Category: Uncategorized
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Regulating Foreign Venture Capital Investors
[Posted by Umakanth Varottil] In a post on the Critical Twenties blog, Sarika raises a number of issues (both legal as well as practical) that plague the regulatory system governing foreign venture capital investors (FVCI). Although success in innovation is usually propelled by a facilitative legal, regulatory and contractual system that allows unimpeded flow of…
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Corporate Structure for Foreign Banks in India
[Posted by Umakanth Varottil] Historically, the RBI appears to have had a preference for allowing foreign banks to operate in India as branches rather than separately incorporated subsidiaries. Consequently, most (if not all) foreign banks have been established as branches for the purposes of banking law as well as company law. Apart from the fact…
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Constitutional Challenge to IPAB and Copyright Board
[Posted by Mihir Naniwadekar] Spicy IP reports that two writ petitions have been admitted by the Madras High Court challenging the constitutionality of the Intellectual Property Appellate Board (IPAB) [Shamnad Basheer v. Union of India] and the Copyright Board [SIMCA v. Union of India]. The challenge is based on separation of powers grounds; and if…
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Procedural leniency under the Negotiable Instruments Act
[Posted by Shantanu Naravane] Over the past few years, the Supreme Court has gone a long way towards reducing the use of section 138 of the Negotiable Instruments Act (“Act”) as the basis for the vicarious liability of directors. In February last year, National Small Industries v. Harmeet Singh Pantial, the Supreme Court emphasised the…
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Balco Arbitration Award: Section 111A of the Companies Act
[Posted by Umakanth Varottil] A CNBC-TV 18 report and interview indicate that an arbitration panel has rejected Sterlite’s right to acquire the balance 49% in Balco by way of exercise of a call option. The report states: The arbitration panel comprised of two former chief justices of India and a third senior judge. When Sterlite…
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General Anti-Avoidance Rule – UK Committee
[Posted by V. Niranjan] Developments in Indian tax law over the last five years or so have brought to the fore the contentious issue of whether it is desirable to enact a General Anti-Avoidance Rule [“GAAR”] in India, and, if so, whether it is likely to be effective. As we have noted, the Direct Taxes…
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A Case For Mandatory Dematerialisation of Securities
[Posted by Umakanth Varottil] In yesterday’s Financial Express, Prof. Jayanth Varma makes a compelling case for abolition of physical share certificates and for mandatory dematerialisation of all shares. To supplement the arguments he makes, dematerialisation also impacts the manner in which transfers of shares are recognised in law. In the case of physical shares, a…
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To Indemnify or Not?
[Posted by Umakanth Varottil] One of the key considerations while drafting or negotiating a contract is how to deal with consequences of violation of the contract by one of the parties. There are two possibilities. One is a simple claim for breach of contract. The other is the inclusion of a specific clause for indemnification.…
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SEBI’s Consent Order in the Reliance ADAG Case
[Posted by Umakanth Varottil] On January 14, 2011, SEBI passed a consent order in the matter relating to shares of Reliance Communications Limited (RCL). SEBI had earlier initiated investigations into transactions entered into by two companies within the ADA group of companies, being Reliance Infrastructure Limited (RIL) and Reliance Natural Resources Limited (RNRL), and some…