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Corporate and Commercial

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Reserve Bank of India amends Master Directions on KYC to extend Central KYC Records Registry compliance to legal entities

Submitted by indigoadmin on Tue, 12/22/2020 - 19:43

To facilitate uniform, Know Your Customer (KYC) compliance requirements for all legal entities, the Reserve Bank of India (RBI) on 18 December 2020, amended the Master Direction - Know Your Customer Direction dated 25 February 2016 (Master Directions) (Amendment).

Further amendments to Foreign Exchange Management (Non-Debt Instruments) Rules

Submitted by indigoadmin on Mon, 12/21/2020 - 10:20

On 8 December 2020, the Ministry of Finance, Government of India notified the Foreign Exchange Management (Non-debt Instruments) (Fourth Amendment) Rules, 2020 (NDI Amendment Rules). The NDI Amendment Rules (i) notified increase in the sectoral cap for foreign direct investment (FDI) in the defence sector to 74%; and (ii) issued certain clarifications on the present policy on investments from countries sharing land borders with India.

The proxy adviser regime in India: ingraining principles of natural justice in corporate governance

Submitted by indigoadmin on Mon, 12/14/2020 - 18:47

A 'proxy adviser' is any person who provides advice, through any means, to institutional investors or shareholders of a company, in relation to the exercise of their rights in the company, including recommendations on public offerings or voting recommendations on agenda items. Since the implementation of the Companies Act 2013 (the 'Act') and enhanced corporate governance standards under Securities and Exchange Board of India (SEBI)(Listing Obligations and Disclosure Requirements) Regulations 2015, the role of proxy advisers has become more prominent.

Why arbitration may not be the best way to resolve operational issues in JVs

Submitted by indigoadmin on Tue, 12/08/2020 - 13:59

It is not uncommon for joint venture partners to face impasses on operational matters during the lifecycle of a JV. These differences could be wide ranging, from day-to-day business issues to high-level strategic decisions such as capital expenditure, business expansion, entering into a new line of business, raising of funds, changing the business plan and sale or disposal of business or assets

Tamil Nadu promulgates ordinance to ban online gaming and ASCI introduces guidelines to make real money gaming advertising more responsible

Submitted by indigoadmin on Wed, 12/02/2020 - 18:59

Following the footsteps of Telangana and Andhra Pradesh (refer to our Ergo), the state of Tamil Nadu has also amended its laws to restrict online gaming within its territory. The Honourable Governor of Tamil Nadu promulgated the Tamil Nadu Gaming and Police Laws (Amendment) Ordinance 2020 on 20 November 2020 (Ref: Tamil Nadu Ordinance Number 11 of 2020) (Ordinance). The Ordinance amends the Tamil Nadu Gaming Act, 1930 (TN Gaming Act) and extends its territorial scope to cover the entire state of Tamil Nadu.

Capital Ideas: Haigreve Khaitan on how a self reliant India will only boost foreign investments

Submitted by indigoadmin on Mon, 11/23/2020 - 19:28

The senior partner at Khaitan & Co, a dealmaker, and institution builder talks about how leaders of corporate India never had to step out of their homes to do big deals, his journey from Kolkata to building Khaitan & Co into one of the largest law firms in India, the changes that the Covid-19 pandemic brought about to corporate India, the art of deal making, and the future of the legal industry

OTT Platforms and Digital News Media – New regulator (and perhaps a legal regime overhaul)

Submitted by indigoadmin on Tue, 11/17/2020 - 14:47

The Central government has, with effect from 9 November 2020, brought under the jurisdiction and control of the Ministry of Information and Broadcasting (MIB): (a) films and audio-visual programmes made available by online content providers; and (b) news and current affairs content on online platforms.