Entries by Payal Agarwal

ESG Debt Securities: Framework for Issuance and Listing in India

– Payal Agarwal, Partner | corplaw@vinodkothari.com ESG Debt Securities have been formally recognised in India through its inclusion in the SEBI (Issue and Listing of Non-Convertible Securities) Regulations, 2021 (‘NCS Regulations’) vide the 3rd Amendment Regulations, 2024. While the term was defined under Reg 2(1)(oa) of the NCS Regulations, the framework for issuance and listing […]

Upsurge in UPSI list: Deemed UPSI or sensitivity dependant?

Critical Reg. 30 events assimilate into ‘illustrative guidance list’ of UPSI as SEBI strives for EoDB and easier compliance requirement Team Vinod Kothari & Company | corplaw@vinodkothari.com The idea of unpublished price sensitive information (‘UPSI’) is something which companies have to guard as confidential until disclosed to investors, as it may materially impact the stock […]

Stamp duty on amalgamation with subsidiaries: Clash of court rulings

– Payal Agarwal, Associate (payal@vinodkothari.com) The confusion around stamp duty implications arise time and again on account of the same being a ‘state’ subject. In the context of amalgamation, the complexity is  heightened due to the presence of certain notifications issued by the Central Government in the pre-independence era, the validity of which is ambiguous […]

Compliance-o-meter: From abstraction to structured granular assessment

– Vinod Kothari and Payal Agarwal | corplaw@vinodkothari.com  In risk assessment, effectiveness testing, compliance management, or other areas where qualitative assessment is required, one may be making abstract statements like: we have very effective controls; we have strong risk management practices; we have the best of the practices in compliance management, etc. However, very often, […]

Sustainable Securitisation – the next in filling sustainable finance gap in India

– Vinod Kothari and Payal Agarwal | corplaw@vinodkothari.com A recent UNCTAD Report[1] highlights the financing gap in sustainable development – citing the need for around $4 trillion additional investment annually for developing countries. India is no exception, in fact, various studies[2] suggest the high sustainable finance gap in the country. As the need for sustainable […]

Variable Capital Companies 

Payal Agarwal l payal@vinodkothari.com The Union Budget 2024 refers to permitting a flexible mode for financing leasing of aircrafts and ships, and pooled funds of private equity through a variable capital company (VCC) structure. Variable Capital Companies (VCCs), as the name suggests, are companies in which the capital is not static, that is to say, […]

GST on Corporate Guarantees: Understanding the new regime

–  Payal Agarwal, Associate | corplaw@vinodkothari.com The debate around levy of GST on corporate guarantee extended without or with inadequate consideration has been settled with the insertion of sub-rule (2) to Rule 28 of the Determination of Value of Supply Rules (“Valuation Rules”), effective from 26th October, 2023. Sub-rule (2) of Rule 28 specifies a […]