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Ergo Update

Recent surge in COVID-19 cases results in suspension of deadline for time-bound IP filings in India

Submitted by indigoadmin on Mon, 05/03/2021 - 19:33

The recent rise in the COVID-19 cases in India led the Hon’ble Supreme Court of India (Supreme Court) to pass another order dated 27 April 2021 (SC Order) in Suo Moto Writ Petition (Civil) No 3/2020 (SC Matter), restoring its earlier order dated 23 March 2020 (Earlier SC Order). Last year in March 2020, Supreme Court vide Earlier SC Order had extended the period of limitation in all legal proceedings, whether condonable or not, with effect from 15 March 2020 till further orders. 

Balance sheet and acknowledgement of debt in IBC – hanging in balance no more

Submitted by indigoadmin on Sat, 04/24/2021 - 19:07

A three-judge Bench of the Supreme Court (SC), by a common judgement in Asset Reconstruction Company (India) Limited vs. Bishal Jaiswal (15 April 2020, Civil Appeal No 323 of 2021) and related matters, has held that the for the purposes of Insolvency and Bankruptcy Code, 2016 (IBC), balance sheet entries could constitute an acknowledgment of debt under Section 18 of the Limitation Act, 1963 (Limitation Act). 

74 percent Foreign Investment in Indian Insurance Companies Implementation Process Moving Quickly

Submitted by indigoadmin on Wed, 04/21/2021 - 14:49

The Indian government is moving quickly with the changes needed to implement the increase to the foreign investment cap in Indian insurance companies from 49% to 74%, which was announced in this year’s budget speech (2021 Budget Speech).

Prepackaged Insolvency Resolution for MSMEs – First step towards a long awaited Legal Framework

Submitted by indigoadmin on Fri, 04/16/2021 - 19:48

The Hon’ble President of India promulgated an ordinance being the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 dated 4 April 2021 (Ordinance) which inter-alia added Part III-A to the Insolvency and Bankruptcy Code, 2016 (IBC), introducing a framework for prepackaged insolvency resolution (Prepack) for corporate debtors qualifying as micro, small and medium enterprises (MSMEs). The Ordinance comes in the backdrop of the Covid-19 pandemic on MSMEs given that the pandemic exposed many of such businesses to severe financial distress.

Addressing the issues relating to investing in public issues through the UPI process – an analysis of the SEBI Circular dated 16 March 2021

Submitted by indigoadmin on Fri, 04/09/2021 - 16:03

The Securities and Exchange Board of India (SEBI), on 1 November 2018, had introduced the Unified Payment Interface (UPI) with Application Supported by Blocked Amount (ASBA) as an additional payment mechanism for retail individual investors to invest in certain capital market transactions. UPI is an instant payment system, which was developed by the National Payments Corporation of India.

The waiting period is over -The Competition Commission of India (after monthslong wait) publishes the approval order relating to Google USD 4.5 billion investment in Reliance Jio

Submitted by indigoadmin on Wed, 04/07/2021 - 13:16

Nearly 5 months after green-lighting Google International LLC’s (Google) acquisition of 7.73% shareholding in Indian telecom disruptor, Jio Platforms Limited (Jio), the Competition Commission of India (CCI), has published its approval order.