Articles for Opinion & Analysis

Ameya Gokhale | Shardul Amarchand Mangaldas
Technology And Insolvency: Leveraging Digital Tools For Faster Resolutions

The National e-Governance Services Limited (“NeSL”) is presently India’s sole registered IU. The IU and their database are being utilized only in a limited manner as below: A) By a circular dated 12 May, 2020, the Adjudicating Authority mandated compulsory inclusion of a Record of Default (“RoD”) issued by the IU for filings under Section 7 of the Code.

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Article by Luthra & Luthra
Reserve Bank of India’s Master Direction on Fraud Risk Management

RBI issues a new framework for fraud risk management incorporating the Supreme Court ruling and striking a balance between early fraud detection and principles of natural justice

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Personalising The Personal Guarantee Regime

The Creditors with minor tweaks in their enforcement actions like ensuring fresh service of personal guarantee invocation, revisiting of existing guarantee agreements, engaging in periodical revival of guarantees when principal terms are materially altered etc. could witness substantial positive impact in legal proceedings

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Clarifying Legal Boundaries: Key Takeaways On Arbitration Limitation Periods In Current Practice

Authored by: Gunita Pahwa, Joint Managing Partner & Shikhar Agarwal, Principal Associate, S&A Law Offices

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Key Measures Taken In 53rd GST Council Meeting: A Quick Recap

This article is co-authored by Shivam Mehta, Executive Partner and Tanya Garg, Senior Associate at Lakshmikumaran & Sridharan Attorneys

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Reform Insolvency Law To Expedite Resolutions And Include Cross-Border & Group Insolvencies

In the 100 days’ agenda of Modi 3.0 regime, included also was an amendment in the IBC Code of 2016 to incorporate mechanisms for cross-border and group insolvencies. While discussing amendments, it would be the appropriate to undertake a mid-term review of implementation and introduce fixes for efficiency in implementation and reduce delays

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PRAVAAH's Role In Facilitating Regulatory Synergy Across Financial Entities

The PRAVAAH portal has established a direct channel between entities/individuals seeking various approvals under the Foreign Exchange Management Act, 1999 and the RBI

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Tax & Tech: The Twain Shall Meet

Authors: Adarsh Somani, Partner & Manali Shenoy, Associate at Economic Laws Practice

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The Ultra-Vires Challenge: Scrutinising SEBI's Financial Disincentive Circular

The amount of financial disincentive for Surveillance Related Lapses will be calculated based on the MII's total annual revenue from the preceding financial year and the frequency of such lapses during that year

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Enhancing Regulatory Effectiveness: Amendments To CCI (General) Regulations, 2009

To bolster the effectiveness of competition regulations in the country, as part of the draft amendment, CCI has proposed crucial provisions pertaining to appointment of independent expert agencies to monitor implementation of its final orders under regulation 52A

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