Funds

Safeguarding Investments: Navigating Restriction on the Transfer of Promoters Shares

Navigating Restriction on the Transfer of Promoters Shares

Safeguarding Investments: Navigating Restriction on the Transfer of Promoters Shares In the dynamic landscape of investments and corporate governance, the ownership of shares by a company’s promoters holds significant sway over business trajectories. Investors keen on ensuring stability and long-term growth must carefully navigate the intricacies of promoter stability and share transferability concerns. Unrestricted transferability …

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Enigma of Angel Tax Provisions

Enigma of Angel Tax Provisions

Impact of Section 56(2)(viib) Amendment on Non- Resident Investors When the Finance Act, 2023 amended Section 56(2)(viib) of the Income Tax Act, 1961 to make the angel tax provisions applicable to share application / premium received from non- resident investors as well, concerns were raised by several overseas stakeholders, who often obtain valuation reports at …

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treatment of convertable notes as financial debt under ibc

Treatment of Convertable Notes as Financial Debt Under IBC

Possible Treatment Of Convertible Notes As Financial Debt Under IBC Similar to Compulsorily Convertible Debentures (“CCDs”), Convertible Notes (“CNs”) are hybrid instruments that combine elements of debt and equity. However, unlike CCDs, CNs are defined under the Companies Act, 2013. Rule 2 of the Companies (Acceptance of Deposits)  Rules,  2014  (Deposit  Rules),  defines  CNs as …

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share transfer valid despite non payment delhi high court

Share Transfer Valid Despite Non-Payment: Delhi High Court

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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Legal Solutions in Investment Fund Formation

Fund Formation

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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Understanding the Civil Liabilities and Importance of D&O Insurance for Company Directors in India

Civil liabilities of a director and why every investor needs a D & O insurance policy

The role of directors in a company is to provide leadership, guidance, and oversight to ensure that the company is being run in a responsible and ethical manner, and that its goals and objectives are being achieved. The directors play a crucial role in ensuring that a company operates in the best interests of its …

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Claw-Back And Reverse Vesting

Claw-back and Reverse Vesting in light of the Ashneer Grover Saga: An Explainer

A stint as a “shark” on the business reality television series, “Shark Tank India”, made Mr. Ashneer Grover a household name. His fame skyrocketed given his no-nonsense attitude, quick wit and an unparalleled zeal for all things business. It would not be wrong to say that he was having a dream run, with a loyal …

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