Powers of Enforcement Directorate: Case Study

Introduction Directorate of Enforcement (ED) is a specialized body tasked with implementing two crucial financial laws –Prevention of Money Laundering Act, 2002 (PMLA) and Foreign Exchange Management Act, 1999 (FEMA). ED exercises mainly two functions under the relevant laws: – conduct an investigation for violations of the FEMA provisions and money laundering offences under the […]

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Dispute Resolution in India- Arbitration Primer

A. Introduction Alternate dispute resolution methods have lured many away from litigation. Arbitration, being one among them, is cost-effective, flexible and less time-consuming compared to the long procedure one has to go through in the regular court proceedings. It has changed the approach to legal practice in India. A number of amendments have been made […]

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Powers of the Enforcement Directorate Under Various Laws and the Rights of the Accused/Aggrieved Persons

INTRODUCTION The object behind the formation of the Directorate of Enforcement was to create a body capable of enforcing the provisions of two special fiscal laws, i.e., the Foreign Exchange Management Act, 1999 (FEMA) and the Prevention of Money Laundering Act, 2002 (PMLA). The Directorate recruits’ officers through two mediums, i.e., directly or from other […]

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Shareholders’ Agreement- Clauses & Enforceability

When a company is created which results towards investment by more than one person into the company, a shareholders’ agreement is essential. Generally, the shareholders enter into such agreement during the registration of the company, however when it comes to the upcoming/new investors, the existing and the new investors may enter into and execute a fresh […]

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Franchise Regulations in India

INTRODUCTION India does not have a specific statute dealing with franchise matters. The Finance Act, defined the term franchise, which has now been repealed, owing to the introduction of the Goods and Services Tax. The Finance Act had defined a franchise, in the context of service tax, to mean an agreement by which the franchisee […]

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Lease and Rentals: Are these Operational debts under the IBC?

Introduction “Lease rentals arising out of the use and occupation of a cold storage unit which is for a Commercial Purpose is an ‘Operational Debt’ as envisaged under Section 5 (21) of the Code.”[1] This was the National Company Law Appellate Tribunal’s (‘NCLAT’) holding in the case of Anup Sushil Dubey v. National Agricultural Co-operative Marketing Federation […]

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Legality of Cross Border Demergers in India

A demerger is a reorganisation plan in which a single company is separated into two or more organisations, each of which is legally registered as a separate corporate entity and operates independently. The term demerger is not defined under the Companies Act of 1956 or the Companies Act of 2013, however Section 2(19AA) of the […]

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Bonus Issue and Share Split Under Companies Act, 2013

INTRODUCTION Bonus issue and split of shares are ways of rewarding the shareholders. Bonus shares are additional shares given to the current shareholders without any additional cost, based upon the number of shares that a shareholder owns. These are the company’s accumulated earnings which are not given out in the form of dividends but are converted […]

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Committees Under Companies Act, 2013 And Securities Exchange Board Of India (Listing Obligations And Disclosure Requirement) Regulations, 2015

INTRODUCTION: A board committee consists of board members for supporting the board’s work. Committees are formed to perform specific expertise work. Members of the committee have expertise in specific field. Committees improve the efficiency and effectiveness of Board in areas where more focused, specialized and technical discussions are required. Committee function in accordance with the […]

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Importance of a Non-Disclosure Agreement

Often, the biggest concern of a business entity is  protecting its confidential information that keeps its business unique and competitive. Whether it be protecting the intellectual property at its early stages, or just wanting to keep early commercial discussions private, or ensuring that information may not be disclosed by the employees of the organisation, the solution […]

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