Entries by Staff

Exempting IFSCA-registered Finance Companies from section 186

Ayush Kumar – Executive | corplaw@vinodkothari.com Background: With a view to promoting ease of doing business for Finance Companies (FCs) operating in the IFSC jurisdiction, the MCA, upon the request of the IFSCA, has vide its notification dated November 3, 2025, extended the exemptions available under section 186 of the Companies Act, 2013, to FCs […]

When “Profit” Isn’t Always Distributable

– Understanding Reportable vs Distributable Profits under Ind AS and the Companies Act, 2013 – Sourish Kundu | corplaw@vinodkothari.com In the sphere of corporate law intertwined with accounting principles, there arises a question on profits that are reported in the financials of a company and the amount that can actually be distributed, that is to […]

Redeemable preference shares not debt under IBC

– SC reinforces the distinction between ‘debt’ and ‘share capital’ for the purpose of IBC – Sourish Kundu | resolution@vinodkothari.com Introduction The Supreme Court in a recent judgement in the matter of EPC Constructions India Limited v. M/s Matix Fertilizers and Chemicals Limited, has categorically clarified that holders of Cumulative Redeemable Preference Shares (“CRPS”) are […]

A MIX OF EASE AND BURDEN: SEBI’s latest regulatory push redefines the role of DTs and issuers

Palak Jaiswani, Manager and Lavanya Tandon, Senior Executive | corplaw@vinodkothari.com Updated as on November 27, 2025 Regulatory reforms to ensure EoDB for Debenture Trustees are being discussed and implemented in phases since January, 2025. SEBI proposed amendments with respect to permissible activities of DTs, the manner of utilisation of Recovery Expense Fund, specified rights of […]

Upfronting Uprooted: RBI puts an end to early profit booking in Co-lending

Simrat Singh | Finserv@vinodkothari.com Co-lending is an arrangement where two or more regulated entities (REs) jointly extend credit to a borrower under a pre-agreed Co-Lending Agreement (CLA). The CLA, signed before origination, defines borrower selection criteria, product lines, operational responsibilities, servicing terms and the proportion in which each lender will fund and share the loan. […]

Insider Trading Concerns in Derivatives trades by Designated Persons

– Payal Agarwal and Saloni Khant | corplaw@vinodkothari.com Designated persons, being insiders with regular privileged information flow, cannot be doing what other investors can do. Several option trades may be devices to skim short term swings in share prices. can designated insiders do these? This interesting question, mostly ignored in Indian corporate practice, is explored […]

Piercing through subjectivity to reach out for SBOs

ROCs uncovering SBOs through publicly available information – Pammy Jaiswal and Darshan Rao | corplaw@vinodkothari.com Introduction The framework for SBO identification can be traced back to the recommendations of the Financial Action Task Force (FATF), a global watchdog for combating money laundering and terrorist financing. Section 90 of the Companies Act, 2013 (‘Act’) read with […]

Principles of Neutrality for Multi-Lender Platforms

Aditya Iyer | Written for finserv@vinodkothari.com This present write-up attempts to underscore the importance of platform-neutrality in multi-lending platforms (i.e., digital platforms where a borrower is able to choose from the loan offers made by multiple lenders against a requested product). It assumes relevance because the sincere borrower places their faith in these platforms, and […]