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isafe Notes – A Safe Tool of Investment in Indian Start-up Paradigm?

April 1, 2023

[By Kumar Shubham] The author is a student of the National Law University, Odisha.   INTRODUCTION Early-stage firms or startups today have a variety of fundraising options. Over the years, hybrid investment vehicles such as Convertible Compulsory Debentures (“CCD”) and Compulsory Convertible Preference Shares (“CCPS”) have grown in popularity for raising funds. However, these firms have also ventured into new investing options, which have so far proved viable…

Squeeze-out Mergers in India: How are they different from Global Standards?

April 1, 2023

[By Ajith N Kale & Rupa Veena S] The authors are students of School of law, CHRIST (Deemed to be University), Bangalore.   Introduction The common law rule of the majority, as laid down in the case of Foss v. Harbottle, has been widely followed in India. It empowers the majority shareholders to make decisions related to the management of affairs of the company which is not interfered…

Submission of Revised Plan after Adoption of SCM: Permitted?

April 1, 2023

[By Yashila Bansal] The author is a student of Chanakya National Law University.   SWISS CHALLENGE METHOD AND ITS LEGALITY IN INDIA On the sixth anniversary of the Insolvency and Bankruptcy Board of India, Nirmala Sitharaman said, “We must do whatever it takes to keep IBC as sparkling as it was when it was introduced in 2016.” She had made these comments at a time when 100 out…

Predatory Pricing and Cooperative Capitalism

February 19, 2023

[By Sanidhya Bajpai] Dr. Ram Manohar Lohiya National Law University, Lucknow. Introduction In a globalized world where big capitalists are fighting tooth and nail to dominate the market, it becomes essential to curb their anti-competitive practices. In this blog, the author demonstrates how certain aspects of Predatory Pricing are restrictive and how they are not fruitful in prohibiting anti-competitive practices. The strategic lowering of prices by a firm…

Analysis of SEBI’s Proposed Regulatory Framework for Bond Trading Platforms

February 19, 2023

[By Hemang Arora & Ayush Pratap Singh] The authors are students of Gujarat National Law University. Abstract  On 21 July, 2022, SEBI issued a consultation paper proposing to bring online bond trading platforms under its regulatory purview. The SEBI raised concerns in the paper regarding the lack of regulation surrounding these online bond trading platforms and therefore provided recommendations to address the same. SEBI thus recommended manda­tory registration requirements,…

Account Aggregator Framework: A long road to traverse

February 17, 2023

[By Aarya Parihar] The author is a student of Dr. Ram Manohar Lohiya National Law University. Account Aggregator Framework Have you ever wondered about consolidating all your financial data in one place? This is exactly the function the newly announced Account Aggregator Framework by Reserve Bank India (“RBI”)will carry out. This framework will put all your financial data in one place, that can be accessed by Financial Information…

Analysis of the Proposed Amendments to the IBC

February 17, 2023

[By Biprojeet Talapatra] The author is a student of Campus Law Centre, University of Delhi. Introduction Economic stability and prosperity in India require an effective insolvency resolution framework. With the enactment of the Insolvency and Bankruptcy Code (IBC) in 2016, India took a significant step in this direction. IBC was the first comprehensive law in India which addressed the insolvency of Corporate Persons and individuals. However, a law must…

Evaluating the ESG Framework : The Way Forward

February 17, 2023

[By Anshika Gubrele & Harsh Khanchandani] The authors are students of Bharati Vidyapeeth New Law College, Pune and Symbiosis Law School, Pune. Introduction Financial considerations have typically dictated investment choices. With the worldwide pandemic, climate change, ongoing depletion of natural resources, and many instances of fraud and scams, investors have become more aware of how environmental, social, and governance (“ESG”) factors of a commercial entity may affect its…

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