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new mandatory dematerialization norms for private companies

New Mandatory Dematerialization Norms for Private Companies

By / Corporate Secretarial / February 9, 2024

In a significant move aimed at enhancing corporate governance practice among Indian companies, the Ministry of Corporate Affairs on October  27, 2023  notified an amendment to the Companies (Prospectus and Allotment of Securities) Rules, 2014, and has subjected private companies to norms of mandatory dematerialization of shares. Following are the key aspects of the amendment: …

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denial of gender neutral sexual harassment policy supreme court

Denial of gender neutral Sexual Harassment Policy: Supreme court

By / Labour and Employment / March 7, 2024

Binu Tamta & Anr. Vs. High Court Of Delhi & Ors. The Supreme Court of India through an order passed in the case of ‘Binu Tamta & Anr. Vs. High Court of Delhi & Ors, W.P.(C) No. 162/201’, rejected the petition to make the sexual harassment policy gender-agnostic. The plea sought to supplant references to …

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Scrutinising CCDs through the lens of IBC: Has the Supreme Court ended the debate?

Scrutinising CCDs through the lens of IBC: Has the Supreme Court ended the debate?

By / Insolvency and Bankruptcy / March 7, 2024

Introduction  Recently, in a landmark judgment, the Supreme Court of India (the “SC”), via its order dated: November 09, 2023 in the case of IFCI Limited vs Sutanu Sinha and Ors, while upholding the order of National Company Law Appellate Tribunal (“NCLAT”) held that Compulsorily Convertible Debentures (“CCDs”) should be treated as equity under Insolvency and Bankruptcy …

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Sebi To Regulate Fractional Ownership Platforms

Sebi To Regulate Fractional Ownership Platforms

By / Corporate Secretarial / March 7, 2024

Investment in real estate is often capital intensive which requires considerable market knowledge. Not every investor has the appetite or knowledge for such an investment. Furthermore, the past decade has shown considerable growth and returns in the commercial real estate market with people investing in real estate other than owning their home. This trend has …

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unraveling the flipping phenomenon among indian startups

Unraveling The ‘flipping’ Phenomenon Among Indian Startups

By / Corporate and Commercial, Investments, Start-Ups / March 7, 2024

Introduction  In the evolving landscape of Indian entrepreneurship, the phenomenon of Indian startups ‘flipping’ into foreign jurisdictions has emerged as a strategic maneuver, capturing the attention of founders, investors and industry observers. This trend, marked by the relocation of startup headquarters to international destinations such as US and Singapore, brings forth a myriad of implications …

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share transfer valid despite non payment delhi high court

Share Transfer Valid Despite Non-Payment: Delhi High Court

By / Funds, Investments / March 7, 2024

Title to shares cannot be challenged on account of non- payment of consideration where share transfer form is validly executed and the transferee’s name is recorded in the register of members: Delhi High Court Introduction In a judgement passed by the Delhi High Court on December 15, 2023, in the case of Shashwant Nakrani vs. …

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Investing in StartUps through non-fungible tokens

Data Privacy And Protection

By / Data Privacy / March 7, 2024

At Burgeon Law we believe in taking a hands-on approach to dealing with ‘Data’, ‘Data Privacy’, ‘Data Protection’, ‘Personally Identifiable Information’ and ”Sensitive Personal Information’ which are the standard terms that one hear while dealing with information technology (IT) and IT security these days. With the Information and Technology Act, 2000 coming into force and …

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Legal Solutions in Investment Fund Formation

Fund Formation

By / Funds / March 6, 2024

With an evolving regulatory landscape, increased accountability and endless opportunities, more and more businesses are now shifting from traditional ways and looking at investment funds to meet their commercial objectives and rapidly accelerate their growth. At Burgeon Law, with extensive transactional experience, we navigate our clients in all legal aspects of investment funds lifecycle including …

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