International Lawyers Network (JD Supra India)
Buying and Selling Real Estate in India
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER INDIAN LAW - INVESTMENT AND CONVEYANCE OF REAL ESTATE IN INDIA - 1. INTRODUCTION TO REAL ESTATE IN INDIA - Since the liberalization of Indian economy, the real estate sector has been gradually growing and adopting to technologies that improve the market access, efficiency, quality, and consumer experience. In the last fifteen years, post...
Bankruptcy, Insolvency & Rehabilitation Proceedings in India
KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER INDIAN LAW - Suspension due to Coronavirus: Considering the adverse global impact of Coronavirus across the industry and the economy, filing of new cases under the (Indian) Insolvency and Bankruptcy Code, 2016 (“the Code”) has been suspended for the period of six months, extendable to one year, in relation to defaults that...
Sexual Harassment In The Workplace: What Indian Companies Need To Know
We include the 2018 chapter in its entirety for reference following the 2019 update. IMPACT OF #METOO IN INDIA – WHAT HAS CHANGED In July of last year, we covered critical aspects of sexual harassment laws in India under a collaborative paper covering multiple international jurisdictions titled “Sexual Harassment in the Workplace: What Your Company Needs to Know." Since then,...
Bankruptcy, Insolvency & Rehabilitation Proceedings In India
KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER INDIAN LAW - The New Code: Introduction of a comprehensive insolvency and bankruptcy law in India is a recent event, with the introduction of the Insolvency and Bankruptcy Code, 2016 (“the Code”) in 2016. The Code is oriented to be the umbrella legislation in India for laws relating to insolvency and bankruptcy. The Code
Establishing A Business Entity In India
1. Types of Business Entities - 1.1 Description of the types of entities available in India through which to conduct business - A foreign entity may establish a business presence in India by: • opening a liaison office, branch office or project office; • appointing a distributor or franchisee; • commencing its own operations in India; • forming a joint venture with an Indian entity;...
Restriction of Sale of Property on Power of Attorney
The Supreme Court of India (“SC”) in a landmark judgment delivered on Wednesday, October 12, 2011, held that the General Power of Attorney (“GPA”) method for sale of immovable property is not a valid form of transfer of property. SC opined that (i) a Power of Attorney is not an instrument of transfer in regard to any right, title or interest in an immovable property; and (ii) property can be...
Recent Developments in Indian Corporate Law and Corporate Governance
In This Issue: Moving further with liberalisation of the Foreign Direct Investment (FDI) regime, the government allowed overseas investment in bee-keeping, share-pledging for raising external debt and notified the revised FDI limit on FM radio at 26 per cent against the earlier 20 per cent. Similarly, conditions for FDI in respect of construction of old-age homes and educational institutions
Fallout of New FDI Policy: “In built Options”– When Foreign Investments can become Loans
Background Section 18.104.22.168 of the new FDI Policy states that only: (i)equity shares, (ii)fully, compulsorily and mandatorily convertible debentures; and (iii) fully, compulsorily and mandatorily convertible preference shares, in each case with no in-built options of any type, would qualify as eligible instruments for FDI. Equity instruments issued/transferred to non-residents...
Fourth Edition of the Consolidated FDI Policy Released by DIPP
The Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India (“DIPP”) on September 30, 2011 released the fourth edition of the consolidated FDI Policy of India vide Circular 2 of 2011. As per the DIPP, some of the major revisions to the FDI Policy... Please see full article below for more information.