Articles and Updates

A 'Cleaner' Approach To Deals
  • Saket Shukla and Aditi Sharma - 14-07-2020

In India, unlike other jurisdictions, the use of clean teams in transactions to mitigate the risks of "gun-jumping" is not yet as popular. Generally, companies are disinclined to use clean teams in transactions for various reasons.

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COVID 19: An Employer's Dilemma
  • Saket Shukla and Akshay Sachthey - 04-05-2020

India has been facing a serious economic slowdown and COVID-19 has thrown up a multitude of further challenges for businesses. A lockdown was imposed across the country from 25 March 2020 onwards to prevent the virus from spreading. On 1 May, the Chairperson, National Executive Committee, National Disaster Management Authority (Chairperson, NEC) issued an order (Extension Order) under the Disaster Management Act, 2005 (DMA) directing extension of the lockdown till 17 May.

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Price Gouging: In The Times Of COVID-19
  • Saket Shukla and Akshay Sachthey - 30-04-2020

COVID-19 has wreaked havoc across the world. India's response has been proactive keeping in mind the challenges we face, ranging from inadequate healthcare and sanitation infrastructure to poverty which has been worsened by the loss of work for informal/ temporary and daily wage workers. That said, the national lockdown is now extended till 3 May and further extensions are a possibility.

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Companies Act 2013: Time To Reboot?
  • Saket Shukla, Akshay Sachthey, and Maryam Naaz Quadri - 31-01-2020

The Finance Minister of India has one of the least enviable jobs in the country at the moment. With GDP growth on the decline and other macro-economic indicators not suggesting a quick recovery, Ms. Sitharaman has her task cut out. She is set to present the Union Budget for 2020 which is likely to face close scrutiny and will indicate the approach that the Modi government proposes to take to address the current, rather stubborn, economic downturn.

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(Un)ease Of Doing Business
  • Saket Shukla and Akshay Sachthey - 05-12-2019

India's rank on the World Bank's Ease of Doing Business (EoDB) index has improved considerably over the last few years. We are now 63 of 190 countries. The PM's target is even more ambitious and he is working zealously to break the top 50. Admirable as the objective may be, it is worth considering why India continues to be perceived as an overregulated business environment.

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Unease of doing business: Despite positive intent, business-friendly environment still a long way to go
  • Saket Shukla and Akshay Sachthey - 27-11-2019

Ease of Doing Business for MSMEs: EoDB rankings are primarily based on data in Mumbai and Delhi. This may not be representative of how business is done in other cities.

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Media & Entertainment: The Good, The Bad And The Uncertain
  • Saket Shukla and Akshay Sachthey - 26-09-2019

The media and entertainment industry in India has seen rapid and unprecedented growth. The industry grew at 12.25% between 2011 and 2017 and is expected to touch USD 31.53 billion by 2020, up from USD 19.46 billion in 2016. As per estimates, the industry provides direct and indirect employment to nearly 4 million people

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India: Amendments To Foreigners Order: Inhospitable Treatment To The Hospitality Industry?
  • Saket Shukla - 19-03-2019

The Central Government has introduced a number of reforms in the last few years, some of which have already created a major impact resulting in significant improvement in the World Bank's Ease of Doing Business rankings.

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MAKE IN INDIA TO TEST & CERTIFY IN INDIA: NEW RULES FOR TELECOM EQUIPMENT
  • Saket Shukla - 02-07-2018

India is currently the world's second largest telecommunications market with a subscriber base of 1,206.22 million as of March 2018 India's mobile economy is growing rapidly and currently constitutes more than 98% of all telephone subscriptions. During 2007-2018, the telephone subscriber base grew at a CAGR of 17.44% and the revenues from the telecom equipment sector are expected to cross US$ 26.38 billion by 2020

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The Insolvency and Bankruptcy Code 2016: Time to Wind Up the Winding-up Regime?
  • Saket Shukla - 27-06-2018

The Insolvency and Bankruptcy Code, 2016 (IBC) has impacted companies and assets across various industries and has thrown up a range of opportunities for potential investors. In order to promote investment activity and ensure effective revival of stressed assets, it is critical for the legal framework to be unambiguous and practically workable. While the IBC framework has largely been considered effective so far, there remains a lack of clarity on certain issues that could have practical implications for potential investors and resolution applicants.

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INSURANCE PRESS NOTE OFFERS LITTLE TO FOREIGN INVESTORS
  • Saket Shukla - 27-06-2018

Foreign direct investment (FDI) in most sectors in India is governed by the Ministry of Commerce and Industry’s Department of Industrial Policy and Promotion (DIPP), which decides the extent of FDI in each such sector and related conditions. However, FDI in an insurance company is capped under the Insurance Act, 1938, and any change in the FDI cap would require the Insurance Act to be amended.

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MERGERS IN GENERAL INSURANCE SECTOR: SOON TO BE A REALITY.
  • Saket Shukla - 27-06-2018

On 9 February the Insurance Regulatory and Development Authority (IRDA) released an exposure draft of an order on Schemes of Arrangement and Transfers of Non-Life Insurance Business. In it the Indian insurance sector regulator sets out directions intended to cover all types of transfers of general insurance business including specifically, court-driven schemes of arrangements and amalgamations of general insurers under the Companies Act, 1956.

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IPOS IN THE INSURANCE SECTOR: MYRIAD FACTORS AT PLAY.
  • Saket Shukla - 27-06-2018

Initial public offerings or IPOs in the Indian insurance sector have garnered much interest over the last couple of years. The spark that ignited this interest can be traced to Reliance Life Insurance Company Limited’s much publicized attempt to launch an IPO, which met with stern resistance from the Ministry of Finance and the Indian insurance sector regulator, the Insurance Regulatory and Development Authority (IRDA).

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THE FOREIGN DIRECT INVESTMENT FUDDLE.
  • Saket Shukla - 27-06-2018

April is normally a time when transactional lawyers look forward to breathing easy and recovering from year-end closings and attendant hectic times of March. But this new financial year, the government has kept us all busy with ample food for thought in the form of a new circular intended to be a definitive one-stop foreign direct investment (FDI) manual.

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