On 6 April 2023, the Indian Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (Amendment Rules), primarily for online real money games, to amend the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT
Below are certain legal and regulatory developments in India, during 2022, which provide a snapshot on the pace with which the Government of India (GoI) is bringing in reforms to contribute to a strong and robust economy: The Ministry of Corporate Affairs, GoI (MCA): notified amendments to the Limited Liability
The Finance Minister of India, Mrs. Nirmala Sitharaman, presented the Union Budget for the financial year 2023-24 on 1 February 2023 (Budget), which draws the blueprint for India @100, presenting a vision for ‘Amrit Kaal’ (the best and the most auspicious time), for an empowered and inclusive economy for a prosperous India.
The Government of India in consultation with the Reserve Bank Of India (RBI) on 22 August 2022 notified the Foreign Exchange Management (Overseas Investment) Rules, 2022 (Overseas Investment Rules) and Foreign Exchange Management (Overseas Investment) Regulations, 2022 (Overseas Investment Regulations) in supersession of Foreign Exchange Management (Transfer or Issue of
The Ministry of Corporate Affairs (MCA), Government of India (GoI) through its notification dated 01 June 2022 (Notification), notified the Companies (Appointment and Qualification of Directors) Amendment Rules, 2022 (Amendment Rules) to further amend the Companies (Appointment and Qualification of Directors) Rules, 2014 (Rules). Pursuant to the Rules, every person
The Finance Minister of India presented the Union Budget for the financial year 2022–23 on 1 February 2022 (Budget). The Budget lays the foundation and provides a blueprint to steer the economy over the Amrit Kaal (the best and the most auspicious time) – from India@75 years to India@100 years
The Securities and Exchange Board of India (SEBI), the Indian securities market regulator, notified through a press release (Press Release), amendments to the provisions of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 relating to related parties (RP) and related party transactions (RPT) (Amendments). The Amendments will come into effect
On 15 September 2021, through a press release, the Government of India announced the approval of a PLI Scheme for the automobile industry and drone industry with a budget of INR 260 Billion (Approx. USD 3.5 Billion). Following such approval, the Ministry of Heavy Industries (MHI) vide gazetted notification dated
With a view to protect and generate employment opportunities, promote healthy competition, protect interests of the consumers, infuse liquidity, encourage investment, boost the proliferation and penetration of broadband and telecom connectivity (including 4G and 5G networks), and reduce regulatory burden on the Telecom Service Providers (TSP), the Indian Union Cabinet
In a major development providing significant relief to the foreign investors, the Taxation Laws (Amendment) Act, 2021 (“Amendment Act”) was enacted on 13 August 2021, amending the contentious retrospective tax provisions under section 9 of the Income Tax Act, 1961 (“IT Act”) and section 119 of the Finance Act, 2012
On 6 August 2021, in Amazon.Com NV Investment Holdings LLC Versus Future Retail Limited & Ors. the Supreme Court of India decided two important questions of law: whether an emergency award under the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) can be said to be an order
The Indian securities market regulator, the Securities and Exchange Board of India (SEBI), in its Board Meeting held on 29 June 2021 took various significant decisions, including approving certain amendments to the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (LODR) pertaining to Independent Directors (IDs), based on which, on
The Department of Justice, Ministry of Law and Justice has on 28 June 2021 launched the ‘Enforcing Contracts Portal’ (“Portal”), which is a historic initiative towards the ease of doing business in India. The Portal is a comprehensive source of information pertaining to legislative and policy reforms relating to enforcing
The Ministry of Corporate Affairs, Government of India (MCA) through its notification dated 15 June 2021, notified the Companies (Meetings of Board and its Powers) Amendment Rules, 2021 (Amendment Rules) to further amend the Companies (Meetings of Board and its Powers) Rules, 2014 (Rules). In the wake of the Covid-19
On 2 June 2021, the Union Cabinet approved the Model Tenancy Act, 2021 (Act) for circulation to all States for adaptation of the Act by enacting a fresh legislation or to make appropriate amendments in existing rental legislations of States. The Act aims to promote rental housing and balance the
The Finance Minister of India presented the Union Budget for the financial year 2021-2022 on 1 February 2021 (Budget). The Budget is geared towards a hopeful reset of the Indian economy amidst the Covid-19 crisis and seeks to facilitate strategic disinvestment, and bolster several sectors such as infrastructure, roads and
