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Online Gaming Industry Braces For Information Technology Rules Amendments
The Indian gaming market growing at a CAGR of 30% is expected to grow from $2.8 billion in 2022 to $5 billion in 2025. The number of gamers is expected to rise from 420 million in 2022 to 500 million by 2025. Considering the evolution of the industry and the involvement of public at large, the government with a view to safeguard the public money from the detrimental effects of online gaming decided to provide for a regulatory mechanism and thus has recently released draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,2021 (�the 2021 Rules�) to bring online gaming intermediaries operating online games under the ambit of the Rules.
Anti-Dilution- Calculating the numbers
Anti-Dilution means protecting against the dilution, and is the fundamental right sought by the investors globally to protect their investments from dilution. With the present era of technology, start-ups, and investments, there is a race amongst the start-up founders to innovate and develop new ideas and the investors to look for promising start-ups in order to invest. However, the investors simultaneously look for certain rights to protect themselves from dilution against any future pricing, since such pricing of new businesses are based on the prototype, the pilot model or the traction in the business model of the start-up, and is all notional and entirely pertains to the business it could develop and earn, and not the actual revenue stream or profit earnings. The investment strategy that the investors undertake is to invest in the potential start-ups, publicize it, develop it so that it reaches a certain benchmark, and then re-invest, publicize and develop it and keep repeating this process, but every time at a higher valuation, thereby increasing the worth of the start-up.
CATEGORIES OF ALTERNATIVE INVESTMENT FUND (‘AIF’) AND REGISTRATION PROCESS
This Article outlines the criteria and process for registration of Alternative Investment Fund with the regulator of the securities market, Securities and Exchange Board of India (“SEBI”) pursuant to the provisions of SEBI (Alternative Investment Fund) Regulations, 2012, as amended from time to time.
Investor Protection Rights vis-à-vis Founders’ Rights
-Investment Agreements-
India’s start-up sector is snowballing with new start-ups setting up every other day with novel business ideas. Also being witnessed is the considerable public investments and listing of the start-ups that have turned into a unicorn in a short span.
EXIT RIGHTS
-Share Subscription and Shareholders Agreement-
Supplemental to our previous writing on ‘Investor Protection Rights - Share Subscription and Shareholders Agreement’ , this article focusses on various ‘Exit Rights’ sought and negotiated by the Investors while making investments, where such Exit Rights are aimed towards providing an exit opportunity to such an Investor in either of the following manners
EMERGENCE OF THE POSH ACT & ITS FEATURES VIZ-A-VIZ VISHAKA GUIDELINES
India is rapidly progressing in its developmental goals and more women are joining the workforce, resulting in the sexual harassment of women at the workplace is becoming increasingly prevalent in India. Sexual harassment at the workplace is an extension of violence in everyday life and is discriminatory and exploitative, as it affects women’s right to life and livelihood
-Waiver under Contract Act- When Effective-
Doctrine of Promissory Estoppel
The term ‘Waiver’ in general usage means to renounce any right or claim. It is a conscious informed decision that a party takes with respect to the renunciation of any right or claim that some other party is obliged to perform. Black’s Law Dictionary defined Waiver to mean the voluntary relinquishment or abandonment - express or implied - of a legal right or advantage;…The party alleged to have waived a right must have had both knowledge of the existing right and the intention of forgoing it. Accordingly, essential elements of a Waiver shall include
-Doctrine of Severability- How Operates?-
Severability Clause, or Separability Clause, a boilerplate clause often finds its little space in the last pages of a contract. This clause, since bearing considerable implications, is never overlooked by the parties to a contract. The Severability Clause is based on the ‘Doctrine of Severability’ or ‘Doctrine of Separability’, in according to which, in the event, any provision of a contract is rendered illegal or void, and therefore, not enforceable, the remaining provisions shall be severed and enforced independent of the unenforceable provision, provided such severance does not adversely affect the effectuation of the intention of parties to such contract.
Comparison Chart
Non-Deposit Taking – Systematically Important and Non-Systematically Important NBFC
This chart seeks to outline the differences between a Non-Deposit Taking – Systematically Important NBFC (NBFC ND-SI) and Non-Deposit Taking – Non-Systematically Important NBFC (NBFC ND-NSI). For the said purpose, the criteria for deciding the status of systematically important NBFC is imperative and hence, the same is mentioned below
Online Stores Considered As Start Of Business Activities; Insurance Intermediaries Under 100% Automatic Route; FPI Divestment Incase Of Excess Holding
Foreign investments in India have always been regulated since the beginning. Supervision on such investments has seen a phase of liberal view as opposed to restricted view applicable in the earlier years. Hence, with a constant need to align the rules to accommodate the changing cross border investments trend, the Ministry of Finance (“MoF”) has come up with the second amendment on the recently notified Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 (“Principal Rules”) vide issue of notified Foreign Exchange Management (Non-Debt Instruments) (Second Amendment) Rules, 2020 (“Amendment Rules”) on April 27, 2020
RBI DIRECTIVES Amid COVID-19
During this difficult time of global crises owing to COVID – 191 (“C-19”) pandemic, our Government has duly recognized the tough times Indian businesses are facing all over the nation and hence, Reserve Bank of India in consultation with the Government of India, and the Government of India itself has prescribed certain measures in order to liberalize the developmental and regulatory policies applicable on them. These measures are expected to mitigate the numerous disruptions on account of the C-19 pandemic and to ensure the continuity of viable businesses.
Investments From China Require Government Approval- Fair Dealing Is A Key
The unequivocal lockdown declared by the Government of India towards the end of March 2020 is primarily considered to be the most potential and effective preventive measure against COVID-19. However, everything has its own cost and in the present case, where India is undergoing economic slowdown, which may make many Indian corporates an easy target for acquisition by foreign entities
Employment In Times Of COVID-19 Pandemic APRIL 2020
The COVID -19 pandemic has caused disruption of business and life in the entire world and India is not immune to it either. The governments across the globe have taken several measures, some of which are unprecedented, in order to minimise the impact of this pandemic.
COMPANIES FRESH START SCHEME 2020 | RE-SET OF CORPORATE COMPLIANCE STRUCTURE
During this difficult time, with a view to boost the economy and as a reform to promote ease of doing business, the government of India has been making tremendous efforts in clearing backlogs/disputes/appeals under direct and indirect taxes which has resulted in the launched settlement schemes under direct tax (vivaad se vishwas scheme) & indirect tax (sabka vishwas scheme).