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Abhishek Bansal

SBR REVISED REGULATORY FRAMEWORK FOR NBFC

Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 2013 of India, they operate in the financial sector providing a variety of financial services. These are financial institutions that offer various banking services, similar to banks, but they do not hold a banking license. NBFCs can provide services such as loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by government or local authorities, leasing, hire-purchase,
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Abhishek Bansal

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.
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Abhishek Bansal

FOREIGN DIRECT INVESTMENT BOOKLET

Foreign Direct Investment (FDI), in addition to being a key driver of economic growth, has been a significant non-debt financial resource for India's economic development. Foreign corporations invest in India to benefit from the country's particular investment privileges such as tax breaks and comparatively lower salaries. This helps India develop technological knowhow and create jobs as well as other benefits. investments have been coming into India because of the government's supportive policy framework, vibrant business climate, rising global competitiveness and economic influence.
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Kirti Dureja

MCA Relaxation To Hold Annual General Meeting Via VC/OAVM Amid COVID-19, And Arbitrary Relief To Only A Class Of Companies

In view of the continuing restrictions on the movement of persons at several places in the country, Ministry of Corporate Affairs (MCA) now vide its circular dated 5th May, 20201 (“Circular-3”)has allowed companies to conduct their annual general meetings (AGM’s) through video conferencing (VC) or other audiovisual means (OAVM), during the calendar year 2020, subject to the fulfillment of the certain requirements. Earlier, MCA has provided provision for holding extraordinary general meetings (EGMs) through VC or OAVM facility upto 30th June, 2020 vide circular dated 8th April, 20202 (“Circular-1”) and 13th April, 20203 (“Circular-2”).
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Abhishek Bansal

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
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Abhishek Bansa

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.
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Abhishek Bansal

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
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Pankaj Singla

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.
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Govind Rishi

COVID-19 Vis-A-Vis EXTENSION OF LIMITATION

In its endeavour to contain COVID-19 pandemic, the government has promoting the idea of social distancing and issuing directions and taking other preventive and mitigating measures. Resultingly, with limited physical movement , accessibility of legal forums including the registry for the purposes of filing of proceedings (including petitions/applications/suits/appeals/all other proceedings) across India has become difficult for the litigants. Hence, Hon’ble Supreme Court acknowledging the unprecedented situation, , has taken suo moto cognizance and vide order dated March 23, 20201 (“Order”) has extended the period of limitation for all the proceedings with effect from March 15, 2020 till further orders.
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Kirti Dureja

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).
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Abhishek Bansal

FAQs - COVID-19 Vis-À-Vis Force Majeure APRIL 2020

1. What is meant by the term ‘force majeure’?
Force Majeure is defined to mean “superior force” or “an event or effect that can be neither anticipated nor controlled”. Force Majeure events may include events such as floods, war, terrorism, earthquakes, other natural calamities or other events that may neither be anticipated nor controlled.
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Abhishek Bansa

COVID-19 Vis-A-Vis IMPACT ON PERFORMANCE OF CONTRACTS

The unforeseen pandemic COVID-191 has brought an extensive disruptive effect on the businesses, the world over. The rapid momentum of proliferation of COVID-19 and its lethal consequences has forced the nations globally to take unprecedented steps towards containing the outbreak and to recover from the pandamic, including the complete cessation of not only the international air traffic but also the domestic traffic within.
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SBR REVISED REGULATORY FRAMEWORK FOR NBFC

by Abhishek Bansal, Partner (abhishek.bansal@acumenjuris.com)

Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 2013 of India, they operate in the financial sector providing a variety of financial services. These are financial institutions that offer various banking services, similar to banks, but they do not hold a banking license. NBFCs can provide services such as loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by government or local authorities, leasing, hire-purchase,

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Online Gaming Industry Braces For Information Technology Rules Amendments

by Abhishek Bansal, Partner (abhishek.bansal@acumenjuris.com) | Aastha Chaudhry, Associate (aastha.chaudhry@acumenjuris.com) | Acumen Juris, Law Office (Delhi | Gurugram)

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.

