India’s increasingly robust approach towards corporate fraud has helped in a significant level of fraud detection in public as well as private companies. The statutory and investor driven imperative to adhere to high...

The term beneficial owner wasn’t defined under the Press Note 3 of 2020, and the FEMA (Non-debt Instruments) Rules, 2019. Hence, there existed a dichotomy in the industry, as to the ownership threshold applicable to...

Regulators, investors and businesses are progressively aligning on the need to devise a robust regulatory framework detailing environmental, social and governance related norms and processes. In an attempt to streamline...

The Reserve Bank of India recently issued the Frequently Asked Questions to clarify certain positions under the Digital Lending Guidelines. The FAQs clarify the letter and spirit of the law to be followed by banks and...

The objective of this article is to highlight the legal backdrop governing manufacturing of Electric Vehicles (“EVs”) and its batteries and the process for approvals and certification of EVs and EV batteries. The...

The article discusses and analyses ESG reporting in general and focuses on the reporting framework in India. It also highlights some key issues that would be of interest to investors, public companies, and other market...

The objective of this article is to furnish the current policy regime and legal framework around electric vehicles (“EVs”) in India. In light of the growing concerns of climate change, there is a need to ensure...

On October 28, 2020, the DPIIT after a gap of 3 long years, unveiled the consolidated FDI Policy, 2020. While it seeks to consolidate the extant FDI regime and replaces the older policies, it does not overwrite the...

The RBI has decided to include start-ups for Priority Sector Lending (PSL). This is a strong initiative for ease of capital access and will impact the start-up ecosystem. Avimukt Dar, Nikita Goyal, and Aadhya R Chauhan...

The world is witnessing unprecedented times in light of the COVID-19 outbreak, which has led to countries across the globe adopting legal, political and economic measures which are equally unprecedented. In one such...

In a robust response to industry calls for urgent assistance to start-ups impacted by the COVID-19 pandemic, the Small Industries Development Bank of India has rolled out the COVID-19 Start-up Assistance Scheme....

With the growing uncertainty around the COVID-19 situation, parties have begun to evaluate what customarily gets built into transaction documents as a clause relating to material adverse effect or material adverse...

In furtherance of ease of doing business in India and in order to capture the changes which had been introduced by Press Note 4 of 2019, the Central Government on December 5, 2019, notified the Foreign Exchange...

The Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 (the 'Rules'), the Foreign Exchange Management (Debt Instrument) Regulations, 2019 (the 'Debt Regulations'), and the Foreign Exchange Management (Mode...

The Securities and Exchange Board of India ('SEBI') has notified the SEBI (Foreign Portfolio Investors) Regulations, 2019 (the 'Regulations') on September 23, 2019, in supersession of the SEBI (Foreign Portfolio...

On August 28, 2019, the Union Cabinet approved the proposal for amending certain provisions of the FDI Policy, suggesting relaxation of FDI norms for various sectors. INDUSLAW's Akhoury Winnie Shekhar, Jaidrath Zaveri...

The recently-introduced Companies (Significant Beneficial Owners) Amendment Rules, 2019, have been published in the Official Gazette. They have been introduced to identify individuals who have a significant holding or...

Towards the end of last year, SEBI provided its in-principle approval to amend the regulations relating to technology start-ups raising capital on the Institutional Trading Platform, a stock exchange for nascent...

On December 26, 2018, the DIPP issued a press note to introduce key changes to the conditions applicable to e-commerce marketplace entities to receive FDI under the FDI Policy. This will come into force on February 1,...

The Reserve Bank of India (the "RBI"), on September 1, 2018, released a user manual (the "SMF Manual") to clearly set out the procedure for filing a single master form (the "SMF"), which it introduced on June 7, 2018,...

On June 7, 2018, the Reserve Bank of India (the 'RBI') issued a circular (the 'Circular'),1 introducing a single master form (the 'SMF') to integrate the existing reporting norms for various types of foreign investment...

In an attempt to clarify the position in relation to the law relating to cross-border mergers in India, the Reserve Bank of India (the 'RBI') has notified the Foreign Exchange Management (Cross Border Merger)...

In an attempt to bring the reporting requirements relating to the Foreign Exchange Management Act, 1999 (the 'Act') in line with the recently-introduced Foreign Exchange Management (Transfer or Issue of any Foreign...

The Union Cabinet, on January 10, 2018, approved certain key amendments to the Consolidated FDI Policy Circular of 2017 (the 'FDI Policy'). The amendments aim to further liberalize and simplify the FDI Policy to create...

In the first of a multi-part series, Mint profiles the 40 most influential people in India's start-up ecosystem. While e-commerce influencers still dominate the list, there are a handful of new entrants, most...

Taking forward its Make in India initiative, on August 31, 2016, the Union Cabinet approved the scheme for grant of permanent residency status (“PRS”) with multiple entry to foreign investors, provided they...

Online supermarket BigBasket, microlender Janalakshmi Financial Services and logistics firm Delhivery Pvt Ltd have emerged among the winners of VCCircle Awards 2016 declared on Wednesday in Mumbai.

The Supreme Court, in its judgment in IDBI Trusteeship Ltd. V. Hubtown Ltd.[1] on November 15, 2016, has set aside the Bombay High Court’s judgment (summarised below) regarding the validity of structured...

The Department of Industrial Policy & Promotion (the "DIPP") had, in supersession of the erstwhile policy on foreign investments in India (the "Erstwhile FDI Policy") released the consolidated policy on foreign...

The Reserve Bank of India (the “RBI”) notified an amendment to the FEMA 2000 on April 28 2016 by issuing the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India)...

The petition filed by the Footwear Manufacturers & Retailers Association before the High Court of Delhi (the “High Court”) last year, alleging violation by the e-commerce players of the regime governing...

Earlier this month, the government of India eased restrictions on foreign direct investment ("FDI") in India with a view to promoting the 'Make in India' and 'Startup India' initiatives. The reforms are wide ranging and...

The Department of Industrial Policy and Promotion, Government of India vide press note 9 dated September 16, 2015 ("Press Note") amended the definition of 'capital' and also added paragraph 3.3.3 in the Consolidated...

What's in a name' - channeling Shakespeare, we looked at the changes in the Companies Act, 2013 ("2013 Act") with respect to preference and equity shares. The scheme of erstwhile Companies Act 1956 ('1956 Act') under...

The Companies Act, 2013, ('New Act') attempts to consolidate all the methods available to a company to raise capital. Chapter III and Chapter IV of the New Act sets out all the methods by which any company, whether...

With the passing of the Companies Act, 2013 (New Act) replacing the Companies Act, 1956 (Old Act), investors have to deal with several new concepts and principles now governing their investments into Indian companies....

Bar & Bench recognizes Srinivas Katta as the Dealmaker for his role in Softbank’s investment in Snapdeal. We understand that the complex transaction included multiple legal and commercial issues. Katta not...

The provisions relating to buy-back of securities under the Companies Act, 2013 ("Act of 2013") are an attempt to build upon the experience of the current buy back regime (as introduced in Companies (Amendment) Act,...

A common question that usually arises at the time of closing in a private investment in public equity (PIPE) deal or a private equity or venture capital investment transaction in India is: ‘Which of the provisions...