Angel Tax: Some Thoughts

Scope of this Note: Most participants in the investing ecosystem in India are aware of the term ‘Angel Tax’ (even if some may be unable to recollect that, in this context, this generally refers to the provisions of Section 56(2)(viib) of the Income Tax Act, ...

Founders: The Control Quandary

Issue: The difficulty for most founders starts when they raise funds from financial investors like VCs and PEs. The extent of difficulty is the highest (for most start-ups) in the initial funding rounds. This is when the start-up is often financially vulnerable.

The approach o...

SEBI disrupting the Finfluencer Industry: proposes reforms to curb unethical practices

With the world becoming increasingly digital and the advent of the social media revolution, influencer-led marketing has emerged as one of the most important means of brand and product promotion.

Regulatory gaps in cross border M & A Transactions: The FC TRS Conundrum

Overview of Rule 4 of the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 ("NDI Rules") and the requirement to file Form FC-TRS there under:

Rule 4 of the NDI Rules lays down the general conditions that unless otherwise provided by the...

The University Grants Commission has on November 8, 2023, released the University Grants Commission (Setting up and Operation of Campuses of Foreign Higher Educational Institutions in India) Regulations, 2023.

These Regulations aim to facilitate the entry of higher-ranked foreign universities into India, aligning with the goals outlined in the (Indian) National Education Policy, 2020.This is intended to provide an international dimension to higher education in India,make foreign qualification...

Legal Considerations for Investing in India Renewable Energy Sector

India's renewable energy sector has witnessed significant growth in recent years, attracting domestic and international investors seeking opportunities in clean energy production. India has exceeded its Paris Climate Conference (COP 21) commitment by achieving 40% of its power capac...

DIGITAL INDIA ACT Key Features & Challenges in Implementation

Open Internet & Online Safety

The DIA will safeguard innovation and promote competition among digital players. It will also recognize the role of digital gatekeepers and their impact on the functioning of the internet. It will prote...

Current status of REITs and The Legalities involved behind it

Traditional Indian investors have historically relied on investments in real estate, fixed deposits, life insurance and gold which provided stable and secure returns. Over the years, the Indian financial market has evolved and technology and digitisation have provided various optio...

Global Capability Centers (GCCs) in India Key Advantages of Establishing GCCs

Global Capability Centres (GCCs) have increasingly become a strategic component of multinational corporations (MNCs) seeking to consolidate and optimize their operations internationally. India, with its well-developed infrastructure and skilled workforce, has emerged as a leading destin...

Law of Pledges applicable to Dematerialized Securities: Clarified by the Supreme Court of India

The Supreme Court (“SC”) in its recent judgment in PTC India Financial Services Limited v. Venkateswarlu Kari and Ors. dated May 12, 2022 (“PTC Judgment”) opined on aspects relating to a pledge of dematerialized securities highli...

India�s draft Digital Competition Bill

What is the draft?

What is the bill regulating?

What are the key tenets of the proposed bill ?

In March 2024, the Ministry ofCorporate Affairs introduced theDraft of the Digital Competition Bill("Bill") which aims to regulate largedigital enterpri...

The Digital Personal Data Protection Act, 2023

The Digital Personal Data Protection Act, 2023 ("DPDPA") is a crucial legislative framework designed to oversee the processing and safeguarding of personal data. It received the assent of the President of India on 11 August 2023.

Object
The ob...

Impact of EV Policies on Investment and Market Growth

Introduction
Transitioning to green energy has acquired great significance for the Indian government in light of the unsustainable air quality levels in Indian cities, India’s reliance on expensive crude oil imports and to achieve its net-zero carbon emissi...

Legal and Operational Challenges of Global Capability Centers (GCCs) in India: Navigating Regulatory Hurdles and Operational Complexities.

Global Capability Centers (GCCs) have become a relevant element in the strategic operations of multinational corporations (MNCs), particularly in countries like India where skilled labor and cost efficiencies are compelling. These centers serve as nodes of expertise, centralizing functi...

Reverse Flipping a Growing trend: Homecoming for Indian startups

INTRODUCTION
The trend known as “reverse flipping” or “internalisation” refers to the process in which startups that were first registered in offshore jurisdictions decide to move their holding companies to India, has gained popularity in ...

Navigating the legal terrain private equity investments in India F&B sector

The Food and Beverage (F&B) sector in India has recently emerged as an attractive destination for private equity (PE) investors, and has experienced exponential growth. Such growth has been driven by rising affluence, aspiration, and improved accessibility to F&B products. The i...

Real Estate Agents : Time To Roll Up Sleeves

1. The Prevention of Money Laundering Act, 2002 (“PMLA”) was enacted with an objective to prevent money laundering i.e., preventing legitimising of money earned through illegal and criminal activities by investments in movable and immovable properties.

