The Negotiable Instruments Act, 1881 (“NI Act”) has been amended from time to time to make the law relating to dishonor of the cheque more stringent against unscrupulous drawers of cheques. Repeated efforts have been made both by the Legislature and the Judiciary to curb the blatant abuse of the process of law by the […]
GDPR – WHAT IT MEANS FOR INDIAN BUSINESS? With digital and cross border transactions growing at an exponential rate, protection of personal data has become a critical issue with multi-jurisdictional implications. The recent and most significant example of protection of personal data being that of the European Union’s (“EU”) regulation on protection of natural persons […]
WITHHOLDING TAX IMPLICATIONS ON PAYMENT OF TECHNICAL SERVICES FEE If you have questions or would like additional information on the material covered herein, please contact: Ms. Seema Jhingan, Partner ([email protected]) Ms. Neha Yadav, Principal Associate ([email protected]) LexCounsel, Law Offices C-10, Gulmohar Park New Delhi […]
Taxation is one of the most fundamental aspect of cross border transactions and generally attracts a lot of attention while negotiating and closing international deals. Varied opinions, narrow interpretations by tax assessing officers (often favouring treasury) and conflicting judicial precedents on the same issues sometimes shake investor confidence. In this article, we will be addressing […]
“This article has been co-authored by the team of LexCounsel Law Offices, India and Mr. Teo Doremus and Ms. Courtney Zhou of IPO Pang Xingpu, China”. 1. Demystifying ICOs. Initial Coin Offerings (or “ICOs”) as a means of fundraising has steadily becoming the new normal in this digital age for start-ups looking to fund new […]
With the introduction of the Insolvency & Bankruptcy Code, 2016 (“Code”), there has been a flurry of litigation before the National Company Law Tribunals (“NCLT”) and the National Company Law Appellate Tribunal seeking initiation of corporate insolvency resolution process with respect to companies in default of debt. The Code being a new legislation is not […]
This article has been co-authored by the team of LexCounsel Law Offices in collaboration with Ms. Magdalena Jacolik of Aliant Krzyżowska International Law Firm, Poland: http://www.mondaq.com/india/x/687750/data+protection/An+Overview+Of+Data+Protection+Laws+In+India+And+European+Union Communication, transfer, storage and use of data (and often sensitive, confidential and personal data) has become part and parcel of today’s digital transactions. While electronic transactions are quickly becoming […]
My Firm recently co-hosted the Indian Corporate Counsel Association’s General Counsel meet at Goa earlier this month. It was a huge success and I am happy to share images from the meeting.
ENFORCEABILITY OF GOVERNMENT DIRECTIONS, POLICIES, GUIDELINES AND CONTRACTS When dealing with government policies, guidelines and contracts, one is often faced with the question of the nature of these policies, directions and contracts. For instance, do the codes and guidelines issued by different departments of the Government of India or the contracts entered into by public […]
LexCounsel has recently contributed to the IR Global publication in collaboration with the Association of Corporate Counsel on ‘Minimising Corporate Liability: Advice From Outside Counsel’. This publication offers a unique jurisdictional perspective on Director Duties and Liabilities & Reporting to the Board, Corporate Governance, reputation management, ethics and regulatory compliance and includes contributions from 23 […]
Extending the applicability of the moratorium declared under the Insolvency and Bankruptcy Code, 2016 (“IBC Code”) to the ‘personal guarantors’ acting as surety in a contract of guarantee to a corporate debtor, the National Company Law Appellate Tribunal (“NCLAT”) has in its recent decision in the matter of State Bank of India vs Mr. V. […]
Seema Jhingan of LexCounsel, India recently met with fellow IR Global member Maurizio Ruben of CDR & ASSOCIATI, Italy during his visit to New Delhi. Seema and some of her team hosted Maurizio and his wife for dinner after visiting the firm’s offices. “It was lovely meeting with an IR member during his holidays to India.” – Seema