Corporate and Commercial

The H-1B Visa Debate: Legal Perspectives on Challenges and Opportunities

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, […]

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SEBI CLARIFIES IMPACT OF TRANSFER OF SHAREHOLDINGS ON CHANGE IN CONTROL OF INVESTMENT ADVISORS AND OTHER INTERMEDIARIES

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

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SEBI Circular on Pro-Rata and Pari-Passu Rights for AIF Investors

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

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E-Commerce and Digital Trade in India: Growth, Challenges, and Regulatory Framework

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,

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RBI Revises KYC Directions: A Push Towards Enhancing Risk Management

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

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SEBI’s Enforcement Actions Highlight the Importance of Compliance and Governance

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

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Legal Considerations for Mergers and Acquisitions Involving Foreign Entities

Legal Considerations for Mergers and Acquisitions Involving Foreign Entities

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

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Strategies for Negotiating a Share Purchase Agreement

How to Negotiate a Share Purchase Agreement: Strategies for Buyers and Sellers

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

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Leveraging Trade Agreements and Bilateral Treaties for Business Expansion

Leveraging Trade Agreements and Bilateral Treaties for Business Expansion

Trade agreements and bilateral treaties play a crucial role in the global economy, shaping the ways in which countries interact commercially and legally. Understanding these agreements from a legal perspective is essential for businesses looking to expand their operations internationally. Definition and Importance Trade agreements are treaties between two or more countries that outline the

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Framework for M&A in the Indian Manufacturing Sector

What is the framework that governs M&A in the Indian Manufacturing Sector? The manufacturing sector M&A in the Indian landscape is shaped by an array of M&A regulations that ensure transactions are conducted in a manner that is fair, transparent, and beneficial for all parties involved. India’s regulatory framework for mergers and acquisitions is robust

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