Entries by Staff Publication

Cryptocurrency on the path to Legalisation?

By Vineet Ojha (finserv@vinodkothari.com) From conservative investors to cryptocurrency enthusiasts, cryptocurrency has been the hot button issue. In the tech world, a common phrase is “that’s so crazy it just might work”, and hence, an open-source, unregulated, P2P currency has been thriving for the better part of the last decade. The Indian regulators have not […]

IBC Second Amendment Bill moved to Lok Sabha

By Megha Mittal (resolution@vinodkothari.com) “With greater flexibility comes greater accountability” Brief Background The much awaited Insolvency and Bankruptcy Code Ordinance was promulgated by the Hon’ble President on 6th June, 2018 and mainly centred on balancing the interests of various stakeholders’ especially home buyers, MSMEs and most importantly promoting resolution over liquidation. However, since the Parliament was […]

Dictated decision-making: IBBI expects to usher effective decision-making in creditors’ committee meetings

By Vinod Kothari (resolution@vinodkothari.com) The recent IBBI circular[1] dated 10-08-2018 makes an interesting reading. While it is lamenting the fact that the hard timeline-bound regime of the insolvency process will lead to unintended corporate mortality if the bank representatives attending the creditors’ committee (CoC) meetings are not empowered to decide, the amusing undertone is that […]

Revised, stringent private placement framework becomes effective: a step-by-step guide to compliance

CS Vinita Nair, Partner, Vinod Kothari & Company corplaw@vinodkothari.com   Substitution of Section 42 was one of the major amendments proposed under Companies (Amendment) Act, 2017. MCA on August 7, 2018 enforced Section 10 of Companies (Amendment) Act, 2017 amending Section 42 of Companies Act, 2013 (‘Act, 2013’) with effect from 7th August, 2018. MCA […]