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[By Nidhi & Pratham Mohanty] The authors are students of National Law University, Jodhpur. Introduction Over the years following the enactment of the Insolvency and Bankruptcy Code, 2016 [“IBC”], the position of the creditors has been strengthened with respect to realizing their dues, including in the case of the position of personal guarantors under the Indian insolvency regime. Personal guarantors were incorporated under Part III of the…
[By Shaswat Kashyap & Snigdha Dash] The authors are students at Gujarat National Law University and National Law University, Odisha respectively. Introduction In recent years, India has seen a rise in web platforms, such as WiseX and others, offering investors the chance to invest in real estate (RE) assets through fractional ownership. Recognizing the growing value of investments and the increasing number of investors, the Indian watchdog…
[By Anand Vardhan & Piyush Raj Jain] The authors are students of Gujarat National Law University. Introduction The Ministry of Corporate Affairs has enforced section 5 of The Companies (Amendment) Act, 2020, through a notification dated 30th October, 2023 . This has led to an addition to section 23 of The Companies Act 2013 . It is a welcome move as it seeks to boom the…
[By Sibasish Panda & Janhavi Mahalik] The authors are students of National Law University Odisha. Introduction India had been touted to bring a digital technology revolution in this decade with the Central Bank playing a pivotal role. It is at the cusp of a Fin-tech revolution with the market expected to hit $150Bn by 2025. It had to play a balancing role to facilitate innovative approaches by the…
[By Aryan Dash & Rishita Sinha] The authors are students of National Law University Odisha. INTRODUCTION: In the bustling landscape of India’s financial technology sector, the crescendo of UPI transactions have reached a staggering 9.3 billion in June 2023. Projections paint a vibrant future for the Indian fintech industry, eyeing a valuation surpassing $2 trillion by 2030. The meteoric rise of UPI has not only transformed the payment…
[By Nikita Singh & Aishana] The authors are students of Gujarat National Law University. Introduction In the dynamic landscape of India’s financial sector, the persistent challenge of stressed loans has prompted regulatory interventions and innovative strategies to revitalize the economy and banking system. The exploration from Asset Reconstruction Companies (ARCs) to the emergence of Special Situation Funds (SSFs) as a specialized avenue for addressing the complexities of…
[By Shreya Jain] The author is a student of Rajiv Gandhi National University of Law, Punjab. Introduction India has emerged as a major investment hub in the recent years. According to the World Bank, India will be the most resilient of the large economies in 2023 with an impressive growth rate of 6.6%. Additionally, as per a new assessment by the International Monetary Fund (“IMF”), India is…
[By Arushita Singh] The author is a student of National Law Institute University, Bhopal. Introduction On October 3, 2023, a notification was issued by the Ministry of Corporate Affairs, invoking their authority under Section 14(3) of the Insolvency and Bankruptcy Code 2016 (IBC/Code), through which exemption has been granted to the transactions, arrangements, or agreements governed by the Convention and the Protocol pertaining to aircraft, aircraft engines,…