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Analysis of the “Foreign Exchange Management (Non debt Instruments) (Second Amendment) Rules 2020”

Introduction The Ministry of Finance (Department of Economic Affairs) has notified the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 dated 17 October 2019 (Principal Rules) in supersession of erstwhile Foreign Exchange Management (Transfer of Issue of Security by a Person Resident outside India) Regulations, 2017 and the Foreign Exchange Management (Acquisition and Transfer of Immovable… Continue reading Analysis of the “Foreign Exchange Management (Non debt Instruments) (Second Amendment) Rules 2020”

Trading Plan

NEED FOR TRADING PLAN To reconcile the need to maintain the prohibition on trading in securities when in possession of Unpublished Price Sensitive Information (UPSI) with the need to provide a regime in which compliance-conscious insiders are able to put in place a compliant mechanism to trade in securities where they are insiders, the concept… Continue reading Trading Plan

VOLUNTARY LIQUIDATION

(Under the Insolvency and Bankruptcy Code, 2016) Insolvency and Bankruptcy Code, 2016, governed the provisions of voluntary liquidation. Section 59 of the Insolvency and Bankruptcy Code, 2016 (‘IBC’) which is relating to Voluntary Liquidation of Corporate person was notified by Ministry of Corporate Affairs on 30th March, 2017 and Insolvency and Bankruptcy Board of India… Continue reading VOLUNTARY LIQUIDATION

SEBI (INFOMAL GUIDANCE) SCHEME 2003

In the interest of better regulation of and orderly development of the securities market, SEBI has issued a scheme called “Securities and Exchange Board of India (Informal Guidance) Scheme 2003” under section 11(1) of SEBI Act, 1992, which came into effect from 24th June, 2003. This is a formal scheme with detailed procedure for providing Informal Guidance.… Continue reading SEBI (INFOMAL GUIDANCE) SCHEME 2003

Seat and Venue of Arbitration-Key Considerations

Alternative Dispute Resolution (ADR) mechanism provides scientifically developed techniques to Indian judiciary which helps in reducing the burden on the courts. ADR offers to resolve all type of matters including civil, commercial, industrial and family etc., where people are not being able to start any type of negotiation and reach the settlement. In this article we tried to… Continue reading Seat and Venue of Arbitration-Key Considerations

REDUCTION OF SHARE CAPITAL “IN ANY MANNER”

This Article focuses on the modes of reduction of capital under the head “In Any Manner” as prescribed under section 66 of the Companies Act, 2013 other than those specified under the section. The reduction of share capital means reduction of issued, subscribed and paid up share capital of the company. Previously, reduction of share… Continue reading REDUCTION OF SHARE CAPITAL “IN ANY MANNER”

CONCEPT NOTE ON COMPANIES FRESH START SCHEME, 2020

Introduction of Companies Fresh Start Scheme (CFSS), 2020 In line with existence pandemic of COVID-19 in our country and in order to give boost to the economy through corporate sector, the Indian government have decided to take some effective measures to rise in existing circumstances of global economy slowdown. In order to smoothen the corporate… Continue reading CONCEPT NOTE ON COMPANIES FRESH START SCHEME, 2020

ANALYSIS – SEBI (SETTLEMENT PROCEEDINGS) REGULATIONS, 2018

INTRODUCTION Settlement Proceedings in relation to violation of provisions in securities laws have been conducted under a mechanism by the Securities Exchange Board of India (“SEBI”) since 2007. The last legislation on settlement proceedings was stipulated by SEBI in 2014. The said regulations apart from giving SEBI other powers of initiating proceedings on its own,… Continue reading ANALYSIS – SEBI (SETTLEMENT PROCEEDINGS) REGULATIONS, 2018

Guidelines on Regulation of Payment Aggregators and Payment Gateways

Reserve Bank of India has vide its Circular DPSS.CO.PD.No.1810/02.14.008/2019-20March 17, 2020 issued the above guidelines to all the Payment System Providers and System Participants in India. These guidelines have been issued for regulating the entire activities of the Payment Aggregators as well as to provide baseline technology-related recommendations to Payment Gateways. Key Terms Payment Aggregators (PAs): are defined as those… Continue reading Guidelines on Regulation of Payment Aggregators and Payment Gateways

EVOLUTION OF FOREIGN EXCHANGE REGULATIONS IN INDIA

Historical Background of Law relating to Foreign Exchange v Foreign Exchange Regulation Act, 1947 and Foreign Exchange Regulation Act, 1973 Scarcity of Foreign Exchange in India led to its control since the beginning of World War II. Exchange control was introduced in India under the Defence of India Rules on September 3, 1939 on a… Continue reading EVOLUTION OF FOREIGN EXCHANGE REGULATIONS IN INDIA