Insolvency Mediation: an effective tool for corporate insolvency dispute?

The present Insolvency law regime in India has proved to be pathbreaking legislation for the resolution of corporate distress. The Insolvency and Bankruptcy Code (IBC) is the only economic legislation providing a one-stop remedy for the initiation of insolvency proceedings against a corporate debtor. The Reserve Bank of India in its report highly acclaims IBC […]
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Can CIRP proceedings be initiated against a Personal Guarantor where no CIRP has been initiated against the Corporate Debtor?

It is a customary system for any lender to secure its loan by way of an assurance or guarantee made by the guarantor to take responsibility for repayment of loan taken by the principal borrower. The contract act under section 128 stipulates that the liability of the guarantor is co-extensive with that of the principal […]
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Overview on the Factoring Business and Its Recent Developments

I. Introduction Factoring Business defined under The Factoring Regulation (Amendment) Act, 2021: “factoring business” means the business of acquisition by way of assignment of receivables of assignor for a consideration for the purpose of collection of such receivables or for financing, whether by way of making loans or advances or otherwise, against such assignment but […]
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Importance of a Lease Agreement: A Lessor’s Perspective

A.INTRODUCTION The concept of lease has existed from the late 14th century and today it is a vital concept for all businesses in the world. A lease is a legal agreement that allows a person to use certain property that doesn’t belong to them, for a specified period with specific conditions and for a suitable […]
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Notice Period under various labour and employment laws in India

Introduction The term ‘Notice Period’ refers to the time between the date of issuing of termination and the last working day of an employee. It refers to the number of days an employer is required to give advance notice to the employee who is proposed to be terminated. A notice of termination is a formal […]
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Draft National Data Governance Framework Policy: An effective means of governing data?

Introduction to the NDGFP The progressing modernization and rapidly growing technological advances in India call for the need of digitalization. With this in consideration, the Government of India (“Government”) aims to soon achieve the vision of a “Digital India” [1] As a way forward towards a Digital India, the next focus of the Government is […]
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Copyright Law in India

INTRODUCTION Copyright protects literary and artistic works of authorial creativity. It is an authorship-based right, but also protects entrepreneurial works such as broadcasts, sound recordings, films, and published editions of literary, dramatic, and musical works. The ambit of copyright protection extends to, but is not limited to works such as books, novels, movie scripts, paintings, […]
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Presentation on Regulatory Framework of Mergers and Amalgamations Under Companies Act, 2013 and IBC, 2016

Please view the presentation using the link herein-below: Regulatory Framework of Mergers and Amalgamations Author: Prashant Jain, Co-Founder & Partner Disclaimer: The content of this presentation is intended to provide a general guide to the subject matter. For any queries, the author can be reached at  prashant@samistilegal.in
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Trademark Registration and Infringement

Introduction Trademarks are one of the various ways to protect your Intellectual Property. Intellectual Property constitute creations of human intellect. It can be referred to as a unique identity or expression. It could be a logo, design, literary work, artistic creation, sound, photograph, graphics or a combination of each/all of them. Such creations made from […]
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Compliances of a Privately Placed Debt Listed Company

Introduction:  A company issuing debt securities through private placement is required to comply with the provisions of section 42 of the Companies Act, 2013 read with the Companies (Prospectus and Allotment of Securities) Rules, 2014.  A private company issuing debt securities through private placement may also get its securities listed on the stock exchange platform […]
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