ESG: General Considerations for Investing Practices
Introduction: Environmental Social Governance is a type of sustainable investing that gauges a corporation’s moral contribution to all its pertinent stakeholders. In fact, this strategy of investing in Companies’ whose social and environmental goals meet with investors’ individual goals and beliefs is seen fastest growth. First World Countries are progressively incorporating ESG requirements, thereby imposing […]
Legal Landscape for Space-Tech Companies
Introduction India’s space program begun in the 1962 along with the inception of the ISRO. Space related activities, be it exploration, study or research, were strictly limited to the scope of the government. The space program was completely encompassed in all its functions by the public sector owning the entire monopoly over its control and […]
Delving into the laws pertaining to cyber security in India
Introduction The 21st century has enormously witnessed different forms of cyber-crime related activities including but not limited to cyberbullying, cyberstalking, online job frauds, online sextortion, vishing, smishing, credit card fraud or debit card fraud, impersonation and identity theft and so on, pursuant to which it has become crucial for the introduction of cyber security laws […]
Statutory and Contractual Perspective of Shareholders’ Inspection Rights
As one of the major stakeholders of a company, shareholders are provided with certain rights under the Companies Act, 2013 (“Act”). These rights include voting rights, ownership rights, right to appoint proxies, right to dividends, right to speak at meetings, right to transfer shares, right to convene extraordinary general meeting, etc. However, the focus of […]
Guidelines on Digital Lending: A way forward
INTRODUCTION Since the global pandemic digital lending is one the most attractive innovations for both lenders and borrowers. It challenges the orthodox and physical method of lending as it has become one of the fastest-growing and accepted methods of lending. But, over the past 2 (two) years, this method of lending has also seen some […]
ESG: Regulatory Framework in India
A. INTRODUCTION:ESG is an acronym for Environmental, Social, and Governance. ESG takes the holistic view thatsustainability extends beyond just environmental issues.ESG can be best explained as a framework that helps the stakeholders understand how anorganization is managing risks and opportunities related to environmental, social, andgovernance criteria.While the term ESG is often used in the context […]
Vidharba Industries v Axis Bank Limited: A Highly Concerning Judgement in The Regime of IBC
In this recent judgement, the Apex Court has provided a very concerning precedent in Insolvency law for the nation. The Apex court held that an application made by a Financial Creditor Section under 7(5)(a) of the Insolvency and Bankruptcy Code, 2016 (“IBC/ Code”) the Adjudicating Authority has been allowed discretion in the admission of the […]
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 […]
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 […]
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 […]