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| 05 December, 2020, 11:13 AM IST | E-Paper
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    Legal

    Dispute resolution: A brief guide to settling differences between promoters and other shareholders of the Company

    There lies a symbiotic relationship between the founders and the shareholders and both these elements are vital to a company.

    Big & bold - Taxing the global digital economy

    Digital economy is a concept that often defies traditional concepts and prototypes, overrides traditional edicts of taxation and is very often viewed suspiciously by tax authorities.

    Government issues ordinance to amend arbitration law

    The ordinance which further amends the Arbitration and Conciliation Act, 1996 also does away with the 8th Schedule of the Act which contained the necessary qualifications for accreditation of arbitrators.

    Going to courts during pandemic: How to fund corporate litigation when cash-strapped

    What is the ability of India’s corporations to pursue critical litigation in a recessionary, cash-strapped environment? Non-traditional financing mechanisms, such as Litigation Funding or Third Party Funding, may be the solution.

    Why the Companies Amendment Act, 2020 won’t be a game changer

    The Act missed a recommendation by the committee to permit the government to set higher limits for net worth, turnover, or net profit of companies for the CSR contribution.

    Stakeholder capitalism: The squishy idea made more relevant by Covid-19

    We need economic growth and business investment for job creation. We also need formal, not informal jobs. Businesses need to ensure that jobs are 'formal,' i.e., on the payroll. Improvement in the regulatory environment will allow enterprises to create 'on the rolls employment.'

    India’s burgeoning SaaS business face tax spanner

    The present talent pool, comprising of both technically skilled engineers and product managers, are the primary drivers for the success of Indian SaaS products. The first generation of Indian SaaS startups has already established a robust presence in the market.

    RICS introduces Dispute Resolution Service services in India

    ADR has become an effective way of settling disputes. RICS is working in collaboration with Indian Link Legal India Law Services and has introduced DRS in India.

    Pandemic provides unique opportunity to expand business by acquiring distressed assets

    In this ‘new normal’, deal making in distressed assets is a beacon of hope for the sluggish economy to create synergies and economies of scale. With the plethora of disinvestments in the stimulus package announced by the Government of India, investment in such distressed assets of public companies may also be on the rise.

    Decriminalisation of Companies Act: Decoding the COVID economic relief

    Historically, corporate India has suffered the rigours of a strict penal regime for violations and non-compliances under the erstwhile Companies Act, 1956, a...

    Independent Directors, the governance-guardians of the board, need to revitalise their role

    Independent Directors, the governance-guardians of the board, need to revitalise their role

    At a time when financial markets and mutual funds are reeling under unforeseen economic pressure, independent directors will have to ensure that public stake in the company that they represent is protected while the company itself takes measures to ensure seamless continuity.

    Companies Act reforms amid Covid-19: A primer

    Companies Act reforms amid Covid-19: A primer

    The Bill introduces a regime of direct listing of securities of domestic public corporations in certain foreign jurisdictions, thereby allowing domestic corporations to access a larger pool of capital.

    Independent directors - The evolving company resource during a pandemic

    Independent directors - The evolving company resource during a pandemic

    Independent directors are appointed for their expertise in particular areas of corporate governance. Their tenure of five years on their company’s Board of Directors prescribes the statutory duty to secure risk management, balanced decision-making, and deterrence of fraud.

    In times of COVID-19, the rules for national protection against opportunist investment needs greater clarity

    In times of COVID-19, the rules for national protection against opportunist investment needs greater clarity

    Clarity regarding applicability of the PN3 to share issuance in the form of Bonus and Rights issue to the existing shareholders from the Bordering Countries would relax the larger investor community.

    Government’s Covid-19 insolvency relief may be a double-edged sword

    Government’s Covid-19 insolvency relief may be a double-edged sword

    The directives of the Central Government to tide over these trying times are laudable. However, many of these changes are myopic and will create problems for stakeholders in the long run.

    Getting a move on: Is it time for pre-packaged insolvency in India?

    Getting a move on: Is it time for pre-packaged insolvency in India?

    While restructuring outside the Code is a possible option, it would not offer certain benefits available under the Code, such as the moratorium on legal proceedings and the relaxation of/exemption from statutory provisions or approvals.

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