vLex India

Forms and Contracts

  • Striking off Name of a Company: The Jurisdictional Issue

    Jurisdiction is not given for the sake of the judge, but for that of the litigant – Blaise Pascal Recently the Delhi High Court in Money Market Services (India) Private Ltd. v. Union of India held that an order passed by Registrar of Companies (ROC) striking off the name of a Company can be challenged... (See Article)

    Sep 24, 2020 6:33 AM

  • Assessing Indian tax considerations for successful offshore listing of Indian companies

    We have seen in the blog dated September 14, titled ‘Using SPAC Vehicles as a Means of Listing Outside India’, that special purpose acquisition companies (“SPAC”) are making a comeback for the purposes of listing of companies outside India. As a follow up to the earlier blog, we will examine some feasible structures for offshore... (See Article)

    Sep 23, 2020 6:33 AM

  • What Do I Need To Know About Valuing a Coal-Based Power Plant in India?

    As the world shifts toward renewable energy sources, south Asia’s dominant economy expects to reduce its dependency on coal-based power plants. But it will still need to rely on coal consumption to meet its growing electricity needs. Therein lies opportunity — but not without certain risks. (See Article)

    Sep 16, 2020 6:32 AM

  • Using SPAC Vehicles as a Means of Listing Outside India

    An overview  Special Purpose Acquisition Companies (“SPACs”) have made a comeback on the Wall Street. SPACs are essentially investment companies backed by sponsors to raise capital from the public in an initial public offering (“IPO”) in the USA for the sole purpose of using the proceeds to acquire targets that are to be identified after... (See Article)

    Sep 15, 2020 6:33 AM

  • Gujarat Industrial Policy 2020: A Renewed Focus on Attracting Investment

      ­­­­­­­­­The Indian economy has not been immune to the side-effects of COVID-19, particularly as far as the healthcare and financial systems are concerned. Amidst such global economic turbulence, the Indian government has made efforts to boost the economy by announcing a significant economic stimulus package under the Atmanirbhar Bharat (self-reliant India) scheme. Many state... (See Article)

    Sep 14, 2020 6:33 AM

  • How and Why to Value Coal-Based Power Plants in 2020

    India is the third largest producer and consumer of electricity in the world. The total installed capacity in India has increased from 174 gigawatts (“GW”) in fiscal year (“FY”) 2011 to 370 GW in FY2020; a compounded annual growth rate (“CAGR”) of 9 percent. The growth in installed capacity has led to a reduction in the country’s overall power deficit from 8.8 percent in FY2011 to 0.5 percent in FY2020, and subsequently to a projected surplus of 2.7 percent in FY2021. Please see full Publication below for more information. (See Article)

    Sep 11, 2020 6:32 AM

  • 2020 Census Will Tabulate Sikhs As Ethnic Category

    India West reported yesterday that for the first time, Sikhs can be counted in the ongoing 2020 census as a separate group, despite the legal prohibition on the census asking questions about religion.  The Census Bureau will consider Sikhism to be a cultural or ethno-religious category.  As explained by India West: Sikhism does not appear... (See Article)

    Sep 10, 2020 6:33 AM

  • CIPL and DSCI Publish Report on Enabling U.S.-India Data Transfers

    The Centre for Information Policy Leadership at Hunton and the Data Security Council of India have published a report on "Enabling Accountable Data Transfers from India to the United States under India’s Proposed Personal Data Protection Bill," which highlights the importance of continued flows of data between India and the U.S. following the expected passage of new comprehensive data protection legislation in India. (See Article)

    Sep 10, 2020 6:33 AM

  • NEP 2020: VOCATIONAL EDUCATION – FUEL FOR THE INDIAN DEMOGRAPHIC DIVIDEND

    The United Nations Population Fund (UNFPA) has defined ‘demographic dividend’ as the growth potential that results from shifts in a population’s age structure.[1] A study conducted by the UNFPA noted that India has an important window of demographic dividend opportunity from about 2005-06 to 2055-56 with 62.5% of the population falling in the working age... (See Article)

    Sep 4, 2020 6:32 AM

  • Cadila Pharmaceuticals Announces Launch of Fourth Biosimilar in Two Months

    Today, Cadila Pharmaceuticals announced the launch of its adalimumab biosimilar, Cadalimab™, in India. HUMIRA® (adalimumab) is approved to treat rheumatoid arthritis, psoriatic arthritis, ankylosing spondylitis and psoriasis. (See Article)

