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.
NON-FUNGIBLE TOKENS: TRAVERSING THE CRYPTOVERSE
Non-fungible tokens or NFTs, as they are more popularly known, are digital collectible tokens, unique in form (hence non-fungible) which are verified and secured by a blockchain. NFTs provide and represent the authenticity of origin of an underlying work/item, its ownership, scarcity as well as its permanence.
BINDING NON-SIGNATORIES TO ARBITRATION: TRACING THE EVOLUTION OF THE LAW SINCE MTNL V. CANARA BANK
In November, 2019, in our paper titled, ‘Charting the Shifting Paradigms of Binding Non-Signatories to an Arbitration’ [1], we had analysed the issue, whether a party who was not a signatory to an arbitration agreement could also be bound by such an agreement?
INTERPLAY BETWEEN THE MSME ACT, 2006 AND THE ARBITRATION AND CONCILIATION ACT, 1996
In India, most arbitrations are governed by the Arbitration and Conciliation Act, 1996 (“1996 Act”). However, in certain cases, statutes provide for a statutory mechanism of arbitration where the Act may or may not apply [1]. In the case of the Micro, Small, and Medium Enterprises Development Act, 2006 (“MSME Act”), the same provides for …
ELECTRIC VEHICLE INDUSTRY IN INDIA- A Regulatory Overview
To reduce its carbon emissions and give a much-needed boost to the manufacturing and adoption of Electric Vehicles (“EV”), the Government of India, in March 2011, launched the National Mission of Electric Mobility (“Mission”) to promote electric mobility in the country. India also made a firm commitment at the United Nations Climate Change Conference held …
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CERT-IN’S SIX HOUR REPORTING RULE FOR CYBER SECURITY INCIDENTS- Statutory Interpretation and Analysis
Any person affected by a cyber security incident is required to mandatorily report such incident to the Indian Computer Emergency Response Team (“CERT-In”) if it is of a specified type. With effect the June 27, 2022, the deadline for such reporting has been fixed at 6 (six) hours of the incident being noticed or being …
GETTING PRIORITIES RIGHT ANALYSIS OF PRIORITY OF PROVIDENT FUND DUES IN RELATION TO A COMPANY UNDERGOING CIRP
The Employees Provident Funds Miscellaneous Provisions Act, 1952 (“EPF Act”) was enacted as a statute keeping in mind the Directive Principles of State Policy enshrined under Articles 38 and 43 of the Constitution of India to ensure social security for the employees working in an establishment. Whilst the EPF Act has an in-built mechanism to …