Corporate Law

In a move to boost investments in Indian capital markets, the Securities and Exchange Board of India ("SEBI") in its recent circular dated June 27, 2024 amended the SEBI (Foreign Portfolio Investors) Regulations, 2019 ("FPI Regulations, 2019") vide the SEBI (Foreign Portfolio Investors) Second Amendment Regulations. ......

Convertible notes also known as convertible promissory notes ("Notes") are a form of debt instruments that convert from debt to equity upon the occurrence of a predetermined conversion event or lapse of a fixed time period, and often at a predetermined conversion rate. ......

On June 29, 2024, the Karnataka Government's Labour Department published the draft Karnataka Platform based Gig Workers (Social Security and Welfare) Bill, 2024 (the "Bill") for public comments. In essence, the Bill is aimed at safeguarding the rights of platform based gig workers and mandates aggregators to comply with certain obligations to ensure social security of its gig workers. ... ...

Indian investment in overseas funds is governed by a combined reading of the Foreign Exchange Management (Overseas Investment) Rules, 2022 (“OI Rules”) and the Foreign Exchange Management (Overseas Investment) Directions, 2022 (“OI Directions”) (jointly referred to as the “OI Framework”). ......

Following an order in the matter of Leixir Resources Private Limited (discussed in our article here), the NCT of Delhi and Haryana has issued yet another order dealing with the aspect of significant beneficial owner ("SBO") and has discussed 'significant influence' and 'control' required to establish the status of SBOs under the Companies Act, 2013 ("Act") and the Companies (Significant Beneficial Owners) Rules, 2018 ("Rules"). ......

Through an order dated May 6, 2024, the Registrar of Companies (the "RoC") of NCT Delhi and Haryana imposed an order of penalty against Leixir Resources Private Limited ("Company") for non-compliance with the disclosure requirements mandated for significant beneficial ownership under Section 90 of the Companies Act, 2013 (the "Act"). ......

On 24 January 2024, the Ministry of Corporate Affairs and the Ministry of Finance have notified the Companies (Listing of Equity Shares in Permissible Jurisdictions) Rules, 2024 ("Overseas Listing Rules") and, vide the FEMA (Non-debt Instruments) Amendment Rules, 2024 ("NDI Rules 2024") (jointly the "January 2024 Notifications"), amended the Foreign Exchange Management (Non-debt Instruments) Rules, 2019 ("NDI Rules") respectively. ......

On April 16, 2024, the Ministry of Finance, through the Department of Economic Affairs, notified the Foreign Exchange Management (Non-debt Instruments) (Third Amendment) Rules, 2024 (the "Amendment"), prescribing new entry routes for foreign investment in activities under the space sector. ......

On February 2, 2024, the Ministry of Corporate Affairs ("MCA") issued a notification to establish a Central Processing Centre ("Centre") with territorial jurisdiction throughout India in IMT Manesar, Gurgaon. This notification came in force on February 6, 2024 and was issued pursuant to Section 396 of the Companies Act, 2013 ("Act"), which empowers the Central Government to notify offices for the purposes of registration of companies under the Act. ......