    Sep 1, 2020 6:32 AM

  • Guest Post: Director’s Liabilities: Prevention and Protection – Ports of Call for Relief

    In the following guest post, Umesh Pratapa takes a look at directors’ liability issues under Indian law, and also examines the protections that are available for directors as well. Umesh is a Consultant – Liability Insurance, in India. Umesh’s article was originally published in the July 2020 issue of “Director Today”, a monthly journal of... (See Article)

    Aug 28, 2020 6:32 AM

  • Global Investigation Trends – India (Part 2): A Discussion With Arpinder Singh of EY Forensics & Integrity Services

    In Part 2 of our examination of internal investigation trends in India, Perkins Coie partners Markus Funk and Chelsea Curfman speak with Arpinder Singh, a partner with EY Forensics & Integrity Services and head of their India and Emerging Markets group. Topics discussed include trends in both the subject matter and scope of internal investigations... (See Article)

    Aug 28, 2020 6:32 AM

  • A Review of India’s Contact-Tracing App, Aarogya Setu

    The Government of India’s Ministry of Electronics and Information Technology (MeitY) agency launched Aarogya Setu, a contact-tracing mobile application. Aarogya Setu has been created by the National Informatic Centre (NIC) in response to the COVID-19 crisis, as a way to collect and understand public health-related data. Please see full Publication below for more information. (See Article)

    Aug 28, 2020 6:31 AM

  • NEP 2020: An Interplay of Education and Technology

    The National Education Policy, 2020 (“Policy”), unveiled by the Ministry of Human Resource Development (“MHRD”), is revolutionary in every sense. While the Policy focuses on multiple aspects, including the need for early childhood care, inclusive education and revamping of the current curriculum, an inherent thread that runs through the Policy is the interplay of education... (See Article)

    Aug 24, 2020 6:32 AM

  • Global Investigation Trends – India (Part 1): A Discussion With Sherbir Panag of Panag & Babu Law Offices

    Continuing our series of episodes regarding investigation and enforcement trends around the globe, Perkins Coie partners Markus Funk and Chelsea Curfman interview Sherbir Panag, co-founder and head of the Compliance and Investigations Practice at the Law Offices of Panag & Babu, in New Delhi, India. Sherbir discusses recent trends in enforcement of corruption-related cases in... (See Article)

    Aug 21, 2020 6:32 AM

  • The Centrotrade Enforcement Saga Ends on a High Note

    The recent judgment of Centrotrade Minerals v. Hindustan Copper[1] had seen two previous rounds of litigation before the Supreme Court finally enforced a foreign award, passed in 2001 after 19 years, in favour of Centrotrade. Background The Appellant, Centrotrade, a US company and the Respondent, Hindustan Copper Ltd. (HCL), an Indian company, entered into a... (See Article)

    Aug 21, 2020 6:32 AM

  • Revised Framework for Core Investment Companies – Tightening the Screws?

    Introduction The Reserve Bank of India (“RBI”) has modified the regulatory landscape applicable to core investment companies (“CICs”), as per its circular dated August 13, 2020 (“Revised Framework”), in order to ensure stability of the financial system and address systemic risks posed by inter-connectedness of CICs and their group companies. In contrast to the light-touch... (See Article)

    Aug 20, 2020 6:32 AM

  • Indian Accounts FBAR Filing Requirements

    Indian Accounts Assets FBAR FBAR Indian Accounts Filing Requirements Indian Accounts Assets FBAR: With so many Indian Nationals having U.S. Person status, the IRS FBAR requirement is a part of life for many of our clients.  When it comes to India, there are many accounts and assets that are subject to Foreign Bank and Financial... (See Article)

    Aug 17, 2020 6:33 AM

  • Agri-Space as a Key Investment Destination : Some Thoughts

    1. Background India is an agrarian economy. It has the second highest population in the world, as well as the second highest arable land area in the world. With rising demand and natural resources under pressure, agriculture as a sector is drawing sharp attention from a necessity as well as interest perspective. It must be... (See Article)

