Legal Era - June -July 2019

In this issue

India Sneaks Up On Significant Beneficial Owners: Didn’t You Get The Memo? By Parag Srivastava, Leader, Corporate Transactions Group
Nishith Desai Associates and Poonam Pal Sharma, Senior Member, Corporate Transactions Group, Nishith Desai Associates

POPULAR MISCONCEPTION ON CONTRIBUTIONS UNDER THE EMPLOYEES’ PROVIDENT FUND LAW By Nandini Saha, Senior Manager, Legal, ITC Limited

Main Legal Issues In International Business Expansion A French Perspective By Catherine NOMMICK, Partner [ Lawyer, Soulier Avocats ]

The New National Mineral Policy, 2019 By Dr. Manoj Kumar
Founder & Managing Partner, Hammurabi & Solomon

Recovering Misappropriated Assets – The English Route To Asset Recovery By Ros Prince, Partner and Co-head, Stephenson Harwood and Harriet Campbell, Professional Support Lawyer

Group Insolvency: The future of resolving complex insolvencies in India
By Siddharth Srivastava Partner, Banking & Insolvency
Link Legal India Law Services and Harshit Khare, Senior Associate, Banking & Insolvency, Link Legal India Law Services

Effect Of An Unstamped Contract On An Arbitration Clause: The Supreme Court Of India Decides In Garware Wall Ropes Ltd. Vs. Coastal Marine Constructions & Engineers Ltd. By Vijay Purohit MCIArb
Principal Associate, P&A Law Offices (Mumbai) India

Setting Up A Subsidiary Or JV In Japan: Comparison Of The Kabushiki Kaisha And Godo Kaisha Structures By Hiroaki Takagi
Nishimura & Asahi, Partner, Head of India Practice Team

Out With The Old, In With The New... Introducing The New UAE Federal Arbitration Law By James Harbridge, Partner, HFW Law Firm

Globalisation For Business Regulatory And Reputational Risks In A Globalised Market Place By Padma Shri Dr. T.K. Viswanathan, Chairman
Bankruptcy Law Reforms Committee

Supreme Court Allows Appeal Against Chief Judicial Magistrate's Order Under Section 14 Of The Sarfaesi Act

A Supreme Court vacation bench granted leave to appeal directly against a Chief Judicial Magistrate’s order under Section 14 of the Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interest Act (SARFAESI) recently.

2 mins

Recovering Misappropriated Assets – The English Route To Asset Recovery

The English Courts are taking a proactive approach that assists Claimants dealing with fraudsters taking advantage of changing technologies

6 mins

Setting Up A Subsidiary Or JV In Japan: Comparison Of The Kabushiki Kaisha And Godo Kaisha Structures

This article provides a brief comparison of KK and GK, from the perspective of an Indian Company investing in Japan

4 mins

Popular Misconception On Contributions Under The Employees' Provident Fund Law

The object of the EPF Act must be remembered before making any change to the contributions payable to the Provident Fund. The EPF Act was never intended to cause hardship to an employee in the present

10+ mins

Effect Of An Unstamped Contract On An Arbitration Clause

The Garware Case is definitely a welcome judgment in many ways, not the least of which is that it clarifies that in the event of an unstamped agreement, an arbitration agreement cannot have an independent existence

6 mins

Corporate India Saved - Setting Aside The FTIL-NSEL Merger Order

Recently, the Apex Court order set aside a Bombay High Court judgment approving the merger of crisis hit NSEL with parent company, 63 Moons Technologies Limited, formerly known as FTIL, in public interest under Section 396 of the Companies Act

5 mins

Legal Luminary Padma Shri Professor (Dr.) N.R. Madhava Menon

Legal luminary and Padma Shri Prof. (Dr.) Neelakanta Ramakrishna Madhava Menon passed away in the early hours of Wednesday, 8 May 2019, due to liver cancer.

4 mins

The New National Mineral Policy, 2019

The New Policy is set out to integrate the country’s overall strategy with economic development and as a result, guide the exploration, extraction and management of minerals

6 mins

Significant Beneficial Owners: India Sneaks Up On Didn't You Get The Memo?

India recently released the Companies (Significant Beneficial Owners) Amendment Rules, 2018. The Government thereafter modified these rules with the Companies (Significant Beneficial Owners) Amendment Rules, 2019 (“SBO Rules”) effective from February 8, 2019. Since the idea of ensuring greater accountability and transparency over beneficial ownerships is relatively new, the SBO Rules will have to withstand the test of time

3 mins

Group Insolvency: The Future Of Resolving Complex Insolvencies In India

Considering the issue around CIRP for group companies such as value deterioration in the assets of the group companies and lack of bidders in the market for individual group company, the time seems right to further strengthen the Code by adding a chapter on Group Insolvency

5 mins

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Legal Era Magazine Description:

Legal Era is India’s No. 1 Magazine on Endeavors and Developments in the Legal and Corporate World. The magazine serves to educate its readers about their rights while inculcating in them a sense of duty and responsibility. It also provides a keen insight into the latest trends from around the world in law and business, with a view to increasing our readers’ global perspective.
It is a publication, for the people, of the people and by the people. Although it carries views and features by the best in business, they are communicated in a manner that appeals to both lawyers and laymen.
The ultimate objective is to help people across the nation and the world become responsible citizens who are aware of their rights and who firmly believe in the rule of law.