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[By Anchal Raghuwanshi] The author is a student of Dharmashastra National Law University, Jabalpur. INTRODUCTION Financial framework of a country represents the strong and efficient capital market inviting investors from around the world. The need for addressing disputes related to securities market has become crucial in order to have an effective capital market structure in the country. Investors who have suffered because of the mistakes of unscrupulous…
[By Tamanna Das Patnaik] The author is a student of National Law University, Odisha. Introduction Financial Market Infrastructures (FMIs) play a vital role in the economy. They serve as coordinating mechanisms and bring a network of counterparties together for the efficient operation of financial markets. Clearing Corporations (CCs) are one such important category of FMIs that deal with the clearing and settlement of transactions, management of counterparty…
[By Chetna Alagh] The author is a student of UPES, Dehradun. The process of schemes of arrangement, which falls under the purview of the Companies Act, 2013, has a significant role to play in the dynamic world of corporate complexities. These arrangements provide businesses with a methodical way to restructure their operational and financial situations. A company is legally allowed to restructure its financial debts using a…
[By Monesh R B] The author is a student of Tamil Nadu National Law University, Tiruchirappalli. Introduction: In the year 2018, the Ministry of Corporate Affairs of India constituted the Competition Law Review Committee (CLRC) in order to check and assess the implementation of the Competition Act of 2002 (hereafter ‘the act’). The CLRC submitted a report on 26 July 2019, highlighting the issues revolving around the…
[By Parv Jain & Palash Varyani] The authors are students of Institute of Law, NIrma University. Introduction Recently, in a breakthrough announcement, the Securities and Exchange Board of India (SEBI) Chairperson, Mrs. Madhabi Puri Buch has declared that the SEBI intends to implement one-hour trade settlement in Indian stock exchanges by March 2024. According to her, India will be the first jurisdiction in the globe to move…
[By Chaitanya Gupta] The author is a student of Jindal Global Law School. Introduction Related parties are important to corporate transactions because the parties have a pre-existing special relationship. Such transactions include business deals, series of contracts, etc. These relationships that exist prior to the transaction may appear in the form of parent-affiliate companies, parent-subsidiary companies, transactions between family members, and others. Usually, such transactions are employed…
[By Rishabh Shivani] The author is a student of National Law School of India University, Bengaluru. Introduction Bank guarantees are special contracts where a bank guarantees performance by one party in a separate, underlying contract and agrees to furnish payment unconditionally on the demand of the beneficiary. However, egregious fraud and special equities are two exceptions based on which injunctions restraining the encashment of a guarantee can…
[By Mayank Gandhi & Devansh Lunawat] The authors are students of National Law University, Nagpur. Introduction – India’s digital surge has invited the attention of several big economies across the globe. India’s digital economy is likely to surge to USD $1 trillion by 2030. The growth of the digital market can be attributed to multi-sided digital platforms with strong ecosystem and the large appetite of Indian consumers…