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Ergo Update

'MOST FAVORED NATION' CLAUSE IN TAX TREATIES, NOT AUTOMATICALLY FAVORABLE

Submitted by kcoadmin on Sat, 10/21/2023 - 21:45

In a significant judgment that can have far-reaching ramifications concerning interpretation of Double Taxation Avoidance Agreements (DTAA), the Supreme Court of India, in  a group of matters titled as Assessing Officer Circle (International Taxation) vs. M/s Nestle SA, 2023 INSC 928 [Civil Appeal No(s).

COMMUNICATION FROM MINISTRY OF CORPORATE AFFAIRS PERTAINING TO SIGNIFICANT BENEFICIAL OWNERSHIP

Submitted by kcoadmin on Tue, 10/17/2023 - 19:01

Over the past few days, the Office of the Registrar of Companies, Central Scrutiny Centre has been issuing email advisories for compliance of provisions of significant beneficial ownership (SBO) provisions of the Companies Act, 2013 (Companies Act), essentially, Section 90 of the Companies Act and the Companies (Significant Beneficial Owners) Rules, 2018 (SBO Rules).

Effective Management and Regulation of EPF-Exempted Establishments: EPFO Releases SOP

Submitted by kcoadmin on Mon, 10/16/2023 - 20:37

On 6 October 2023, the Employees’ Provident Fund Organisation (EPFO) released a Standard Operating Procedure (SOP) for management and regulation of establishments that are permitted to operate an exempted private provident fund trust under the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act).

Once Listed, Always Listed – SEBI Amends Laws for Listing of Debt Securities for all Equity Listed Entities

Submitted by kcoadmin on Fri, 10/13/2023 - 19:20

The Securities and Exchange Board of India (SEBI) vide its notification dated 19 September 2023 has inserted regulation 62A to the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (SEBI LODR Regulations), hereinafter referred to as the “Amendment”.

SEBI's Redressal of Investor Grievance through SCORES Platform and Online Dispute Resolution

Submitted by kcoadmin on Fri, 10/13/2023 - 13:19

In a significant move towards bolstering investor protection, the Securities and Exchange Board of India (SEBI) has issued a circular on 20 September 2023 (Circular) for redressal of investor grievances through SEBI’s Complaint Redressal Platform (SCORES) and its Online Dispute Resolution Platform (ODR). The Circular will be effective from 4 December 2023.

Energy, Infrastructure & Resources (EIR) Quarterly Legal Updates - Volume 1 - Edition 1 (July-September 2023)

Submitted by kcoadmin on Tue, 10/10/2023 - 13:48

With the Indian Government’s increased focus on infrastructure and clean energy, the past few months have seen a host of developments in the energy, infrastructure and resources (EIR) space. The EIR Quarterly Legal Updates | Volume 1 - Edition 1 (July-September 2023) aims to bring out the key legal and regulatory updates in the EIR sectors for the benefit of readers, stakeholders and other interested parties. Set forth below is a snapshot of the major highlights:

Celir LLP v Bafna Motors – SC Holds That a Mortgagor’s Right of Redemption Extinguishes on Issue of Notice of Auction Under the SARFAESI ACT

Submitted by kcoadmin on Fri, 10/06/2023 - 16:32

A three-judge Bench of the Supreme Court recently interpreted the amended provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest, 2002 (SARFAESI Act) regarding a borrower’s right of redemption during an auction sale process in Celir LLP v Bafna Motors, 2023 SCC OnLine SC 1209.