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Preference Liquidation Hit or Miss?


By Priyanshi Singhal

The terms of the transaction documents for mergers and acquisitions are often dictated by the economics of investment and the bargaining position of the parties. The terms so contractually agreed upon must, however, always be within the operative legal framework.

Liquidati...

Supreme Court upholds COMPAT order directing competition investigations against UBER


By Charanya Lakshmikumaran & Puneeth Ganapathy

On 3rd September 2019, the Supreme Court of India (‘SC’) dismissed [See endnote 1] an appeal filed by Uber India Systems Pvt. Ltd. (‘Uber’) against the order of the erstwhile Competition Appellate Tribunal (‘COMPAT’) dated 7th<...

Timelines for Corporate Insolvency Resolution Process - The 2019 amendments and their ambiguities


By Gopal Machiraju and Puneeth Ganapathy
 
            In recent times, there have been multiple instances of delay in completion of the corporate insolvency resolution process (“CIRP”) as per the timelines prescribed under the Insolvency and Bankruptcy Code, 2016 (“Cod...

SEBI approves shares with differential voting rights - A welcome move


By L. Badri Narayanan and Pooja Vijayvargiya

The Securities and Exchange Board of India (“SEBI”) in its Board meeting dated 27th June, has approved a framework for issuance of shares with differential voting rights (“DVRs”), along with amendments to the relevant SEBI regulations to give effect to the framew...

Roles and responsibilities of Compliance Officers under SEBI regulations

 
By Rohit Subramanian
 

Business environment in India has undergone a sea-change in the past decade. Increased emphasis on values such as accountability, transparency, risk management has led to integration of compliance management with business processes. Executive board member(s) of companies are no...

A step towards strengthening institutional arbitration in India - New Delhi International Arbitration Centre Act, 2019


By Akshita Alok

With a view to promote institutional arbitration and to make India a destination for conducting international arbitration, a new bill was introduced and has been passed by both the Houses of the Indian Parliament and assented by the President of India – The New Delhi International...

New Delhi International Arbitration Centre Act comes into force


By Ganesh Chandru
                                                        &...

Controlling price of supply down the ladder: An antitrust breakdown


By Charanya Lakshmikumaran & Puneeth Ganapathy

Pricing of goods or services, by corporates, is typically a fine balance, among other factors, between the brand image and competition. To this effect, manufacturers and producers often try to control the price of goods or services in their downstream supply chain. Resale price maintenance (&lsqu...

Liquidation preference - Relevance in private companies


By  Priyanshi Singhal

In Indian law, manner of distribution of funds in case of liquidation or winding up is prescribed under the Companies Act, 2013 (Act) [See End Note 1] and the Insolvency and Bankruptcy Code, 2016 (Code),[See End Note 2] application of which is subject to the nature of the event. The waterfall, as r...

Quick guide to CCI Dawn Raids


By  Charanya Lakshmikumaran and Puneeth Ganapathy

Officers from the investigative wing of the Competition Commission of India (‘CCI’), have been increasingly undertaking dawn raid investigations to pursue allegations of anti-competitive practices. Recently, CCI conducted its fifth raid (3rd in the last 9 months) on the...

Whether recovery proceedings for a debt pertaining to a period prior to approval of resolution plan can be initiated against corporate debtor?


By Ankit Parhar

It is now a settled position that the prime objective of the Insolvency and Bankruptcy Code, 2016 (“IBC”) is resolution or revival of the Corporate Debtor; followed by maximising the value of the assets of the Corporate Debtor; and lastly to promote entrepreneurship and availability of credit. The proceedings under the...

Class Action Suits under Companies Law – A Reality?


By Manasa Tantravahi

Introduction

The viability of class action suits under company law in India has been a cause for much debate, ever since Section 245 of the Companies Act, 2013 (“Act”) got notified on 1st June, 2016. Section 245 of the Act per...

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