Corporate law

22 May 2017 • 3-minute read

NCLAT Defines the Scope and Extent of the Corporate Debtor’s Right to Contest Admission of Insolvency Applications Filed by Financial Creditors

by Cyril Amarchand Mangaldas

In a landmark judgment recently delivered by the National Company Law Appellate Tribunal (NCLAT) in the case of Innoventive Industries Limited v. ICICI Bank Limited, the NCLAT has held that the National Company Law Tribunal (NCLT) is bound to issue...

©Cyril Amarchand Mangaldas

in Corporate law

17 May 2017 • 6-minute read

Intellectual Property: On the Path to Reformation

by Cyril Amarchand Mangaldas

Intellectual property (IP) forms part of our overall growth strategy. This is the message that the Indian government is sending out like never before, as is evident from a number of measures that have been put in place in recent...

©Cyril Amarchand Mangaldas

in Corporate law

16 May 2017 • 6-minute read

SC Clarifies the Scope of Regulatory Power under Section 79 (1) of Electricity Act, 2003

by Cyril Amarchand Mangaldas

At least since 2012, there has been a fair amount of legal uncertainty on the ambit of powers of the Central Electricity Regulatory Commission (CERC) and the State Electricity Regulatory Commissions (SERCs) under the provisions of the Electricity Act, 2003...

©Cyril Amarchand Mangaldas

in Corporate law

16 May 2017 • 5-minute read

Indian Insolvency Regime without Cross-border Recognition – A Task Half Done?

by Cyril Amarchand Mangaldas

The Insolvency and Bankruptcy Code, 2016 (Insolvency Code) has been one of the biggest Indian reform of recent times, which has moved the regime away from one that was highly uncertain for foreign investors. Among other important changes, the Insolvency...

©Cyril Amarchand Mangaldas

in Corporate law

15 May 2017 • 2-minute read

Board Evaluations a Nightmare for Independent Directors?

by Cyril Amarchand Mangaldas

This piece was previously published in the Economic TimesNext on the list of dilemmas relating to corporate governance issues for independent directors (ID) of a listed company is Board Evaluations. These are 360-degree reviews of the performance of a board of...

©Cyril Amarchand Mangaldas

in Corporate law

08 May 2017 • 4-minute read

SEBI’s Observation on Protective Covenants – Positive, But Law Not Settled Yet

by Cyril Amarchand Mangaldas

As per the market regulator Securities and Exchange Board of India’s (SEBI) order dated March 31, 2017, in the Kamat Hotels (India) Limited (Kamat Hotels) case, Clearwater Capital (Clearwater) had subscribed to the foreign currency convertible bonds (FCCBs) of Kamat...

©Cyril Amarchand Mangaldas

in Corporate law

08 May 2017 • 4-minute read

SEBI’s Observation on Protective Covenants – Positive, But Law Not Settled Yet

by Cyril Amarchand Mangaldas

As per the market regulator Securities and Exchange Board of India’s (SEBI) order dated March 31, 2017, in the Kamat Hotels (India) Limited (Kamat Hotels) case, Clearwater Capital (Clearwater) had subscribed to the foreign currency convertible bonds (FCCBs) of Kamat...

©Cyril Amarchand Mangaldas

in Corporate law

21 April 2017 • 4-minute read

Intellectual Property Rights: Building or Stumbling Blocks? – On The Right Track

by Cyril Amarchand Mangaldas

This blog piece is excerpted from a previously published article in the Express Pharma, April 16-30 IssueInnovation is the root of success in the competitive world of today. Creativity manifests in new ideas and technologies. New technologies when adopted make...

©Cyril Amarchand Mangaldas

in Corporate law

21 April 2017 • 6-minute read

Alleged Violation of FEMA now a Dwindling Defence against Enforcement of Contractual Rights

by Cyril Amarchand Mangaldas

Foreign investors into India have often found that when they seek to enforce customary contractual rights in investment agreements, such as option rights, guarantees and indemnities, they have been hamstrung by the ability of the Indian counterparty to contend that...

©Cyril Amarchand Mangaldas

in Corporate law

20 April 2017 • 5-minute read

Payment Systems – The Digitalisation of Financial Services and its Future

by Cyril Amarchand Mangaldas

India has historically been an economy driven by cash. With unique population demographics and modest literacy levels, it is a difficult market to “digitalise”. However, over the past decade, urban India has seen a significant rise in the use of...

©Cyril Amarchand Mangaldas

in Corporate law

19 April 2017 • 5-minute read

Criminal Liability of Corporate Officials in India

by Cyril Amarchand Mangaldas

In this day and age of scams, crime by corporate entities throws a lot of challenges at multiple levels. The level of crime may be extraordinary owing to the magnitude, powers and reach of such corporations as opposed to an...

©Cyril Amarchand Mangaldas

in Corporate law

06 April 2017 • 7-minute read

Survival of Employee Stock Options through the IPO process: Are former employees stranded?

by Cyril Amarchand Mangaldas

Over the years, companies have used employee stock option schemes (ESOP Schemes) as an effective method to align employee interests with shareholders, reward their efforts, increase their loyalty towards the company and motivate employees to perform better.An initial public offering...

