SEBI PROVIDES PREFERENTIAL TREATMENT TO FPIs, BUT WILL THE INDIAN TAX AUTHORITIES RELENT?
In September 2019, with a view to easing the regime for investments by foreign portfolio investors (“FPIs”), the Securities and Exchange Board of India (the “SEBI”) notified the SEBI (FPI) Regulations, 2019, which replaced the erstwhile SEBI (FPI) Regulations, 2014. The new regulations categorized FPIs into two different groups namely, Category I and Category II…
LITIGATING IN INDIA IN THE COVID-19 ERA
Tolling of the statute of limitation As a result of the health emergency situation arising out of the COVID-19 pandemic, with effect from March 15, 2020 until further orders, India’s Supreme Court (SC), in exercise of its extraordinary powers under Article 142 of the Constitution of India, read with Article 141, has extended the period…
INDIA’S NEW GUIDELINES FOR PAYMENT AGGREGATORS AND PAYMENT GATEWAY PROVIDERS
Introduction and implications in a nutshell As per the Reserve Bank of India’s (the “RBI”) Annual Report, the number of card payment transactions carried out through credit cards and debit cards during 2018 and 2019 was 1.8 billion and 4.4 billion, respectively. Prepaid Payment Instruments (PPIs) recorded a volume of about 4.6 billion transactions valued…
COVID-19: CAN A FORCE MAJEURE CLAUSE SAVE THE DAY IN INDIA?
Since December 2019, the impact of the Novel Coronavirus (COVID-19) has, gradually, but incrementally, been felt in almost every country in the world. As a consequence of COVID-19, businesses have had to limit, if not completely restrict, their operations in various countries in the world, either voluntarily or under instructions from local authorities or governments. In India,…
THE COVID-19 LOCKDOWN – IMPLICATIONS FOR INDIAN COMPANIES AND EMPLOYERS
The Novel Coronavirus (COVID-19) has affected almost every country in the world, and India is no exception. To control the spread, the Indian government has imposed a mandatory countrywide lockdown from March 24, 2020, until April 14, 2020. Only establishments and workplaces that provide essential services can continue operations, subject to adopting necessary measures to…
THE CORONAVIRUS – WILL IT IMPACT FOREIGN INVESTMENT AND M&A IN INDIA?
Covid-19, or the now infamous coronavirus, has put the brakes on life as we know it. The large scale closure of offices and businesses globally, and now in India too, is taking a huge toll on the world economy and livelihoods. A recession is upon us, and governments of industrialized nations have announced huge stimulus…
AN UPDATE ON CRYPTOCURRENCY IN INDIA
Since 2013, India’s central bank, the Reserve Bank of India (the “RBI”), followed a cautionary approach as regards virtual currencies, including cryptocurrencies. While it never banned virtual currencies, it issued a number of public notices and reports highlighting the risks of dealing and trading in virtual currencies. This update discusses the SC’s ruling and the future of cryptocurrencies in India.
CIRCULAR ISSUED AGAINST THE UNNECESSARY PROSECUTION OF NON-EXECUTIVE AND INDEPENDENT DIRECTORS OF INDIAN COMPANIES
Background and Jurisprudence Typically, independent and non-executive directors of Indian companies are not involved in the daily management or decision-making of a company. Nevertheless, under Indian company law, they are required to exercise due and reasonable care, and act in good faith and in the best interests of the company. In addition, they are required…
RUKSHAD DAVAR’S KEY INSIGHTS ON UNION BUDGET 2020
Rukshad Davar chalks down his key insights and takeouts from the Union Budget 2020. “The new tax proposals in the budget will significantly benefit foreign companies in India and will improve their return on investment in India. One, the removal of the dividend distribution tax at the Indian company level will leave a company with…
INDIA’S BUDGET 2020-21 – KEY HIGHLIGHTS
Introduction India’s Union Budget (the “Budget”) was announced on February 1, 2020, and the Finance Bill, 2020 (the “Finance Bill”) was tabled in Parliament. In a nutshell, the government has attempted to pay heed to the consumption slowdown and reduced the personal income tax rates up to INR1,500,000, which should give more money to wage…
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