First & foremost, we wish all our readers a very happy & healthy 2021! Below are certain key reforms & legal developments in India during 2020 which we thought would be of interest: On 22 January 2020, the Securities and Exchange Board of India (SEBI) issued a circular to streamline
The Department for Promotion of Industry and Internal Trade (DPIIT) has on 28 October 2020 released the “Consolidated Foreign Direct Investment Policy 2020” (FDI Policy 2020) that has come into effect from 15 October 2020. The FDI Policy 2020 subsumes and supersedes all previous Press Notes/ Press Releases/Clarifications issued prior
The Foreign Contribution (Regulation) Amendment Act, 2020 (FCRA Amendment Act) which has come into force on 29 September 2020 amends the Foreign Contribution (Regulation) Act, 2010 (FCRA) and in order to enhance transparency and accountability in the receipt and utilisation of foreign contribution and facilitate genuine non-governmental organisations or associations
The Indian Parliament has recently passed the Companies (Amendment) Act, 2020 (Amendment Act), which has also been notified, to further amend the Companies Act, 2013 (Act) in another attempt to further decriminalize and rationalize certain offences under the Act, in case of defaults which can be determined objectively and which
The foreign direct investment (FDI) policy earlier permitted investment in the defence sector through the automatic route up to 49% (forty nine percent) and FDI beyond 49% (forty nine percent) through the government (approval) route. However, the press note issued by the Department for Promotion of Industry and Internal Trade,
The 40 Under 40 is a National Award recognizing and celebrating the fortitude of the top legal minds and best talent under the age of 40 years in India, who have shown unprecedented legal acumen, grit, leadership, achievement and dedication in their young career spans, driving the Indian Legal Industry
On 23 July 2020, the Ministry of Consumer Affairs, Food and Public Distribution, Government of India notified the Consumer Protection (E-Commerce) Rules, 2020 (Rules). The objective of the Rules is to regulate the e-commerce goods and services sector and ensure transparency to enable consumers to make informed online purchases from
The Income Tax Appellate Tribunal, New Delhi, India (ITAT) on 6 July 2020, in DDIT, Circle-2(2), New Delhi v M/s. Yum! Restaurants (Asia) Pte. Ltd, decided on whether a seconded employee of a non-resident entity amounted to the creation of a permanent establishment (PE) as per the India-Singapore Agreement For
On 5 June 2020, the President of India issued the Insolvency and Bankruptcy Code (‘Code’) (Amendment) Ordinance, 2020 (‘Ordinance’) due to the uncertainty caused by the Covid-19 pandemic and the related economic fallout. The Ordinance puts a permanent bar on the initiation of corporate insolvency resolution proceedings for any defaults
The Ministry of Corporate Affairs (MCA), vide two notifications issued on 20 January 2018, revised the Companies (Incorporation) Rules, 2014 and the Companies (Registration Offices and Fees) Rules, 2014 (together, “Amendments”). The Amendments, effective from 26 January 2018, revise the procedure in relation to incorporation of a company in India and the associated fee. The Amendments further promote India’s continuing efforts in Ease of Doing Business as the revised process is intended to be simpler and quicker.
On 15 November 2019, the Central Government notified the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019 (FSP Rules). The FSP Rules aim to provide a framework for insolvency and liquidation of systemically important financial service providers (FSPs) other than
On 20 September, 2019, the Finance Minister announced a reduction in corporate tax rates estimated to provide cumulative tax relief of INR 1,45,000 Crore (approx. USD 21 billion) to corporate tax-payers. A Press Note issued by the Ministry of Finance on 20 September 2019 (Press Note) highlights the key amendments to the corporate tax regime introduced by the Taxation Laws (Amendment) Ordinance, 2019 (Ordinance) and further proposes increased avenues for corporate social responsibility spending. Some of the key features of the
The Indian Government had constituted the Competition Law Review Committee on 1 October 2018, with members from the Competition Commission of India (CCI) and the Insolvency and Bankruptcy Board of India and headed by the Corporate Affairs Secretary (Committee). The Committee was tasked with reviewing the competition regulations and suggesting necessary changes to re-calibrate and strengthen the existing legal framework in order to promote best practices. The Committee submitted its report to the Indian Finance Minister on 14 August 2019 (Report),
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