Corporate Law

With the addition of more startups every year, India has developed and is witnessing one of the largest startup ecosystems in the world. While, the number of startups is on a continuous and stark rise, in May 2020, Nasscom was seen as reporting – “COVID 19 Impact – 9 out of 10 Startups Bleeding in India”. Majority of startups in India, are bleeding more so than ever before due to the grim economic condition of the country thanks to COVID-19. ......

In a recent order issued by the National Company Law Appellate Tribunal ("NCLAT") in the case of Sushil Ansal Vs. Ashok Tripathi , the NCLAT has held that a decree-holder cannot be treated as a financial creditor for the purpose of triggering insolvency proceedings against a company. ......

McDonalds, Subway, Pizza Hut, KFC, Domino's Pizza, and The Hard Rock Café - iconic brands, household names but above all, franchise behemoths. These franchises have made inroads to the farthest corners of the planet, from the barbed wire surrounding the single McDonalds in Cuba, Guantanamo Bay to Dominos’ Almond Citrus Seafood pizza in Vietnam. ......

In the light of disruptions caused by outbreak of Covid-19, the Government of India has announced a slew of measures in the past few months. One such significant measure is the Ministry of Finance’s proposal to decriminalize thirty-nine minor economic offences including decriminalization of offence of dishonour of cheques under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”). ......

In recent years, the Government has facilitated ease of doing business in India, and amongst the flurry of measures aimed at projecting a globally 'open for business' image have been the amendments introduced to the Indian Stamp Act, 1899 ("Act"), through the Finance Act, 2019 ("Finance Act"). ......

In India, investment advisers ("IAs") are regulated by the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013 ("Principal Regulations"). The Principal Regulations inter alia specify conditions for registration, certification, capital adequacy, risk profiling and suitability, disclosures to be made, code of conduct, records to be maintained, manner of conducting inspection etc. with respect to IAs. ......

Time and again the question has come before the Hon'ble Supreme Court of India ("Supreme Court") on how to determine whether a person is an employee or not. Through various judgments the Supreme Court has laid out the tests to determine whether a person could be said to be in the employ of the employer....

Clauses related to representations, warranties and indemnifications are widely negotiated clauses of commercial contracts especially in M&A transactions. The interests of the parties to a contract typically do not align with respect to the representation and warranties clause of the contract, which usually comprises a major chunk of the agreement. ...

Partnerships in India are governed by the Indian Partnership Act, 1932 ("Act"). The Act defines partnership as 'The relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all'. The Act while laying down the provisions with respect to rights and duties of the partners also details the consequences of retirement of a partner and dissolution of a partnership firm....