt Ltd & Ors v. Union of India disposed off seventy petitions challenging the validity of the amended definition of Non Performing Asset (“NPA”) provided under section...
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