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.
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.
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.
This article speaks on the salient differences between the exercise of a ‘Right of First Refusal’ and a ‘Right of First Offer’.
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.
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.
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).
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”.
Anticipatory breach or repudiation is a well-recognized concept in Indian courts and the law on it is fairly well settled. In instances of an anticipatory breach, it is at the discretion of the injured party being notified of the breach as to whether it wants to put an end to the contract or keep it alive for its benefit.
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). A snippet of these features are as follows: