IBC-Amendment Ordinance, 2020

A. INTRODUCTION: In view of the affected businesses, financial markets and the economy caused due to widespread of Covid-19, uncertainty and stress for businesses have been created for reasons beyond their control, the President of India promulgated an Ordinance dated June 05, 2020, to further amend the Insolvency and Bankruptcy Code, 2016 (“Code”). The Insolvency […]

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Covid-19-EPF Contribution

To mitigate the liquidity crisis during the current severe situation with regard to the tremendous spread of Covid-19, the Government of India has introduced ‘Atmanirbhar Bharat Package’ under which the contribution under Employees Provident Fund & Miscellaneous Provisions Act, 1952 (“EPF Act”) has been reduced to 10% from the existing rate of 12% for all […]

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Lock-Down 4.0-Payment of Wages in Andhra Pradesh, Telangana and Maharashtra

A. LOCK-DOWN 4.0 BY GOVERNMENT OF INDIA: For the best interest of the public in general and as a part of safety measures from the adverse effects of Covid-19, the Government of India, through its notification dated May 17, 2020[1] (“Notification”) has extended the period of lock-down till May 31, 2020[2], however, through the same […]

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Essentials of an Employment Agreement

A. INTRODUCTION: An employment agreement is a legally binding contract which lays down the terms and conditions of employment and establishes an employer-employee relationship. An employment agreement clearly details the roles, responsibilities and obligations of the employer and the employee along with various other terms and conditions. The labour laws do not explicitly mandate the […]

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Regulatory Overview for Foreign Direct Investment

A. INTRODUCTION: Since the 1990s and with the setting up of many multinational companies in India, Foreign Direct Investment (“FDI”) has gained utmost importance with respect to capital inflow into the country. FDI is an investment made by a foreign entity which has business interests in another country. Usually, FDI takes place when an investor […]

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Regulatory Overview for Overseas Direct Investments

A. INTRODUCTION: Direct Investment outside India means investment by way of contribution to the capital or subscription to the Memorandum of Association of a foreign entity or by way of purchase of existing shares of a foreign entity either by market purchase or private placement or through stock exchange, by setting up a Joint Venture (JV) […]

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Regulatory Overview for External Commercial Borrowings

REGULATORY OVERVIEW FOR EXTERNAL COMMERCIAL BORROWINGS A. INTRODUCTION: External Commercial Borrowings (ECB’s) are commercial loans raised by eligible resident entities from recognized non-resident entities and should conform to parameters such as minimum maturity, permitted and non-permitted end-uses, maximum all-in-cost ceiling, etc. The parameters given below apply in totality and not on a standalone basis. ECB […]

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Ease of Doing Business: Company Vs. LLP

Ease of Doing Business- Company Vs. LLPA. INTRODUCTION: At the point when entrepreneurs start their new business, there is a typical disarray between which type of entity they should choose which will be best suited for their business. One must have basic information on what are the pros and cons of these organizations. In this […]

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Oppression and Mismanagement under Companies Act, 2013

Oppression and Mismanagement under Companies Act, 2013 A. INTRODUCTION: It is a known fact that the management of a company is completely based on the majority rule, however, at the same time the interests of the minority can’t be completely neglected. While discussing with regard to majority and minority, let us be clear that we […]

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Enforceability of SHA over AOA

Enforceability of SHA over AOA A. INTRODUCTION: A Shareholder’s Agreement (“SHA”) is an agreement between the company and the shareholders which describes the rights and obligations of the shareholders of the company. It also describes as to how a company should be operated. It also provides for the details with respect to information of the […]

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