Investments

SEBI Proposes Easing Disclosure Requirements for Foreign Portfolio Investors

The Securities and Exchange Board of India (SEBI) is considering changes to its disclosure requirements for foreign portfolio investors (FPIs). In 2023, SEBI tightened regulations to address concerns about FPIs potentially using concentrated investments to bypass rules, particularly those with connections to investors from land-bordering countries (LBCs). However, recognising the operational challenges this posed for …

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India Simplifies Cross-Border Share Swaps & Boosts Global Investment!

Exciting news for investors! The Indian government has amended its Foreign Exchange Management Rules to facilitate cross-border share swaps and support the international growth of Indian companies. Key takeaways: – ODI-FDI Swaps Made Easier: No more prior RBI approval is needed, making cross-border transactions smoother and faster. – Clarity for NRI & OCI Investments: Non-repatriation …

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MCA Streamlines ‘Reverse Flipping’ for Foreign Companies

The Ministry of Corporate Affairs (MCA) has introduced the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2024, simplifying the process for foreign companies to merge into their Indian wholly-owned subsidiaries. This move is expected to streamline the reverse flipping structure, as part of the central government measures towards ease of doing business in India significantly. …

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Foreign Exchange Management (Non-debt Instruments) (Fourth Amendment) Rules, 2024: A Closer Look

Through a recent notification dated August 16, 2024, the Ministry of Finance amended the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“NDI Rules”) vide the Foreign Exchange Management (Non-debt Instruments) (Fourth Amendment) Rules, 2024 (“Amendment Rules”). The primary aim of these Amendment Rules is to simplify the process of cross-border equity share swaps by facilitating …

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Regulatory Amendments Likely to Boost Cross-Border Investments

Regulatory Amendments Likely to Boost Cross-Border Investments

In a significant move for global investors, the Department of Economic Affairs, on August 16, 2024, amended the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 (“NDI Rules”), to make cross-border share swaps easier.  The changes aim to support the international growth of Indian companies through mergers and acquisitions. This update follows the Union Budget’s promise …

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How to Secure Investment and Structure Your E-commerce Business

The journey of securing investment and structuring your e-commerce business is fraught with various legal considerations that can impact your business’s success. Understanding these legal aspects is crucial to ensure compliance and attract potential investors.  Starting an e-commerce business involves navigating through numerous legal hurdles. From choosing the right business structure to ensuring compliance with …

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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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Nominees or Legal Heir, Who Has The Legal Right Over Shares?

Nominees or Legal Heir, Who Has The Legal Right Over Shares?

In a significant ruling on December 14, 2023, in the case of Shakti Yezdani v. Jayanand Jayant Salgaonkar (Civil Appeal No. 7107 of 2017), the Hon’ble Supreme Court (“Supreme Court”) has cleared the air on a critical subject. The ruling pertains to whether the rights of a nominee under the Companies Act, 1956 (Section 109A …

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Enigma of Angel Tax Provisions

Section 56(2)(viib) Amendment’s Effects on Non- Resident Investors

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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Impact of Digital Personal Data Protection Act, 2023 on Transaction Documents

Impact of Digital Personal Data Protection Act, 2023 on Transaction Documents

Decoding The Impact Of Digital Personal Data Protection Act, 2023 On Transaction Documents After what seemed like an eternity, India has finally gotten its personal data privacy legislation in form of Digital Personal Data Protection Act, 2023 (“Act”). The Act is nothing short of a seismic shift in India’s approach to safeguarding personal data in …

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