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5 October 2018 at 18 : 32 PM
Tax Hotline: NCLT Refuses to Sanction Merger Scheme on Tax Avoidance Grounds
Read MoreOctober 05, 2018 NCLT REFUSES TO SANCTION MERGER SCHEME ON TAX AVOIDANCE GROUNDS NCLT refuses to sanction merger resulting in benefit only for promoters; rules that merger not in the public interest; Rules that hypothetical tax liabilities should be dealt with prior to grant of sanction, not post grant of sanction. Tax authorities raise objections; […]
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4 October 2018 at 18 : 59 PM
Education Sector Hotline: Edtech Platform held liable for hosting infringing content
Read MoreOctober 04, 2018 EDTECH PLATFORM HELD LIABLE FOR HOSTING INFRINGING CONTENT In a recent judgement, the Madras High Court held that: Platforms hosting user content and retaining control over the content, by exercising their right to modify and refuse uploads, cannot claim safe harbour protection under Section 79 of the Information Technology Act, 2000 (“IT […]
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26 September 2018 at 23 : 08 PM
Funds + Regulatory Hotline: SEBI declares NRIs & OCIs eligible for FPIs, prescribes additional KYC norms
Read MoreSeptember 26, 2018 SEBI DECLARES NRIS & OCIS ELIGIBLE FOR FPIS, PRESCRIBES ADDITIONAL KYC NORMS Post consideration of the interim report submitted by the HR Khan working group, SEBI has recently released two circulars for FPIs – one dealing with eligibility criteria for new and existing FPIs that have NRI participation and the other dealing […]
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25 September 2018 at 18 : 21 PM
Indian Drone Regulations 1.0 (September 19, 2018)
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25 September 2018 at 18 : 25 PM
Trading Plans – SEBI’s Informal Guidance (September 18, 2018)
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24 September 2018 at 18 : 33 PM
Insolvency and Bankruptcy Hotline: Bondholders under IBC: Unravelling no action clauses
Read MoreSeptember 24, 2018 BONDHOLDERS UNDER IBC: UNRAVELLING NO ACTION CLAUSES This article was originally published in the 24th September 2018 edition of SUMMARY: In this article, we explore the rights of a special class of creditors, i.e. holders of bonds (Bondholders) and their ability to initiate corporate insolvency resolution process (CIR Process) under IBC in light of “no […]
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24 September 2018 at 15 : 43 PM
Structure-Credit Platform (September 12, 2018)
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24 September 2018 at 15 : 37 PM
HR Laws CE: Updates on POSH Act and Recent Case Laws, Part II (September 06, 2018)
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24 September 2018 at 14 : 42 PM
Dispute Resolution Hotline: India: power of courts to refer non-signatories to arbitration
Read MoreSeptember 24, 2018 INDIA: POWER OF COURTS TO REFER NON-SIGNATORIES TO ARBITRATION This article was originally published in International Arbitration Law Review (Vol. 21 Issue 4 of 2018) SUMMARY: In the context of foreign-seated arbitrations, the Supreme Court of India has clarified that non-signatories to an agreement may be referred to arbitration in certain circumstances […]
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20 September 2018 at 18 : 02 PM
Tax Hotline: Madras High Court: Indian company is not an agent for transfer of its own shares
Read MoreSeptember 20, 2018 MADRAS HIGH COURT: INDIAN COMPANY IS NOT AN AGENT FOR TRANSFER OF ITS OWN SHARES An Indian company cannot be considered as an agent of its non-resident shareholders in relation to the overseas transfer of its shares. Show cause notice on the Indian target entity as a representative assesse of a non-resident […]
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19 September 2018 at 17 : 38 PM
Workshop by Citibank on FEMA 20 (R) New TISPRO Regulations (September 05, 2018)
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18 September 2018 at 16 : 59 PM
Dispute Resolution Hotline: Introduction of fresh evidence for setting aside Arbitral Award
Read MoreSeptember 18, 2018 INTRODUCTION OF FRESH EVIDENCE FOR SETTING ASIDE ARBITRAL AWARD Proceedings under Section 34 of Arbitration Act are summary in nature Courts should not look beyond the record of arbitral tribunal to set aside arbitral awards Leading evidence in Section 34 proceedings should not be allowed unless absolutely necessary The Supreme Court (“Court”) […]
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14 September 2018 at 16 : 47 PM
Education Sector Hotline: India’s new regulations for online courses and programmes
Read MoreSeptember 14, 2018 INDIA’S NEW REGULATIONS FOR ONLINE COURSES AND PROGRAMMES The University Grants Commission (“UGC”) has introduced regulations to recognize degrees, diplomas and certificates offered by Universities and Institutions deemed to be Universities in an online medium, to students in India. The key objective of these regulations is to ensure easy access to education […]
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10 September 2018 at 18 : 02 PM
World Investment Court for International Investor-State Disputes (September 04, 2018)
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10 September 2018 at 15 : 21 PM
Insolvency and Bankruptcy Hotline: Whether challenge to an Arbitral Award is an ‘Existing Dispute’ under the Code?
Read MoreSeptember 10, 2018 INSOLVENCY AND BANKRUPTCY: WHETHER CHALLENGE TO AN ARBITRAL AWARD IS AN ‘EXISTING DISPUTE’ UNDER THE CODE? Supreme Court has held that: application for initiation of corporate insolvency resolution process by the operational creditor is liable to be rejected in the presence of a ‘pre-existing dispute’ as to the debt; pendency of challenge […]
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6 September 2018 at 15 : 08 PM
Regulatory Hotline: Regulatory Alert: Common Application Form for FPIs
Read MoreSeptember 06, 2018 REGULATORY ALERT: COMMON APPLICATION FORM FOR FPIS Central Government notifies the Common Application Form for FPIs. Common Application Form consolidates the registration, opening of bank and demat accounts, and application for PAN by FPIs in India, into one single master form. In continuation of its endeavour to liberalize the existing foreign portfolio […]