Corporate and Commercial

Introduction Related Party Transactions (“RPTs”) entail financial transactions between a company and entities with whom it shares an existing relationship such as directors, key managerial personnel, or their relatives. Transactions of this nature have long been the focus in corporate governance, with concern frequently raised over their possible misuse and conflicts of interest. Although the […]

In November 2024, the Supreme Court of India (“Supreme Court”), by a 3-2 majority, in the landmark judgment of Central Organisation for Railway Electrification v. ECI SPIC SMO MCML (JV) A Joint Venture Co. has settled a longstanding debate on whether an arbitrator appointment process allowing a party to unilaterally appoint a sole arbitrator, or

The H-1B visa program has been a contentious issue within U.S. immigration policy, particularly as the country approaches a new presidential term. Established under the Immigration Act of 1990, this non-immigrant visa category allows U.S. employers to temporarily engage foreign nationals in specialty occupations requiring theoretical and practical application of highly specialized knowledge. Indian professionals,

Introduction In a move aimed at providing clarity regarding the transfer and transmission of shareholding in investment advisors (“IAs”), research analysts (“RAs”) and Know Your Client Registration Agencies (“KRAs”), the Securities and Exchange Board of India (“SEBI”) has issued circular no. SEBI/HO/MIRSD/MIRSD-PoD-1/P/CIR/2024/164 dated December 27, 2024 (“Circular”). The Circular clarifies the respective scenarios wherein the

On December 13, 2024, the Securities and Exchange Board of India (“SEBI”) issued a pivotal circular that redefines the norms around pro-rata and pari-passu rights for investors in Alternative Investment Funds (“AIFs”). This follows SEBI’s earlier regulatory initiatives issued on November 18, 2024, which laid the groundwork for uniformity and investor-centric reforms across India’s alternative

Introduction: E-commerce in India has experienced exponential growth over the past few years, spanning various sectors, including groceries, electronics and general retail.  The rapid digital transformation is driven by enhanced internet connectivity, advancements in logistics infrastructure, and the modernization of payment systems.  As a result, e-commerce platforms have become a central component of the economy,

Background: Strengthening KYC Compliance With the aim to simplify the KYC process for financial institutions and enhance the effectiveness of customer identification measures, ensuring compliance with anti-money laundering and counter-terrorism financing regulations, RBI has recently made crucial amendments to its Master Directions -Know Your Customer (KYC) Directions, 2016, (“Amended Directions”) effective November 6, 2024. The

The Securities and Exchange Board of India (SEBI) has reiterated the critical importance of regulatory compliance and due diligence in corporate governance, particularly following its decisive actions in the Reliance Home Finance Limited (RHFL) case. With significant penalties imposed on prominent business figures like Mr. Anmol Ambani and Mr. Anil Ambani, SEBI underscores that adherence

What are the legal considerations in M&A transactions?  Navigating the complexities of cross-border mergers and acquisitions involves understanding regulatory requirements and legal frameworks that govern foreign direct investment in India. Ensuring compliance with these regulations is essential for the success of any M&A transaction, as it helps mitigate risks and leverages the full potential of

A Share Purchase Agreement (SPA) is a pivotal legal document in the context of mergers and acquisitions, facilitating the transfer of ownership of shares from the seller to the buyer. Share Purchase Agreement serves as the foundational contract outlining the terms of the sale, thereby protecting the interests of both parties involved. Understanding Share Purchase