Author Archive for: Staff
Entries by Staff
Contractual Freedom Vs. Corporate Rescue: Taking Anti-Deprivation Rule beyond Gujarat Urja ruling
Vinod Kothari, Managing Partner and Sikha Bansal, Partner Insolvency is a state of insufficiency – as such, the need to protect ‘whatever is there’ is quite obvious. The rule of ‘anti-deprivation’ offers that protection. Under normal circumstances, the autonomy of parties entering into contracts is well-established. However, in insolvency, there is an inherent tension between […]
Resolution Plans – A Non returning visa to the resolution land
Anushka Vohra | Deputy Manager (corplaw@vinodkothari.com) On September 13, 2021, in the matter of Ebix Singapore Private Limited v. Committee of Creditors of Educomp Solutions Limited[1], the Apex Court ruled that a Resolution Plan, once submitted with the Adjudicating Authority (“AA”) for approval, cannot be subsequently withdrawn at the behest of the Resolution Applicant. While this […]
SEBI approves stricter norms for RPTs
CS Vinita Nair | Vinod Kothari & Company September 29, 2021 SEBI in its Board meeting held on September 28, 2021 approved the amendments in RPT framework that were proposed by the Working Group[1] (‘WG’) in January, 2020. The notification amending SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (‘Listing Regulations’) is awaited. Certain amendments […]
Can companies avail GST benefits on CSR spending?
– By Harsh Juneja | Executive (corplaw@vinodkothari.com) (Updated as on February 03, 2023 by Lovish Jain | Executive) Background Section 135(5) of the Companies Act, 2013 (‘the Act’) requires every eligible company [as per section 135(1)] to spend at least 2% of the average of net profits of immediately preceding 3 financial years towards Corporate […]
Workshop on RBI Master Directions on Securitisation and Transfer of loans
We invite you all to join us at the 10th Securitisation Summit, 2022 on 27th May 2022. You are sure to meet the who’s-who of the Indian structured finance space – the originators, investors, rating agencies, legal counsels, accounting experts, global experts, and of course, regulators. The details can be accessed here.
Presentation on Corporate Governance for Debt Listed Entities
Our resources can be accessed through below links: FAQs on recent amendments under the Listing Regulations – https://vinodkothari.com/2021/08/faqs-recent-amendments-listing-regulations/ Articles on fifth amendment regulations: Corporate Governance requirements applicable to ‘High Value’ Debt listed entities – https://vinodkothari.com/2021/09/high-value-debt-listed-entities-under-full-scale-corporate-governance-requirements/ Analysis on LODR Fifth Amendment – https://vinodkothari.com/2021/09/corporate-governance-enforced-on-debt-listed-entities/ Presentation on LODR Fifth Amendment for a quick overview – https://vinodkothari.com/2021/09/presentation-on-lodr-fifth-amendment-regulations-2021/ Snapshot of LODR Fifth Amendment – https://vinodkothari.com/2021/09/full-scale-corporate-governance-extended-to-debt-listed-companies/ Debt listed entities under new […]
After 15 years: New Securitisation regulatory framework takes effect
-Financial Services Division (finserv@vinodkothari.com) [This version dated 24th September, 2021. We are continuing to develop the write-up further – please do come back] On September 24, 2021, the RBI released Master Direction – Reserve Bank of India Securitisation of Standard Assets) Directions, 2021 (‘Directions’)[1]. The same has been released after almost 15 months of the […]
FAQs on LODR amendment on ‘High Value’ debt listed entities
Our resources can be accessed through below links: FAQs on recent amendments under the Listing Regulations – https://vinodkothari.com/2021/08/faqs-recent-amendments-listing-regulations/ Articles on fifth amendment regulations: Corporate Governance requirements applicable to ‘High Value’ Debt listed entities – https://vinodkothari.com/2021/09/high-value-debt-listed-entities-under-full-scale-corporate-governance-requirements/ Analysis on LODR Fifth Amendment – https://vinodkothari.com/2021/09/corporate-governance-enforced-on-debt-listed-entities/ Presentation on LODR Fifth Amendment for a quick overview – https://vinodkothari.com/2021/09/presentation-on-lodr-fifth-amendment-regulations-2021/ Snapshot of LODR Fifth Amendment – https://vinodkothari.com/2021/09/full-scale-corporate-governance-extended-to-debt-listed-companies/ Debt listed entities under new […]
Corporate law and company articles: resolving complementarity, conflict and congruence
Payal Agarwal ( payal@vinodkothari.com) Introduction Articles of a company are the rulebook for the indoor management of a company and should be observed at all times subject to the provisions of the Companies Act, 2013 (“the Act”) which has an overriding effect on the articles of a company. Any inconsistency in the articles of […]