corporate law Archives - Page 10 of 12

Navigating Legal Challenges: A Comprehensive Overview of Startup Compliance in India

In recent years, India has emerged as one of the world’s fastest-growing start-up ecosystems, with a vibrant and dynamic entrepreneurial spirit driving innovation and economic growth. As these start-ups continue to flourish, it becomes crucial for founders and entrepreneurs to navigate the complex landscape of regulatory compliance. This article aims to provide a comprehensive overview of start-up compliance in India by delving into the key regulatory frameworks, legal obligations and compliance checklists that start-ups need to consider.

India Entry & FDI Regulations: How To Setup Your Entity In India

The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce & Industry is responsible for formulating FDI policies and managing data on inward FDI. Initiatives such as Make in India, champion sector support, and project development cells under the Scheme of Investment Promotion (SIP)[1] have been launched to promote investment.

How to Raise Funds in India: Regulatory Framework & Legal Compliance

Compliance with the Securities and Exchange Board of India Act, 1992; the Reserve Bank of India Act, 1934; the Securities Contracts (Regulation) Act, 1956; the Prevention of Money Laundering Act, 2002; and the Companies Act, 2013 is essential for public and private offerings. These Acts, their subordinate rules and regulations, press notes and affiliated policies cover aspects such as disclosures, pricing, investor protection, and the appointment of intermediaries.

STRUCTURING INVESTMENTS VIA COMPULSORILY CONVERTIBLE DEBENTURES AND ITS ADVANTAGES OVER EQUITY INSTRUMENTS

We are penning this article to give the readers a brief outlook on the potential advantages in respect of the structuring of an investment via compulsorily convertible debentures in comparison to other pure equity instruments.

Peer to peer Lending- Registrations and Licensing Requirements

Through this brief article, we aim to provide a gist of the registration and licensing requirements for an entity engaged in peer-to-peer lending in India in addition to the prudential and reporting requirements in such respect.

‘Right of First Refusal’ Vs ‘Right of First Offer’: Conceptual Features, Differences and Analysis

This article speaks on the salient differences between the exercise of a ‘Right of First Refusal’ and a ‘Right of First Offer’.

Slump Sale: Legal Regime and Supreme Court’s Classification

This article amongst other aspects highlights the reasons for the prominence of a ‘slump sale’ in respect of the structuring of asset purchase arrangements and the landmark judicial precedents) underpinning such reasons.

Derivatives Contracts: Forwards, Futures, Options and Swaps

In layman terms, a Derivative based contract is a contract between two or more parties whose value is based on an agreed-upon underlying financial asset, index, or security. Some common financial instruments used for this purpose are Futures Contracts, Forward Contracts, Options Contracts, and Swaps Contracts. These are secondary securities whose value is solely based (derived) on the value of the primary security that they are linked to which is known as the underlying assets.

Impact of Social Security Code, 2020 on Employees’ State Insurance Scheme

The Code on Social Security (the Code), passed with a view to repeal and consolidate existing labor laws and facilitate ease of doing business, has introduced several changes in the Employees’ State Insurance (ESI) Scheme. This article brings forth the features pertaining to the ESI Scheme under the said Code, which proves crucial for both the employee(s) as well as the employer(s).

SIGNIFICANCE OF THE CAPPING OF LIABILITY CLAUSES IN CONTRACTS

By capping of liability, we mean stipulating a limit to the financial damages payable by a party to the contract, in the event of a breach. Commercial agreements of the current period have become very much advanced with various protective clauses, and one such clause is the “Liability Cap clause”.

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