    Aug 17, 2020 6:33 AM

  • India Releases Draft Non-Personal Data Governance Framework

    On July 13, 2020, a Committee of Experts within India’s Ministry of Electronics and Information Technology published the first draft of a Non-Personal Data Governance Framework for India for public consultation. (See Article)

    Aug 10, 2020 6:33 AM

  • Real Estate Collaborations &the Significance of Corporate Due Diligence

    Introduction India’s real estate sector has been witnessing critical changes since the last few years, including the promulgation of the Real Estate (Regulation and Development) Act, 2016 (the “RERA Act”). The implementation of the RERA Act has pushed the sector to organise and standardise operations and management of real estate entities. The checks... (See Article)

    Aug 7, 2020 6:33 AM

  • NEP 2020 AND FOREIGN UNIVERSITIES: WHAT TO EXPECT IN THE REGULATORY DOMAIN?

      Background The National Education Policy, 2020 (“NEP”), is only a few days old and has been garnering a lot of attention. Indeed, this is only natural, given the impact it can have on the large student community of India. In addition, given that it is the first education policy in 34 years, both in... (See Article)

    Aug 5, 2020 6:33 AM

  • Recent Amendments to the Insider Trading Regime

    Since overhauling the insider trading regime with the introduction of the SEBI (Prohibition of Insider Trading) Regulations, 2015 (“PIT Regulations”), the Securities and Exchange Board of India (“SEBI”) has continually sought to fine tune and tweak the regulations through amendments in 2018 and 2019. On July 17, 2020, SEBI notified the Securities and Exchange Board... (See Article)

    Aug 4, 2020 6:33 AM

  • India bans multiple Chinese apps

    Report on Supply Chain Compliance 3, no. 14 (July 23, 2020)  - Following a deadly clash between Indian and Chinese forces along the Himalayan border area, India’s government decided on June 29 to ban 59 Chinese apps. The Indian Ministry of Electronics and Information Technology issued a news release explaining that the apps were engaged in activities that threatened India’s national sovereignty and were therefore banned under Section 69A of the Information Technology Act.... (See Article)

    Jul 29, 2020 6:33 AM

  • International Biosimilars Market Update

    India-based Cadila Pharmaceuticals announced the launch of its bevacizumab biosimilar for the Indian market under the brand name BEVARO. Bevacizumab is a biosimilar of Genentech’s AVASTIN and is indicated for the treatment of multiple cancers, including ovarian cancer, glioblastoma multiforme, colorectal cancer, breast cancer, lung cancer, cervical cancer, and kidney cancer. (See Article)

    Jul 29, 2020 6:33 AM

  • Blog: Three Common Corporate Governance Issues in Southeast Asian and Indian Startups

    For many entrepreneurs and investors who are familiar with the US venture capital scene, you may be surprised to hear the details of the bespoke corporate governance terms that are often negotiated in Southeast Asia and India deals, some of which are ordinarily viewed as non-starters or off-market in the US. (See Article)

    Jul 27, 2020 12:32 PM

  • Blog: Convertible Notes in Southeast Asia and India – What Founders Should Know

    Often viewed as a quick interim source of funding until the next round of equity financing, convertible notes have become ubiquitous in Southeast Asia and India for many early-stage and even late-stage companies looking to raise capital. (See Article)

    Jul 27, 2020 6:33 AM

  • Blog: Indemnification in Venture Capital Deals in Southeast Asia and India

    One thing that we can say for sure is, never say never. As with anything else in life, an investment carries both known and unknown risks. A company may have current or historic issues that create liabilities. The company may also have known risks associated with its line of business, and unknown risks associated with outside events it can’t control, such as the behavior of customers or vendors, changes in laws and regulations, and “force majeure” events like wars and pandemics. (See Article)

    Jul 24, 2020 8:33 AM

  • Blog: What Foreign Investors Should Know When Investing In India

    With India’s strong ties with Silicon Valley and its maturing tech and startup ecosystem, outside investments in Indian companies are becoming increasingly common. However, the Indian economic and legal regime has some unique characteristics. Here are a few things you should consider before investing... (See Article)

    Jul 24, 2020 6:33 AM

  • Blog: Becoming a Director in an Indian Company

    Here are a few things that an investor should keep in mind when considering whether to become a director of an Indian company. (See Article)

    Jul 23, 2020 6:32 PM