Knowledge Repository

Corporate

  • Disclosure regime for significant beneficial ownership strengthened; requirements for companies and limited liability partnerships streamlined
  • New scale-based regulatory regime for non-banking financial companies
  • Mandatory dematerialisation of securities of private companies
  • Proposed changes to the corporate insolvency resolution process - clarifying minimum entitlements for dissenting creditors and streamlining processes for real estate projects

Dispute Resolution

  • Supreme Court affirms applicability of ‘group of companies’ doctrine under Indian arbitration law
  • Supreme Court overrules its earlier decisions to hold that unstamped arbitration agreements are not void ab initio
  • Supreme Court dismisses review petitions against its ruling in Rainbow Papers which treated statutory dues at par with dues of secured creditors
  • Supreme Court upholds the constitutional validity of Sections 95-100 of the Insolvency and Bankruptcy Code, 2016, pertaining to insolvency resolution and bankruptcy of individuals and partnership firms

Labour and Employment

  • Telangana government renews exemption for IT/ITeS establishments from certain labour laws
  • Haryana High Court quashes law guaranteeing 75% reservation for local candidates in private sector jobs
  • Manipur Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2021 comes into force with retrospective effect
  • Tamil Nadu government publishes draft amendments introducing registration requirements under the Tamil Nadu Shops and Establishments Rules, 1948
  • Central government amends the rules on hybrid working under the Special Economic Zones Rules, 2006

Financial Regulatory Regime

  • Norms for lenders investing in alternative investment funds tightened to address regulatory concerns
  • New scale-based regulatory framework for NBFCs
  • Framework for 'trading plans' under insider trading regulations to be modified to make them less onerous
  • New regulatory framework proposed for index providers to increase transparency and accountability
  • Requirements for grant of certification to accredited investors streamlined

Capital Markets

  • Framework for social stock exchanges revised following India’s first listing of zero coupon zero principal instruments
  • Additional route prescribed for InvITs to achieve minimum public shareholding
  • Operational framework introduced to transfer unclaimed amounts to Investor Protection and Education Fund and refund claims under InvIT and REIT Regulations

Fintech

Reserve Bank of India:

  • Introduces an omnibus regulatory framework for cross-border payment processors
  • Mandates reciprocity in data sharing in the account aggregator ecosystem
  • Requires regulated entities to implement processes and policies for information technology governance and risk management.

Technology

  • MeitY directs intermediaries to prevent deepfakes on their platforms
  • Madras High Court overturns the blanket ban on online games in Tamil Nadu
  • Enhanced penalties for breaches under Aadhaar and information technology laws
  • Withdrawal of restrictions previously imposed on the import of laptops and other electronics

Consumer Protection and Advertising

  • Central Consumer Protection Authority releases guidelines to prohibit the use of dark patterns
  • Advertising Standards Council of India introduces additional conditions on advertising expenditure for qualification as a legitimate brand extension product or service

Telecommunication and Broadcasting

  • Telecommunications Act, 2023 enacted to overhaul the archaic telegraph-centric regime presently governing telecommunications in India
  • TRAI mandates telcos to deploy the Digital Consent Acquisition facility to register subscriber consent for telemarketing
  • DoT discontinues paper-based Know Your Customer processes for onboarding subscribers
  • Decriminalisation of contraventions under the Cable Television Networks (Regulation) Act, 1995
  • Broadcasting Services (Regulation) Bill, 2023 proposes to create a unified legislation for all broadcasting services in India

Asset Management and Funds

  • Proposed amendments to the regulatory framework for Special Situation Funds to facilitate the acquisition of special situation assets, including stressed loans

Direct Tax

Supreme Court's decisions holding that:

  • Issuing a notification is necessary for invoking the most favoured nation clause of tax treaties
  • Annual telecom licence fee is an amortisable capital expenditure and not a revenue expenditure

Indirect Tax

  • New sub-rule introduced to notionally determine the taxable value of corporate guarantee transactions between related persons
  • Supreme Court holds that amendments made to VAT laws post implementation of GST are invalid
  • Limitation Act, 1963 is applicable to GST laws, unless specifically excluded
  • GST Council cannot determine classification of goods and services
  • CESTAT Chennai divided on the treatment of Service Tax on direct payments made to seconded employees; issue referred to larger bench

Intellectual Property

  • Division Bench of the Delhi High Court clarifies the criteria for maintainability of divisional patent applications
  • Delhi High Court differentiates between goodwill and reputation in a determination of transborder reputation in a passing-off matter
  • Madras High Court delineates the scope of the term ‘diagnostic’ for determining ineligibility of patents

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