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FOREIGN DIRECT INVESTMENT BOOKLET

by Abhishek Bansal, (abhishek.bansal@acumenjuris.com), Partner | Laxmi Sinha (laxmi.sinha@acumenjuris.com), Associate

Foreign Direct Investment (FDI), in addition to being a key driver of economic growth, has been a significant non-debt financial resource for India's economic development. Foreign corporations invest in India to benefit from the country's particular investment privileges such as tax breaks and comparatively lower salaries. This helps India develop technological knowhow and create jobs as well as other benefits. investments have been coming into India because of the government's supportive policy framework, vibrant business climate, rising global competitiveness and economic influence.

article-image

MCA Relaxation To Hold Annual General Meeting Via VC/OAVM Amid COVID-19, And Arbitrary Relief To Only A Class Of Companies

by Kirti Dureja, Associate Partner

In view of the continuing restrictions on the movement of persons at several places in the country, Ministry of Corporate Affairs (MCA) now vide its circular dated 5th May, 20201 (“Circular-3”)has allowed companies to conduct their annual general meetings (AGM’s) through video conferencing (VC) or other audiovisual means (OAVM), during the calendar year 2020, subject to the fulfillment of the certain requirements. Earlier, MCA has provided provision for holding extraordinary general meetings (EGMs) through VC or OAVM facility upto 30th June, 2020 vide circular dated 8th April, 20202 (“Circular-1”) and 13th April, 20203 (“Circular-2”).

article-image

Online Stores Considered As Start Of Business Activities; Insurance Intermediaries Under 100% Automatic Route; FPI Divestment Incase Of Excess Holding

by Abhishek Bansal,Partner I Laxmi Sinha, Senior Associate

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

article-image

RBI DIRECTIVES Amid COVID-19

by Abhishek Bansa, Partner l Laxmi Sinha, Senior Associate

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.

article-image

Investments From China Require Government Approval- Fair Dealing Is A Key

by Abhishek Bansal,Partner I Laxmi Sinha, Senior Associate

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

article-image

Employment In Times Of COVID-19 Pandemic APRIL 2020

by Pankaj Singla, Partner

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.

article-image

COVID-19 Vis-A-Vis EXTENSION OF LIMITATION

by Govind Rishi, Partner | Pavish Singhla, Senior Associate

In its endeavour to contain COVID-19 pandemic, the government has promoting the idea of social distancing and issuing directions and taking other preventive and mitigating measures. Resultingly, with limited physical movement , accessibility of legal forums including the registry for the purposes of filing of proceedings (including petitions/applications/suits/appeals/all other proceedings) across India has become difficult for the litigants. Hence, Hon’ble Supreme Court acknowledging the unprecedented situation, , has taken suo moto cognizance and vide order dated March 23, 20201 (“Order”) has extended the period of limitation for all the proceedings with effect from March 15, 2020 till further orders.

article-image

COMPANIES FRESH START SCHEME 2020 | RE-SET OF CORPORATE COMPLIANCE STRUCTURE

by Kirti Dureja, Associate Partner

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).

article-image

FAQs - COVID-19 Vis-À-Vis Force Majeure APRIL 2020

by Abhishek Bansal,Partner I Pavish Singhla, Senior Associate

1. What is meant by the term ‘force majeure’?
Force Majeure is defined to mean “superior force” or “an event or effect that can be neither anticipated nor controlled”. Force Majeure events may include events such as floods, war, terrorism, earthquakes, other natural calamities or other events that may neither be anticipated nor controlled.

article-image

COVID-19 Vis-A-Vis IMPACT ON PERFORMANCE OF CONTRACTS

by Abhishek Bansa, Partner l Pavish Singhla, Senior Associate

The unforeseen pandemic COVID-191 has brought an extensive disruptive effect on the businesses, the world over. The rapid momentum of proliferation of COVID-19 and its lethal consequences has forced the nations globally to take unprecedented steps towards containing the outbreak and to recover from the pandamic, including the complete cessation of not only the international air traffic but also the domestic traffic within.

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