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[By Adarsh Vijayakumaran] The author is a student at the National University of Advanced Legal Studies, Kerala. In the last few years, financial technology (or FinTech) has revamped the working of finance in India’s evolving legal system. It has changed the landscape of traditional investment instruments and brought newer fleshier techier tools and varieties at the same time, making finance look simple and faster. While for sometime FinTech…
[By Harshita Agrawal] The author is a student at the Ms. Ramaiah College of Law, Bangalore. Background In the current tech world, most companies share data online with their stakeholders to provide details of the company’s performance or in some cases to provide research reports in exchange for consideration. Post globalization, the supply of data is not bound to one territory but has widened to worldwide. These data…
[By Devansh Parekh and Yuuvraj Vaidya] The authors are students at the Government Law College, Mumbai. Introduction In October 2020, the Securities and Exchange Board of India (“SEBI”) issued a circular[1] with respect to the issuance, listing, and trading of perpetual non-cumulative preference shares and perpetual debt instruments (“SEBI Circular”). The special focus herein is on certain instruments by the name of perpetual non-cumulative preference shares (“Perpetual Non-Cumulative…
[By Sourav Verma and Sunil Singh] The authors are students at the Hidayatullah National Law University, Raipur. Introduction In the last two decades of the 20th century, due to globalization as well as liberalization, there has been an increase in the free-flow of foreign investments, especially in developing countries. Due to this, great changes have taken place in the foreign investment regime, mainly in the form of Bilateral…
[By Ananya Sahu and Ketan Priyadarshee] The authors are students at Maharashtra National Law University, Aurangabad. High-Frequency Trading (HFT) is a wide term with no precise definition in any statute. It is usually explained as a subset of algorithmic trading that uses “latency-sensitive strategies”, “co-location”, “high-speed networks”, and deploys technology to place orders and execute it as trades in a fraction of a second. This technology in the…
[By Aashna Shah] The author is a student at the Institute of Law, Nirma University. Indian courts have pronounced inconsistent judgements regarding the classification of dues arising out of Lease and rentals as Operational Debts. With contradictory reasoning, courts had earlier put the creditors at a great disadvantage, thus neglecting the objective of the Insolvency and Bankruptcy Code, 2016 (“IB Code” or “the Code”) to balance the interests…
[By Varun Akar and Ashuthosh V] The authors are students at the Institute of Law, Nirma University. Introduction Directors[i] and Officers[ii] (D&Os’) are considered to be the heart and soul of the company as they make crucial decisions for running the company smoothly. Such people are highly qualified, experienced, and well-versed with the affairs of the company. In the aftermath of the Kingfisher, PNB, L&T scams, etc., the…
[By Aparajita Marwah and Saavni Kamath] The authors are students at the National Law Institute University, Bhopal. Introduction Gardening Leave is a measure taken by the employer when an employee is terminated or tenders resignation and denotes the period of time between service of notice of termination and actual termination. A garden leave clause may be effected at any stage of an employee’s course of employment, but is…