Entries by mahakagarwal

Kshanikaa: Quick bytes

Mahak Agarwal | corplaw@vinodkothari.com Kshanikaa is a concise video series covering key corporate law topics. Each episode offers a 2-3 minute snapshot on intriguing subjects. Watch them here: Link to playlist: https://www.youtube.com/watch?v=MveX7UcZEL0

Class Action Suits in India: A Journey of Challenges and Potential

Mahak Agarwal | corplaw@vinodkothari.com Background Investor protection provisions have been an inherent part of company laws in India. Whether it be S.34 of the Companies Act, 2013 (‘the Act’) imposing criminal liability on directors/ promoters in case of misrepresentation in prospectus, S.35 which imposes civil liability on persons involved in mis-statement of prospectus, S. 36 […]

Do NBFCs Qualify as Small Companies?

Mahak Agarwal | corplaw@vinodkothari.com Introduction Recently, there has been considerable discussion regarding whether NBFCs can qualify as small companies. This debate erupts from point (c) of the proviso to Section 2(85) of the Companies Act, 2013 (‘the Act’), which excludes “a company or body corporate governed by any special Act” from being eligible as a […]

Relinquishment of source of profit in favour of an RP: also an RPT

Mahak Agarwal | corplaw@vinodkothari.com The broad spectrum of the definition of Related Party Transactions (RPTs) under the Listing Regulation, continues to be an error prone area in terms of compliance. A recent SEBI ruling has further strengthens this aspect where the phrase ‘transfer of resources, services or obligations’ has been explained in an extremely new […]

IRDAI notifies CG Regulations, 2024

Mahak Agarwal | corplaw@vinodkothari.com Introduction The Guidelines for Corporate Governance (‘2016 Guidelines’) for insurers in India have been around for close to a decade now. These Guidelines were initially brought as an update to the then 2009 Guidelines for the purpose of aligning the same with the extensive changes to the governance of companies brought […]

The iSAFE option to start up funding: Legality and taxation

Mahak Agarwal | corplaw@vinodkothari.com Navigating the world of fundraising for startups is no easy feat. This becomes all the more challenging for a pre-revenue start-up which cannot have a valuation. Amongst the several fundraising options available to a start-up, one of the budding and lesser-known sources happens to be iSAFE. Origin iSAFE, short for, India […]

The big buzz on small business payment delays

Mahak Agarwal | corplaw@vinodkothari.com The Micro, Small and Medium Enterprises Development Act, 2006 (‘MSME Act’) has been around for close to 2 decades now, providing for  penal interest for delayed payments to MSMEs; yet, it is only of late that there has been buzz around this. Why? This attributes to clause (h) of Section 43B of […]

What’s new under the IRDAI’s Exposure Draft on Expenses of Management Regulations?

-Mahak Agarwal, Executive (corplaw@vinodkothari.com) On 14th November, 2023, the IRDAI released an Exposure Draft EOM Regulations, 2023 (‘Exposure Draft’) which proposes to repeal the following regulations: The Exposure Draft is seemingly a consolidation of the aforesaid regulations with a few modifications. Further, most of these so-called modifications are essentially in the nature of rephrasing certain […]