2. Under PML...

Navigating Intellectual Property Rights in the Electric Vehicle Industry in India

Introduction
India is one of the largest markets for automobiles in the world. Vehicular pollution has been a significant contributor to increased pollution and a decline in air quality in Indian cities. India has committed to net-zero carbon emissions by 2070 an...

Navigating Data Privacy: Unpacking India�s Digital Personal Data Protection Bill,2023

After an extensive five-year negotiation involving government officials, technology companies, and civil society representatives, the Digital Personal Data Protection Bill, 2023, was introduced in Parliament on August 3rd. This landmark legislation outlines the procedures governing the ...

Securitisation of Standard Assets and Receivables Financings in India

Introduction

As governments across parts of the world (including Europe and the United Kingdom) seek to tame inflation by raising interest rates and further with supply chain disruptions due to macro-economic factors, corporates have been looking to asset base...

Consumer Protection Laws and Electric Vehicle Purchases

Protection of consumers in the electric vehicle revolution
With the onset of the electric vehicle revolution, the alternative of zero-emission vehicles having significantly less running and maintenance costs is becoming more rewarding. The overall efficiency of e...

Regulatory Roadblocks for Manufacturers of Electric Vehicles in India

Introduction

Due to the commendable growth trajectory of the electric vehicle (EV) industry in India, there has been a paradigm shift in the automotive industry which has expanded the market for EVs and consequently, EV manufacturers (EVMs) have started receiv...

Environmental Compliance in EV Production

Electric vehicles (“EVs”) are quickly taking the place of conventional vehicles in the transportation sector, which is undergoing a dramatic change due to consumer demand for cleaner, greener cars. With initiatives like “FAME I and FAME II (Faster Adoption and Manufact...

ESG SERIES: Heading Towards Change

PART 1: Understanding the ESG Legal Framework in India

INTRODUCTION

Indian regulators, recognizing the importance of aligning with global Environmental, social, and corporate governance (“ESG”) trends, have embarked on a ...

Amendments to the FDI Policy of 2020 in relation to warrants & convertible notes.

The Government has, vide Press Note 1 of 2022, introduced some welcome amendments to the FDI Policy of 2020 in relation to FDI in warrants and convertible notes.

Change in the definition of‘warrants’:

The definition of warrants has been a...

Challenges to implementation of advanced metering infrastructure (Ami) in India : Part 1

The deployment of Advanced Metering Infrastructure (AMI) represents a transformative shift in the Indian energy sector, promising enhanced efficiency, improved grid management, and better customer service. Smart meters, a core component of AMI, offer the potential to revolutionize how e...

Challenges to implementation of advanced metering infrastructure (Ami) in India : Part 2

Legal Challenges

A.    Compliance with Existing Laws

Issue: The deployment of smart meters must comply with various existing laws and regulations, including those related to electricity, consumer protection...

Challenges to implementation of advanced metering infrastructure (Ami) in India : Part 3

Technical Challenges in the Smart Meters Sector in India

Implementing Advanced Metering Infrastructure (AMI) in India presents several technical challenges that must be addressed to ensure suc...

Global Capability Centres: challenges in their establishment and growth in India

Global Capability Centres: Challenges in their establishment and growth in India

As India cements its position as a global IT powerhouse, the success of GCCs will be pivotal. Addressing these challenges requires more than just technological solutions: it deman...

General Discussion on Smart Meters and Their Role in Integrating Renewable Energy into the Indian Grid Part 1

The transition to a sustainable energy future is critically dependent on the integration of renewable energy sources (RES) such as solar and wind into the electricity grid. Smart meters, as part of an Advanced Metering Infrastructure (AMI), play a critical role in this integration. They...

General Discussion on Smart Meters and Their Role in Integrating Renewable Energy into the Indian Grid Part 2

Current State of AMI Deployment in India

The Government of India has been proactive in promoting AMI through various initiatives and programs. The Smart Meter National Programme (SMNP), led by Energy Efficiency Services Limited (EESL), aims to replace 250 mill...

Foreign Direct Investment: Space Sector

India’s presence
India has been active in the space sector for decades and has, despite changing governments, been consistent in its ambitions for and achievements in the space sector. The Indian space sector was valued at $9.6 Billion in 2020 and is expect...

Global Capability Centers (GCCs) Vendor Management Issues

Vendor management in large Global Capability Centres (GCCs) involves a set of challenges that can significantly impact the operational efficiency and strategic success of these organizations. As GCCs typically rely on a diverse array of vendors for services ranging from IT support to bu...

Navigating Data Privacy: Unpacking India Digital Personal Data Protection Bill, 2023

August 9, 2023

After an extensive five-year negotiation involving government officials, technology companies, and civil society representatives, the Digital Personal Data Protection Bill, 2023, was introduced in Parliament on August 3rd. This landmark legislation outlines the ...