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Revamping Real Estate Investment: Evaluating SEBI’s Amendments to REIT Regulations

August 6, 2024

[By Arnav Laroia & Shashank Pandey] The authors are students of West Bengal National University of Juridical Sciences, Kolkata.   Introduction The Securities and Exchange Board of India (‘SEBI’) recently made significant changes to the Securities and Exchange Board of India (Real Estate Investment Trusts) Regulations, 2014 (‘Regulations’) by an amendment, signalling a watershed moment in the evolution of the Indian real estate investment landscape. The SEBI (Real…

Balancing Fairness or Encouraging Delays? SC’s take on Recall Application

August 6, 2024

[By Anwesha Nanda & Ankit Raj] The authors are students of National Law University Odisha.   Introduction The essence of the Insolvency and Bankruptcy Code, 2016 (“IBC”) as per its Preamble is to guarantee timely resolution and revival of the Corporate Debtor (“CD”). By adhering to its core principle, it helps build confidence in creditors and minimise undue delay in the process of resolution. However, a recent ruling…

Quantum Voting: The Vanguard of Corporate Democracy in the Quantum Era

August 6, 2024

[By Tridha Gosain] The author is a student of DNLU Jabalpur.   Introduction As the world of business continues to grow and adapt over the years, maintaining governance and ensuring the transparency, security, and fairness of decision-making has remained an issue. As fundamental as conventional voting methods are to corporate democracy, they are becoming increasingly prone to vulnerabilities that include tampering, fraud, vote coercion, and voter anonymity. However,…

Closing the Loopholes: Strengthening SEBI’s Approach to Market Rumours

August 6, 2024

[By Priya Sharma & Archisman Chaterjee] The authors are students of National Law University Odisha   Introduction  To facilitate a uniform approach for verifying market rumours by listed entities, the Securities and Exchange Board of India (SEBI) recently notified the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) (Amendment) Regulations, 2024 (the Amendments). These amendments were accompanied by a Circular on ‘Industry Standards on verification…

Reflecting on the Madras High Court Judgment: Transparency and the Clean Slate Theory in IBC

August 6, 2024

[By Soniya Raghuwanshi] The author is a student of Institute of Law, Nirma University.   Introduction The Insolvency and Bankruptcy Code (IBC) of 2016 marked a significant shift from the previous rigid legal frameworks, focusing on a more holistic approach to insolvency. Unlike earlier statutes that concentrated on recovering loans, the IBC emphasizes loan restructuring, aiming to strike a balance between the interests of creditors and corporate debtors.…

The Paradox of Revival of Unviable Businesses: When Over-Emphasis on Revival Leads to Value Erosion

July 27, 2024

[By Ishita Chandra] The author is a student of Dr. B.R. Ambedkar National Law University, Sonepat.   INTRODUCTION The liquidation of a corporation denotes the cessation of its activities, business endeavours, or existence upon its incapacity to settle its debts or obligations, owed to its creditors. Section 230 of the Companies Act empowers the liquidator, in the event of a company undergoing liquidation under the Insolvency and Bankruptcy…

Cautiously Compliant: Adapting to Data Privacy Laws in M&A Transactions

July 27, 2024

[By Aditi Kundu & Prithviraj Chatterjee] The authors are students of Hidayatullah National Law University, Raipur.   Introduction Passed on 11th August 2023, the Digital Personal Data Protection Act of 2023 (‘the Act’) envisages to regulate the intricacies of digital personal data processing. Once enforced, through this act the government aims to recognise the rights of individuals regarding their personal data and at the same time ensures personal…

Protecting Innovation: An Analysis of India’s Trade Secret Landscape

July 27, 2024

[By Siddh Sanghavi] The author is a student of National Law University Odisha.   Introduction  The 22nd Law Commission on 5th March 2024 came out with its 289th report on “Trade Secrets and Economic Espionage”, wherein it suggested the need for special legislation to protect trade secrets and prevent economic espionage. The Law Commissiosn based on the report also came out with a draft bill titled the Protection…

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