To be or Not to be : the Wisdom of the CoC!
Introduction In a vast economy like India, every transaction carries an anticipated or unanticipated risk that determines the existence of the company (and its guarantors!) and has the potential to lead the company (and its guarantors!) into insolvency. Our credit markets which are dominated by banks and financial institutions play a pivotal role in determining …
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Carving out of the Regulatory Penalties imposed under the Consumer Protection Act, 1986 from moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016
The Supreme Court in Saranga Anil Kumar Aggarwal v. Bhavesh Dhirajlal Sheth & Ors., 2025 SCC Online SC 493, has addressed a crucial legal question concerning the intersection of the Consumer Protection Act, 1986 (“CP Act”), and the Insolvency and Bankruptcy Code, 2016 (“IBC”).
Legal Heirs vs. Custodian: The Ongoing Conflict Over Enemy Property
Introduction India’s independence in 1947 was accompanied by the tragic partition, which led to large-scale violence, displacement, and loss of life.
How ESG impacts M&As and dealmaking
By Atty. Kristine Torres and Atty. Mark S. Gorriceta March 29, 2024 – In the era of sustainability and growing concerns over climate change, environmental, social and governance (ESG) considerations have gained more significance in the context of mergers and acquisition (M&As) and dealmaking. Companies, investors and stakeholders are faced with increasing pressure to integrate …
Going Green: Sustainable Business Practices for a Sustainable Future
By: Atty. Ma. Katrina Rafaelle M. Ortiz August 28, 2024 – In today’s evolving business environment, the pursuit of profit remains as an important objective for businesses and other economies. However, there are recent shifts in stakeholder priorities which indicates that profit alone is no longer the primary concern. Key stakeholders like investors, customers, and …
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The Rising Need for AI Governance
By: Atty. Edsel Tupaz May 3, 2024 – ARTIFICIAL intelligence (AI) has become a major disruptor in industries and workplaces worldwide. Rapid developments in the strength and efficiency of AI systems in solving longstanding problems have turned the once niche tech into an essential productivity tool.
Getting to Know You, The AMLA Way
By: Atty. Marisol O. Sison August 28, 2024 – Customer due diligence in the financial industry is akin to getting to know someone before embarking on a long-term relationship. Just as individuals assess compatibility, potential red flags, and shared values, covered persons (e.g. Banko Sentral ng Pilipinas supervised entities, Securities and Exchange Commission supervised entities, …
Watt’s Next: The MMDA’s Ban on E-Bikes and E-Trikes
By: Atty. Hans Richmond Ong September 4, 2024 – It is no secret that Filipinos love cars. The impressive vehicle sales performance for the first quarter of 2024 showing a 12.7% increase year on year[1] is clear indication of the auto industry’s recovery from the COVID-19 pandemic-induced slump[2].
Retail Reboot: Unboxing the Internet Transactions Act of 2023
By: Atty. Ellice Edlyn L. Crescini October 1, 2024 – The COVID-19 pandemic forced everyone to change the way they shop. Some of those changes, like the urge to hoard face masks and alcohol, were short-lived. But other fundamental changes appear to be here to stay. While e-commerce was a buzzword some years ago, today …
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ESG Investing and Sustainability Reporting in the Philippines
By Atty. Kristine Torres and Atty. Mark S. Gorriceta January 31, 2025 – In recent years, we have seen a transformative shift in how investments are evaluated by incorporating environmental, social and governance (ESG) factors in investment decision-making. Beyond profitability, investors look through a business’ sustainability by evaluating environmental and societal contributions, and governance practices …
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