By Malak Sheth, a third year student at NLU, Patiala. INTRODUCTION It is 2020 and Mia just received a doorstop-delivery of her medicines from the popular e-commerce giant Pharmeasy. Her experience of the convenience provided by the platform convinced her about the positive future prospects of the Company making her willing to invest in the private Company. But there’s a catch, equity assets of such private companies are usually only reserved for institutional investors thus depriving retail investors like Mia here of investment opportunities until they decide to go public. The Company Law Revi ..read more

By Aagman Srivastav, a first-year student at the Lloyd Law College, Greater Noida. BACKROUND A comprehensive legislative framework known as the Insolvency and Bankruptcy Code of 2016 (IBC) was implemented in India to address corporate bankruptcy through a structured system. It includes specific steps for recommending, assessing, selecting, and approving the Corporate Insolvency Resolution Plan (CIRP). The resolution professional, who oversees the process, the Committee of Creditors (CoC), which is crucial to decision-making, and the adjudicating authorities, the National Company Law Tribunal ..read more

By, Ishita Warghat, third year law student at National Law Institute University, Bhopal Introduction In recent years, the intersection between Intellectual Property Rights (‘IPR’) and arbitration has emerged as a significant legal terrain, raising complex questions about the arbitrability of IPR disputes. India, with its robust legal system, stands at the forefront of this evolving landscape. Section 34 of the Arbitration and Conciliation Act, 1996 talks about the non-arbitrable nature of the subject matter of the dispute or the grounds on which arbitral awards can be set aside. While IPR is t ..read more

By, Niloprovo Majumder, B.A.LL.B, 3rd Year, Jyotirmoy School of Law, University of Calcutta Introduction Recently, the Apex Court delivered a significant judgement that resolved a conundrum revolving around the debtor’s right of redemption under Section 13(8) of the SARFEASI Act, 2002, against that of the right of the auction purchaser. The core contention placed before the Court was whether the debtor’s right of redemption prevailed over the right of the auction purchaser, wherein the sale certificate, though obtained, was unregistered and neither was the possession of the property transferre ..read more

By, Rishi Khandelwal, Amity Law School, Amity University Uttar Pradesh, Lucknow Campus, BBA LLB 5th Year Introduction In the digital age, India’s financial sector has undergone a significant transformation, with Non-Banking Financial Companies (NBFCs) playing a pivotal role in this evolution. NBFCs offer a diverse range of financial services, including loans, insurance, and wealth management. With this growth comes the responsibility to handle vast amounts of sensitive customer data. Ensuring data privacy and protection in the operations of NBFCs has become paramount, given the multifaceted ch ..read more

By, Karthik Surya MR, Student of 4th year Law, School of Law, CHRIST (Deemed to be University), Bangalore Key Words: Regulation 36B(6A) of CIRP Regulations Sale of assets as going concern Part sale of assets under IBC. Introduction The whole idea of the corporate debtor being taken over in its entirety by the successful resolution applicant during the Corporate Insolvency Resolution Process seems to be deviating from, with the introduction of Regulation 36B(6A). The aforesaid provision has empowered the Resolution Professional to Request for Resolution Plans (RFRP) for individual assets of t ..read more

By Heeya Sharma & Poonam Sharma, third-year students (B.A. LLB) at Gujarat National Law University In a recent legal development, the apex court’s decision recognizes and adapts the “Group of Companies doctrine” in arbitration practices to suit the complex dynamics of the corporate landscape in India. This progressive judgment given by a five-judge constitution bench of the Supreme Court of India in Cox and Kings Ltd. v. Sap India Ltd. encourages an inclusive approach that perfectly aligns with the constantly evolving world of modern businesses and complex transactions. Group of Companies ..read more

By Aryan Soni, 3rd-year B.Com. LL.B at Gujarat National Law University In a landmark decision during its board meeting on November 25, 2023, the Securities Exchange Board of India (SEBI) approved substantial amendments to the SEBI (Real Estate Investment Trusts, Regulations, 2014). These amendments establish a regulatory framework for Micro, Small, and Medium Real Estate Investment Trusts (MSM REITs). SEBI aims to stimulate fractional ownership among a broader investor base by reducing the asset base value from ₹500 crores to ₹50 crores and introducing opportunities for separate holding scheme ..read more

By, Tanishq Vijay Vargiya, 3rd year B.A L.L.B(Hons.) Student, Gujarat National Law University Keywords:- Corporate Bond, Debt Finance, Capital Markets INTRODUCTION On 27 July 2023, the SEBI released a Circular outlining the framework for Corporate Debt Market Development Fund (CDMDF). This initiative by SEBI came at a critical point for the corporate bond market, which has long suffered from the issues of underperformance and illiquidity. This issue escalated during the COVID-19 pandemic, as investors sought refuge in safer and less risky assets, leading to a corporate bond demand and increase ..read more

By, Sachdev Sharma and Priyanshi Bainwala students of BA.LLB. (Hons.), The West Bengal National University of Juridical Sciences (WBNUJS), and B.B.A. LL.B. (Hons.) School of Law, Narsee Monjee Institute of Management Studies (NMIMS) Introduction India’s stock market has been more favoured among investors seeking to allocate their shares to short-term and long-term investment strategies. In the past, private companies used physical paper documents to distribute the share certificates; although paper certificates were convenient to distribute and owned by investors, they lacked transparency and ..read more