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Decriminalization of Corporate Offences: An Unjust Amendment?

May 29, 2020

[Shagun Singhal] The author is a second year student of National Law Institute University, Bhopal and a member of CBCL. Background Recently in March 2020, the Union Cabinet approved certain amendments (“Companies Act Amendment, 2020” or “the Amendment”) put forth by the Injeti Srinivas Committee (“the Committee”) in November 2019 (“Srinivas Committee Report, November 2019”). The Srinivas Committee Report built upon another report that had been submitted by…

Sensing Fears, Shifting Gears: Did the RBI Steer in the Wrong Way?

May 25, 2020

[By Ujjwal Jain] The author is a third year student of Tamil Nadu National Law University. One of the most important functions of any central bank is to formulate and execute monetary policy. In our case, the Reserve Bank of India (“RBI/Bank”), the banking regulator and India’s central bank, is statutorily entrusted with this responsibility.[i] Monetary policy refers to the policy of the central bank with regard to…

Building a Case for Digital Financing in India

May 25, 2020

[By Shivam Tripathi] The author is a fourth year student of Maharashtra National Law University, Nagpur. The global payments landscape is under fundamental transformation and India is no exception to this. The Reserve Bank of India (“RBI”) notified the 2020 guidelines[i] governing Payment Aggregators (“PA”) and Payment Gateways (“PG”) (“Guidelines”). PA is a service provider through which merchants can process their payment transactions, and PG provides the technical support for…

Practical Issues in Conducting Virtual Meetings of Shareholders: A Case for Co-operation versus Activism

May 22, 2020

[By Gaurav Pingle] The author is a practicing Company Secretary. Corporate governance has always emphasized on building an environment of trust, transparency, and accountability necessary for fostering long-term investment, financial stability, and business integrity. This in turn contributes to supporting stronger growth and more inclusive participation of stakeholders, required especially when the global economy is badly hit due to the COVID-19 pandemic. From the perspective of accountability and…

Inclusion of the Hub-and-Spoke Agreement in the Draft Competition Bill, 2020

May 21, 2020

[By Lavanya Jha and Shreya Jha] The authors are students of WBNUJS, Kolkata and Amity Law School, Delhi respectively. Introduction The growth in anti-competitive concerns due to the rapidly evolving business landscape in India, has led to amendments being proposed in the Competition Act, 2002 (“Act”) by the Ministry of Corporate Affairs. One of such proposed amendments includes the expansion of the scope of cartels. Earlier, under the…

Competition Landscape in the Sports Industry: Unravelling CCI’s Decisions

May 16, 2020

[By Sumit Jain] The author is a Senior Resident Fellow at the Centre for Competition Law and Economics. Introduction The Competition Act, 2002 (“Act”) was introduced in order to keep pace with economic reforms and pay due focus on sectoral expertise in the country. One such industry which has gained prominence since the Competition Commission of India’s (“the Commission” or “CCI”) inception, is the Indian sports industry.  The…

FDI Policy Revision, 2020: A Dagger in the Arm of China or a Shot in the Dark?

May 9, 2020

[By Kartikey Sahai] The author is a fifth year student of Institute of Law, Nirma University. Introduction India and China, two of the top 10 economic superpowers of the world have, in a way, put to terms, their political debacle with India blowing a major cog in the wheel of China’s upper handedness, by putting restrictions on Chinese investment in India. On April 17, 2020, the Department for…

The Covid-19 Mahabharata: Impact on Insolvency Professionals in India

May 5, 2020

[By Animesh Khandelwal and Surbhi Kapur] Both the authors are lawyers based in New Delhi. Introduction  Pandemics have a potential to be very disruptive, entail a catastrophic effect with a staggering cost on one and all. With Covid-19 being declared as a pandemic, the global community is left helplessly supine with irreparable loss to the lives of the people. All the sectors of the Indian economy have suffered…

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