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Corporate and Commercial

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Prosecution proceedings against independent directors/ non-executive directors: A welcome step introduced by the Ministry of Corporate Affairs

Submitted by indigoadmin on Wed, 03/04/2020 - 21:18

On 2 March 2020, the Ministry of Corporate Affairs (MCA) issued a standard operating procedure (SOP) for prosecution of independent directors (IDs) and non-executive directors (NEDs) in respect of non-compliance with the provisions of the Companies Act, 2013 (Act).

Mortgage offered by subsidiary under insolvency to secure parent company’s debt- a preferential transaction: Supreme Court

Submitted by indigoadmin on Wed, 03/04/2020 - 15:46

In yet another landmark decision in relation to the corporate insolvency resolution process (CIRP) of Jaypee Infratech Limited (JIL), the Supreme Court in Anuj Jain, Interim Resolution Professional for Jaypee Infratech Limited vs. Axis Bank Limited Etc. Etc. (Civil Appeal Nos. 8512-8527 of 2019)dated 26.02.2020, has laid down the law on two aspects:

CARO 2020 – A regulatory measure to enhance trust in Indian Corporates – new challenges for auditors & auditees

Submitted by indigoadmin on Wed, 03/04/2020 - 15:39

Auditor’s reports are issued by the statutory auditor of the company as an end result of the audit to inter alia consolidate and summarise at the outset the key points emerging therefrom as well as to provide assurance and inspire confidence in the validity of the financial statements as it indicates compliance with applicable accounting standards. The format of auditor’s report is governed by Company (Auditor’s Report) Order. The Company (Auditor’s Report) Order, 2016 (CARO 2016) was notified on 29 March 2016.

Government’s clarification on FDI policy on single brand retail trading for goods procured from SEZ

Submitted by indigoadmin on Thu, 02/27/2020 - 14:16

Under the extant Foreign Direct Investment (FDI) policy, 100% FDI is permitted under the automatic route in Single Brand Retail Trading (SBRT) entities, subject to their compliance with the local sourcing requirements, whereby an SBRT entity having FDI of more than 51% must ensure that 30% of t

Hat-Trick for Online Fantasy Sports!

Submitted by indigoadmin on Mon, 02/24/2020 - 17:14

On the heels of the Punjab & Haryana High Court and the Bombay High Court verdicts, the Rajasthan High Court has vide its judgment in the case of Chandresh Sankla v State of Rajasthan & Others pronounced on 14 February 2020, upheld the legality of online fantasy sports gaming in India. It ruled that that such games are preponderantly a game of skill and therefore outside the ambit of gambling / betting legislations.

New ICA for RBI’s New Framework on Debt Restructuring

Submitted by indigoadmin on Mon, 02/24/2020 - 15:39

On 7 June 2019, the Reserve Bank of India (RBI) issued a revised prudential framework for resolution of stressed assets (RBI Framework) which filled the void in the pre-insolvency and Bankruptcy Code, 2016 (IBC) restructuring regime after the Supreme Court stuck down RBI's previous circular for resolution of stressed assets dated 12 Feb 2018 (12 Feb Circular) on the ground that universal and mandatory reference to IBC in ultra vires RBI's powers.

Amendments proposed to re-energize IBC | Push for faster resolution and clarity in treatment of creditors

Submitted by indigoadmin on Mon, 02/24/2020 - 12:58

In a Significant move, the Cabinet ministers of the Indian Government on 17 July 2019 cleared several amendments to the Insolvency and Bankruptcy Code 2016 (Code), which are proposed to be carried out through the Insolvency and Bankruptcy Code (Amendment) Bill, 2019 (Bill).