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[By Anmol Aggarwal & Ria Bansal] The authors are students of Rajiv Gandhi National University of Law. Introduction The advent of Artificial Intelligence (‘AI’) technology has opened the gates to many potential methods of abuse of dominance that would not have the potential to exist on a large scale without AI technology. Geo-fencing is one of those methods, which, if used by a dominant firm to cause…
[By Aniket Panchal & Shubhankar Sharan] The authors are students of Gujarat National Law University. Introduction An interesting chain of events transpired centered on Edelweiss (a registered Professional Clearing Member (“PCM”), against whom appeals were filed in response to directives from the Member and Core Settlement Guarantee Fund Committee (“Committee”) of NSE Clearing Ltd (“NCL”). These directives ordered Edelweiss to reinstate securities that were disposed of in…
[By Srishti Multani & Aryan Birewar] The authors are students of Symbiosis Law School, Pune. Introduction The Securities and Exchange Board of India (‘SEBI’) on 31st August 2023, issued a Consultation Paper to propose a Performance Validation Agency (‘PVA’). The objective of such an institution is to validate performance claims of SEBI-registered intermediaries. Such validation will enable the entities to catapult their customer-base in the securities market.…
[By Lavanya Chetwani] The author is a student of National Law University Odisha. INTRODUCTION Recently, the Reserve Bank of India (‘RBI’) vide its circular dated December 19 has issued guidelines to prevent all Regulated Entities (‘RE’) from holding units of Alternative Investment Funds (‘AIF’) which have invested in a debtor company of the RE. AIFs are currently regulated by the Securities and Exchange Board of India (‘SEBI’) …
[By Rahil Arora & Vidushi Sehgal] The authors are students of Jindal Global Law School. Introduction The realm of M&A transactions and investments today is dominated by parties sharing a potpourri of crucial data with one another and their advisors. This collaborative process involves the target company, the sellers, and the potential buyers sharing and disclosing vast amounts of information to undertake a meticulous assessment of the…
[By Isha Khurana] The author is a student of Jindal Global Law School. Introduction The NCLAT in a January 2023 decision, reiterated the need to lift the corporate veil in matters of group company insolvencies. In doing so, it followed the path laid down in the 2021 CBIRC-II (hereinafter, “CBIRC-II Report”). This subject has been long debated in India and has found itself at the center of…
[By Arunoday Rai] The author is a student of National Law School of India University. Introduction The doctrine of lifting or piercing the corporate veil is fundamental to the company law. This doctrine acts as an exception to the concept of a company being a separate juristic entity. It allows the court to treat the rights and liabilities of the corporation as the rights and liabilities of its…
[By Bhaskar Vishwajeet] The author is a student of Jindal Global Law School. Introduction Municipal bonds have gathered steam in India. As of when this piece was written, the country has 29 active municipal bonds on the NSE’s IBMX index for municipal bonds. Municipal debt instruments are a great alternative to raising capital for public infrastructure/service works. That said, assuming that the debt obligation is watertight may not be…