CHANGES TO THE MERGER CONTROL REGIME IN INDIA – COMPETITION LAW UPDATE
Recently the Indian Parliament approved the Competition (Amendment) Bill, 2022 (“Bill”) which introduces significant changes to the Competition Act, 2002 (“Act”).
WINDING UP AIFS SET UP IN THE FORM OF TRUSTS
This paper seeks to outline the grounds for, and compliances involved in winding up of an “alternative investment fund” set up as a trust and discusses a few lacunae in the law in this regard and some common practical issues faced by the fund upon winding up.
TO ‘PERKINS’ OR NOT TO ‘PERKINS’
Recently, a Single Bench of the High Court of Calcutta has delivered a judgment, McLeod Russel India Limited v. Aditya Birla Finance Limited (“McLeod Russel”)[1] in an application under Section 14 of the Arbitration and Conciliation Act, 1996[2] (“Act”).
THE DIGITAL PERSONAL DATA PROTECTION BILL 2022 – An Analysis
The draft Digital Personal Data Protection Bill, 2022 (“DPDPB”) was released on November 18, 2022 by the Ministry of Electronics and Information Technology (“MeitY”) for public consultation, pursuant to its withdrawal of the draft Personal Data Protection Bill 2019 (“PDPB 2019”) in August 2022.
SEBI’S PROPOSAL FOR PROVIDING EXITS FROM AIFS – A CRITIQUE
On February 3, 2023, the Securities and Exchange Board of India (“SEBI”) issued a consultation paper (“Consultation Paper”) which sought the views of the general public on proposals floated by SEBI for providing options to Alternative Investment Funds (“AIFs”) and their investors to carry forward unliquidated investments of a scheme upon expiry of its tenure …
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RERA REGIME – The Exemption Conundrum
Over the years, since the enactment of the Real Estate (Regulation and Development) Act, 2016 (“RERA”), the authorities constituted under RERA (“Authority(ies)”) have adjudicated on various complex issues stemming therefrom. One such issue revolves around the exemptions available to certain real estate projects[1] from being registered under RERA[2].
Open Network for Digital Commerce (ONDC)
Digital commerce, over decades, has grown exponentially and reshaped the global business environment and the manner in which buyers and sellers across the globe transact with each other, leading to a fairer marketplace for all businesses, including small businesses, across the globe. This exponential increase in digital commerce was further fueled by the advent of …
Fintech Primer – II
Banks and other financial institutions have always been at the forefront of technology usage for their business purposes. This is usually driven by the need to cut costs, make more profits for shareholders and provide better customer service.
REGULATIONS WITHIN THE SCOPE OF EARLY RETIREMENT WITHOUT MEETING THE AGE REQUIREMENT (EYT)
With Law No. 7438 on the Amendment of the Social Security and General Health Insurance Law and Decree No. 375 (“Law No. 7438”) published in the Official Gazette dated March 3, 2023, and numbered 32121, various amendments were made for employees who fail to meet the age requirements for retirement (“EYT- Emeklilikte Yaşa Takılanlar in …
CP assists Phoenix Payments in Landmark Constitutional Judgement
In a landmark judgement handed down by the First Hall, Civil Court, presided by the Hon. Justice Audrey Demicoli, earlier today the court found that the law granting the Financial Intelligence Analysis Unit (“FIAU”) the right to investigate and impose hefty administrative fines on subject persons as a result of certain regulatory breaches violate the …
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