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[By Dhiren Gupta] The author is a student of Rajiv Gandhi National University of Law. Introduction Evolution of the Indian corporate structure has gone through several stages. From the Companies Act of 1956 to the economic reforms of 1991, which underscored the need for greater corporate transparency and accountability, which was addressed by bringing in the Companies Act, 2013. A plethora of changes were bought in by…
[By Aakriti Rikhi] The author is a student of National Law School of India University, Bengaluru. Introduction Section 30(2) of the IBC provides that the resolution plan must provide for a certain minimum amount to the operational creditors and dissenting financial creditors (‘FCs’). For the latter, it states that they must be paid at least the amount that they would have received, had the corporate debtor been…
[By Chaitanya Vohra] The author is a student of Rajiv Gandhi National University of Law, Punjab. Introduction In the corporate realm, one of the pertinent factors that affect the Ease of Doing Business is an investor-friendly environment. Hostile takeovers are successful acquisitions of a target without the green signal from the management of the target, thereby being viewed as pro-investor and anti-management of the target. Investors have…
[By Megha Bhartiya & Sneha Bharti] The authors are students of Rajiv Gandhi National University of Law, Punjab and Symbiosis Law School, Noida respectively. Introduction India introduced the patent box taxation regime through Section 54 of the Finance Act, 2016. It presents itself as a unique tool to promote and foster innovation by emerging from the conflux of taxation law and intellectual property (“IP”) rights law. The patent…
[By Shaurya Jha] The author is a student of Hidayatullah National Law University, Raipur. Introduction With the Indian Space Industry’s expected target to reach $40 billion by 2040, funding roadblocks stand as the major hurdle. Conventional financial mechanisms are misaligned with the commercial requirements of space ventures. Bank loans require collateral and predictable income, constraining early-stage space startups. Venture capital, on the other hand, demands short-term to…
[By Upanshu Shetty] The author is a student of Dr. Ram Manohar Lohiya National Law University, Lucknow. Introduction The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), was enacted to empower financial institutions with a framework to recover non-performing assets without resorting to time-consuming litigation. A key feature of the SARFAESI Act is Section 17, which grants borrowers the right…
[By Lovish J Goyal] The author is a student of NALSAR University of Law, Hyderabad. Introduction Electricity Regulatory Commission(s) (‘ERC’) are instrumental in shaping India’s electricity sector. They are established under various statutes to regulate the electricity sector in their jurisdictions. These statutory bodies are responsible for granting licenses and determining tariffs to ensure an uninterrupted and reliable electricity supply. ERC are also vested with quasi-judicial powers,…
[By Khushbu Mathuria] The author is a student of Rajiv Gandhi National University of Law, Patiala. Introduction With the incoming of the Trump administration, the US has withdrawn from the Global Tax Deal via a presidential memorandum issued on January 20, 2025. The memorandum states that the Global Tax deal (“The Deal”) signed in 2021 under the Biden administration has no force or effect in the US.…