©Cyril Amarchand Mangaldas

in Corporate law

14 March 2017 • 7-minute read

FIPB – The Rites of Passage

by Cyril Amarchand Mangaldas

Do We Really Need the “Approval” Route?The announcement in the Budget Speech that the Foreign Investment Promotion Board (FIPB) is going to be wound down in 2017-18, has led to speculation amongst consultants, lawyers, foreign investors and the media as...

©Cyril Amarchand Mangaldas

in Corporate law

03 March 2017 • 3-minute read

Streamlining Reporting Standards

by Cyril Amarchand Mangaldas

The Securities Exchange Board of India (SEBI) has, over the years, undertaken initiatives to align reporting and disclosure requirements for listed companies in India with global standards, including alignment with the principles prescribed by the International Organization of Securities Commissions....

©Cyril Amarchand Mangaldas

in Corporate law

23 February 2017 • 4-minute read

Repeal of Sick Industrial Companies (Special Provisions) Act, 1985 ^Featured

by Cyril Amarchand Mangaldas

The Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) was enacted to make special provisions for the timely detection of sick (and potentially sick) companies owning industrial undertakings. The Board for Industrial and Financial Reconstruction (BIFR) was formed under the...

in Corporate law

20 February 2017 • 3-minute read

Mere Allegation of Fraud – No longer an Obstruction to Arbitration Proceedings ^Featured

by Cyril Amarchand Mangaldas

There is a perception that arbitration proceedings in India are plagued with delays, interventionist courts, and parties attempting to scuttle the proceedings. A mere allegation of fraud was often enough to obstruct an arbitration proceeding on the ground that the...

in Corporate law

17 February 2017 • 7-minute read

FIPB – The Sunset Year ^Featured

by Cyril Amarchand Mangaldas

In the Budget Speech of February 1, 2017, the Finance Minister (FM) announced that the Government has “decided to abolish the Foreign Investment Promotion Board (FIPB) in 2017-18”. He also announced that the roadmap for the same is expected to...

in Corporate law

13 February 2017 • 4-minute read

National Company Law Tribunal: In the Scheme of Things

by Cyril Amarchand Mangaldas

On December 7, 2016, the Ministry of Corporate Affairs (MCA) notified and brought into operation a significant chunk of sections under the Companies Act, 2013, including provisions relating to compromises, arrangements, reconstructions, mergers and amalgamations, with effect from December 15,...

in Corporate law

30 January 2017 • 4-minute read

Who can hear the whistle blow? Whistleblowing and its impact on corporate governance in India ^Featured

by Cyril Amarchand Mangaldas

One of the key tenets of effective corporate governance is the ability of a corporation to promote transparency. Transparency and accountability is strengthened not just by efficient management and robust disclosure policies, but also by the creation of systems and...

in Corporate law

24 January 2017 • 3-minute read

Using Agricultural Lands for Non-Agricultural Purposes in Maharashtra – Important 2016 Amendments

by Cyril Amarchand Mangaldas

2017 is upon us, but many readers seem to have missed some very important and progressive changes to the Maharashtra Tenancy and Agricultural Lands Act, 1948 (Act) made last year on 1 January 2016! Two sections (63, and 63-1A) of...

in Corporate law

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Experts & Views

NCLAT Defines the Scope and Extent of the Corporate Debtor’s Right to Contest Admission of Insolvency Applications Filed by Financial Creditors

Intellectual Property: On the Path to Reformation

SC Clarifies the Scope of Regulatory Power under Section 79 (1) of Electricity Act, 2003

Indian Insolvency Regime without Cross-border Recognition – A Task Half Done?

Board Evaluations a Nightmare for Independent Directors?

SEBI’s Observation on Protective Covenants – Positive, But Law Not Settled Yet

SEBI’s Observation on Protective Covenants – Positive, But Law Not Settled Yet

Intellectual Property Rights: Building or Stumbling Blocks? – On The Right Track

Alleged Violation of FEMA now a Dwindling Defence against Enforcement of Contractual Rights

Payment Systems – The Digitalisation of Financial Services and its Future

Criminal Liability of Corporate Officials in India

Survival of Employee Stock Options through the IPO process: Are former employees stranded?

FIPB – The Rites of Passage

Streamlining Reporting Standards

Repeal of Sick Industrial Companies (Special Provisions) Act, 1985 ^Featured

Mere Allegation of Fraud – No longer an Obstruction to Arbitration Proceedings ^Featured

FIPB – The Sunset Year ^Featured

National Company Law Tribunal: In the Scheme of Things

Who can hear the whistle blow? Whistleblowing and its impact on corporate governance in India ^Featured

Using Agricultural Lands for Non-Agricultural Purposes in Maharashtra – Important 2016 Amendments

Your Interests & Preferences

I am a...

Website Look & Feel

Experts & Views

Repeal of Sick Industrial Companies (Special Provisions) Act, 1985 Featured

Mere Allegation of Fraud – No longer an Obstruction to Arbitration Proceedings Featured

FIPB – The Sunset Year Featured

Who can hear the whistle blow? Whistleblowing and its impact on corporate governance in India Featured

Repeal of Sick Industrial Companies (Special Provisions) Act, 1985 ^Featured

Mere Allegation of Fraud – No longer an Obstruction to Arbitration Proceedings ^Featured

FIPB – The Sunset Year ^Featured

Who can hear the whistle blow? Whistleblowing and its impact on corporate governance in India ^Featured