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SEBI’s Amendments to AIF Regulations: Juggling Flexibility and Oversight

July 12, 2024

[By Biraj Kuanar] The author is a student of National Law University Odisha.   Introduction  The recent amendments to the SEBI (Alternative Investment Funds) Regulations 2012, introduced by SEBI on 25 April 2024, when read along with the circular issued by the Securities and Exchange Board of India (SEBI) on 26 April 2024, aim to create a tectonic shift in the alternative investment landscape in India. The goal...

Google’s Third-Party Cookie Ban: Privacy Shield Or Market Power Play?

July 12, 2024

[By Satyam Mehta] The author is a student of National Law University, Jodhpur.   Introduction Google has effectively blocked third-party cookies for 1% of Chrome users beginning this year, a move that has been delayed multiple times and was announced a couple of years back. However, despite this, the move has met with criticism from different stakeholders alleging that it strengthens Google’s already well-established monopoly. Consequently, Google has...

45 Day-Payment Rule for MSMEs: Regulatory Overreach or Opportunity?

July 12, 2024

[By Shaurya Talwar] The author is a student of Gujarat National Law University, Gandhinagar.   Introduction  The Finance Act of 2023 introduced a juggernaut for business entities dealing with Micro and Small Enterprises by insertion of clause (h) in the Section 43B of the Income Tax Act of 19611 which has now come in force from the Financial Year 2024-25. To understand the repercussions of the same let...

Section 12A of the IBC: Facilitating Collective Withdrawals and Balancing Creditor Interests

July 12, 2024

[By Rahul Ranjan] The author is a student of National Law University, Odisha.   Introduction  The Insolvency and Bankruptcy Code (IBC), introduced in 2016, addressed the issue of financial distress for corporate entities, partnerships, and individuals by offering a time-bound framework for resolving insolvency. The 2015 BLRC report highlights that one of the core principles behind the design of the code is to ensure a Collective Process. Thus,...

RBI’s Regulatory Clampdown: Navigating the Paytm Saga

July 12, 2024

[By Manav Pamnani & Teesha Arora] The authors are students of NALSAR University of Law, Hyderabad and Symbiosis Law School, Pune respectively.   Introduction and Background  In a recent move, the Reserve Bank of India (RBI) has imposed restrictions on Paytm Payments Bank, prohibiting it from accepting fresh deposits in its accounts, facilitating credit transactions, and offering fund transfers, including the Unified Payment Interface (UPI) facility, after March...

RBI’s Clampdown on Kotak Bank: Examining IT Governance Directions and Its Impact on Stakeholders

July 12, 2024

[By Nakshatra Gujrati] The author is a student of National Law University, Odisha.   Introduction The Reserve Bank of India (“RBI”) on April 24, 2024 directed Kotak Mahindra Bank Limited (“Bank”) to suspend the onboarding of new customers through online channels and the issuance of new credit cards (“action”). The action resulted from significant deficiencies and non-compliances on the part of the bank. The RBI in its press...

Mandating Interoperability under Digital Competition Laws: Tracing the basis and boundaries of Enforcement

July 12, 2024

[By Dhanshitha Ravi & Rishabh Guha] The authors are students of Symbiosis Law School, Pune.   INTRODUCTION Interoperability refers to the synergy between different systems to communicate with one another. Users can access multiple complementary services through a single access point. An example of interoperability in our everyday lives is the ability to upload one’s Instagram content on Meta (erstwhile, Facebook). The Draft Digital Competition Bill, 2024 (Bill),...

IBBI Recommends Mediation: Integration of ADR with IBC Laws

July 12, 2024

[By Ayesha Nacario Gupta] The author is a student of Amity University, Rajasthan.   INTRODUCTION  The Insolvency and Bankruptcy code, 2016 (hereinafter the ‘Code’) is an important enactment by the legislature which provides for specialized mechanisms for insolvency and liquidation processes of corporate entities. The main highlight of this code is that it provides for the corporate insolvency process (hereinafter the ‘CIRP’) for financially distressed companies which is...

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