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[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...
[By Ansh Chaurasia] The author is a student of Dr Ram Manohar Lohiya National Law University. Introduction The Securities and Exchange Board of India (“SEBI”) has actively endeavoured to ease and promote access for the general public in pursuance of an announcement made as part of the FY 2023-24 budget. On 9 December 2023, SEBI introduced a consultation paper (“paper”) aiming to make sweeping changes in the bond market. The proposed...
[By Shreya Saswati & Sruti Patra] The authors are students of National Law University Odisha. Introduction The Securities and Exchange Board of India (SEBI) recently published a comprehensive consultation paper with a view of promoting ease of doing business by relaxing regulations followed in the securities market. The paper also introduces the concept of Fast Track public issuance and listing of debt securities while proposing norms for...
[By Anshula Sinha & Aashish Gupta] The authors are students of NLU Jodhpur. Introduction Leniency programmes [“LP”] incentivise companies/firms to report collusion leading to anti-trust violations through reduced sanctions or even immunity from fines and legal penalties. LP aims to uncover and dismantle cartels by providing incentives for cartel participants to self-report their involvement in cartel activities. There are two types of scenarios that may arise when...
[By Kaustubh R Kulkarni & Harsh Pandey] The authors are students of National Law University Odisha. Introduction The Insolvency and Bankruptcy Code 2016 (Code) was enacted to bring about a framework which would bring down the complexity which was associated with the Insolvency framework for creditors. Be it, the multiplicity of applicable laws or the multiple fora which one had to deal with. With the introduction of...