Knowledge Repository

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

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