Steps To Avoid Legal Hurdles In Start-Ups

It is of paramount importance that the new start-ups, as well as the entrepreneurs, take into consideration the legal complicacies that may occur after having set-up their businesses. Herein below, to facilitate a better decision-making process of startups and entrepreneurs, we shall endeavor to discuss how these legal hurdles could be avoided by simply ensuring compliance of certain procedural or otherwise necessary requirements. START-UP: LEGAL DEFINITION The Department of...

Use Of Experts In Arbitrations – The Time Has Come

The Arbitration and Conciliation Act, 1996 (Arbitration Act) was significantly amended in 2015 to usher in a new and dynamic dispute resolution mechanism and improving some of the major bottlenecks that were making arbitrations less efficacious for resolution of disputes. The government's intent was to ensure that it became a more preferred and efficient mechanism for resolving disputes at par with global standards. The changes made intended to boost the ease of business rankings and...

The Legality And Admissibility Of Electronic Signatures In The Modern World– A Look At The Laws In India

The Government's increased efforts on ease of doing business, streamlining the storage of records, and improving the safety, security and cost-effectiveness of records, has resulted in promotion of the use of digital technologies by individuals and companies. One of such technology relates to the electronic signing of agreements, documents and contracts. Given that Indian law recognizes electronic signatures or e-signatures, there has been an increase in the usage of e-signatures...

Active Company Tagging Identities and Verification

Ministry of Corporate Affairs ("MCA") vide its notification dated February 21, 2019 issued the Companies (Incorporation) Amendment Rules, 2019 ("Rules") further amending the Companies (Incorporation) Rules, 2014 ("Principal Rules"). A new rule 25A has been inserted in the Principal Rules pertaining to Active Company Tagging Identities and Verification (ACTIVE). Additionally, e-form ACTIVE (INC-22A) has been inserted in the Principal Rules after e-form INC -22. The Rules came into effect...

Fate Of The Accounts Covered Under The February 2018 Circular Post-Supreme Court Judgment

The Supreme Court of India in the matter of Dharani Sugars & Chemical Ltd Vs. Union of India[1] struck down Circular dated 12th February 2018 issued by RBI as ultra vires of section 35AA of the Banking Regulation Act, 1949 ("BR Act"). The RBI Circular mandated banks and financial institutions to initiate resolution against defaulting companies with exposure of more than Rs. 2000 crores. If the account is not resolved with a period 180 days of such reference, then banks and financial...

Clarifications On FDI In E-Commerce Sector - The Predicament Of Marketplace Entities In India

The e-commerce sector in India has grown exponentially in a relatively short span of time to become an industry worth billions, as on date. It is undeniable that the e-commerce sector is one of the fastest growing ones and continues to lure both strategic and financial foreign investors from across the globe. In fact, the recent acquisition of Flipkart by Wal-Mart has been touted as the world's biggest e-commerce deal and goes to prove the lure that the Indian e-commerce market has globally. ...

National Guidelines For Crèches Set Up Under The Maternity Benefit Act

The Indian working parents have a lot to cheer about with respect to the national crèche guidelines, although the same might not be true for Indian employers. The Crèche Guidelines are a relief for they do answer some open issues, however, they also raise additional ambiguities and pose added compliance burden for the employers. In terms of the Maternity Benefit Act, 1961 (the "MB Act"), as amended by the Maternity Benefit (Amendment) Act, 2017 (the "Amendment Act"), a new provision was...