Buyback was considered as one of the most effective means of scaling down of capital by a company and distribution of accumulated profits, until the tax law changes pursuant to the Finance Act, 2024 effective 1st October, 2024. With buybacks becoming ineffective, one may want to look at reduction of capital u/s 66 of the […]
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– 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 […]
– 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, […]
– 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 […]
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, […]
– 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 […]
– Team Corplaw (corplaw@vinodkothari.com) Last updated on October 02, 2024
-Payal Agarwal, Senior Manager | payal@vinodkothari.com RBI has released a Draft Disclosure framework on Climate-related Financial Risks, 2024 (“Disclosure Framework”) on 28th February, 2024 proposing to make disclosure of climate-related financial risks mandatory for RBI-regulated entities. The proposed disclosures are based on the four thematic areas or pillars – (i) Governance, (ii) Strategy, (iii) Risk […]
– Payal Agarwal, Senior Manager (corplaw@vinodkothari.com) In a recent Supreme Court ruling in the matter of Association for Democratic Reforms & Anr. v/s Union of India, Electoral Bond Scheme (EBS/ Scheme) was declared as unconstitutional, including certain amendments to section 182 of the Companies Act, 2013 (“CA”), amended vide the Finance Act, 2017 as arbitrary […]