Corporate
- Enhanced corporate governance standards prescribed for listed entities
- Definite timelines introduced for fast-track mergers
- Certain categories of investors exempted from the applicability of the angel tax provision
Dispute Resolution
- Supreme Court clarifies the scope of adjudicating authority’s power to decide on a financial creditor’s insolvency application when debt and default have been established
- Supreme Court holds unstamped or insufficiently stamped arbitration agreements unenforceable
- Delhi High Court holds arbitral award to be unenforceable against a third-party funder who is a non-party to the arbitration proceedings or award
- Jharkhand High Court holds that a resolution professional falls within the definition of a ‘public servant’ and can be proceeded against under the Prevention of Corruption Act, 1988
Labour and Employment
- Delhi High Court rules that a victim can raise sexual harassment complaint even if the delinquent employee is from a different office
- Telangana government renews permission for establishments to remain open on all 365 days
- Maharashtra government exempts female employees earning up to INR 25,000 from depositing professional tax
- Chhattisgarh government notifies the Rights of Persons with Disabilities Rules, 2023
Technology and Telecommunication
- India revamps space policy to enable private participation in the satellite sector
- Karnataka High Court holds that blocking orders issued by MEITY can be account specific and need not be tweet/content specific
- Insurance entities are subject to new cybersecurity compliance and audit requirements
- Telecom service providers are now required to deploy artificial intelligence-based tools to filter spam communications
Media and Gaming
- ASCI releases guidelines to combat ‘dark patterns’ in online advertising
- New Tamil Nadu Gaming Act classifies rummy and poker as games of chance and introduces a registration framework for providers of local online games
Fintech
- Fintechs can enter into default loss guarantee arrangements in digital lending transactions up to 5% of the loan portfolio
- NBFCs outsourcing IT services subject to new risk-based compliances
- RBI permits regulated lending entities to deploy Aadhaar OTP based e-KYC for updating details in non-face-to-face mode and access the Central Know Your Customer Registry for due diligence; prescribes compliances for Video based Customer Identification Process
Financial Regulatory Regime
- Foreign Portfolio Investors fulfilling certain criteria will now have to make additional disclosures of ownership, economic interest, and control
- Alternate eligibility criteria introduced for sponsoring a mutual fund, easing the entry of private equity funds
- New regulatory framework notified for providing execution-only services in mutual funds
- Stringent advertisement code issued for investment advisers and research analysts
Banking and Finance
- SEBI approves amendments to provisions for listing and delisting of non-convertible debentures
- RBI issues framework for acceptance of green deposits by regulated entities
Capital Markets
-
Amendments to the SEBI Issue of Capital and Disclosure Requirements Regulations, 2018:
- Codification of ‘hard underwriting’ provisions
- Pension funds sponsored by associates of lead managers allowed to invest in public issues as anchor investors
- SEBI prescribes enhanced corporate governance standards for listed entities
- Legal Entity Identifier code is now mandatory for entities that have listed or propose to list debt securities
Direct Tax
-
Exemption from angel tax provision for:
- Recognised start-ups
- Consideration received from exempted investors
-
Proposed amendments to angel tax valuation rule:
- New valuation methods for equity shares issued to non-resident investors
- Date of valuation report deemed to be the valuation date, if issuance of shares is within 90 days of the date of the valuation report
- Safe harbour limit of up to 10% for equity shares
- Price matching principle introduced
Indirect Tax
- Service tax on import of Engineering Design and Drawings
- Service tax on User Development Fees collected by airport developers from passengers
- Mandatory fulfilment of pre-import condition to avail IGST exemption in respect of goods imported under the Advance Authorisation Scheme
- Doctrine of legitimate expectation in respect of statutory exemptions
Intellectual Property
- Computer programs that demonstrate technical contribution are eligible for patent protection
- Criteria for patent-ineligible ‘business methods’ clarified; computer programs producing a technical effect would be patentable
- Appeal from a trademark rectification order by a high court will lie before its appellate bench
- Author remains the owner of a screenplay, even when commissioned by a producer
- Authors of underlying works of a sound recording are entitled to independently seek royalties for the use and communication of the sound recording











