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Firm: Kochhar & Co. Advocates & Legal Consultants

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Corporate Law Update: New M&A Rules affect Minority Shareholders
Kochhar & Co. Advocates & Legal Consultants, February 2020

 The Ministry of Corporate affairs has recently notified Sections 230(11) and 230 (12) of the Companies Act, 2013 (“Companies Act”) and certain amendments to the Companies (Compromises, Arrangements and Amalgamation) Rules, 2020 (“M&A Rules”)[1] (together, the “Amendments”)...

Artificial Intelligence in the World of IP
Kochhar & Co. Advocates & Legal Consultants, February 2020

Artificial Intelligence (AI) in the world of Intellectual Property has raised some very interesting questions and debate. The patentability of AI related inventions, proprietary issues of inventorship and the lack of adequate regulations and standards have left some open-ended questions. AI related inventions generally use techniques like machine learning, deep learning and neural networks...

India Releases: 2020-21 Union Budget
Kochhar & Co. Advocates & Legal Consultants, February 2020

Hon’ble Finance Minister, Government of India, while presenting the Union Budget 2020 today stated that her proposals are structured around the themes of ‘Aspirational India’, ‘Economic Development’, and a ‘Caring Society’.  As we start decoding the fine print of her tax proposals please find hereinbelow key tax highlights of the Finance Bill, 2020...

Private Mergers and Acquisitions Overview
Kochhar & Co. Advocates & Legal Consultants, January 2020

Kochhar & Co. Senior Partner, Suhas Srinivasiah, and Principal Associate, Ajay G Prasad, have co-authored the India chapter of the ‘Private Mergers & Acquisitions’ published by Practical Law, Thomson Reuters. The paper provides a holistic view of the M&A law in India and recent trends in the private M&A space”...

Kochhar & Co. - Indian Company Law Update - July-August 2019
Kochhar & Co. Advocates & Legal Consultants, September 2019

MCA UPDATE – JULY 2019 What When Summary 1. Notification of Ministry of Corporate Affairs (“MCA”) with regards to filing / verification of KYC details of the directors 25.07.2019 The Ministry of Corporate Affairs (“MCA”) has notified the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019...

Indian Corporate Law and FEMA Update – June - July 2019
Kochhar & Co. Advocates & Legal Consultants, September 2019

What When Summary 1. Online reporting for filing of Annual Return on Foreign Liabilities and Assets (FLA Return) by Indian Companies 28.06...

Foreign Filing Licenses - Timeline and Strategy
Kochhar & Co. Advocates & Legal Consultants, September 2019

Indian patent law does not permit the filing of patent applications outside the territory of India unless a patent application is filed in India first. The Patent office examines the application to ensure that it does not fall under the defence sector or has any relation to atomic energy...

Scope of Enquiry by the Court as to Existence of an Arbitration Agreement at the Pre-Arbital Stage: An Indian Arbitration Law Perspective
Kochhar & Co. Advocates & Legal Consultants, July 2019

In the past few years, the Indian Government has realised that its justice delivery system especially in respect of commercial disputes needs to keep pace with India’s economic growth. Though the Indian Arbitration and Conciliation Act, 1996 (“Act”) is based on the UNCITRAL principles, judicial decisions had virtually obliterated the original intent of the Act and gravely undermined its avowed objective of expeditious dispute resolution...

Single Economic Entity and Corporate Separatedness Doctrine: A Juxtaposition
Kochhar & Co. Advocates & Legal Consultants, April 2019

The law governing companies globally, and in India, recognises a company to be a personality, distinct from its shareholders. In the celebrated case of Salomon v Salomon & Co. Ltd[1]., Lord Halsbury LC, had stated:“[A] company must be treated like any other independent person with its rights and liabilities [legally] appropriate to itself … whatever may have been the ideas or schemes of those who brought it into existence.”1...

Article on India Employment Laws - Special Allowances Under the Employees Provident Fund (EPF) Act Need to be Special
Kochhar & Co. Advocates & Legal Consultants, March 2019

Special allowances under the EPF Act need to be special On February 28, 2019, the Supreme Court of India passed a landmark order on whether special allowances fall within the scope and meaning of “basic wages” under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (the “EPF Act”)...

Intellectual Property Holding Companies and their Benefits
Kochhar & Co. Advocates & Legal Consultants, December 2018

Most companies go to great lengths to protect and maintain their intellectual property (IP). These companies recognize the value of their IP and work towards its development, sustainability and commercialization. IP strategy customary includes where and when to file patent applications, how to choose a brand name and register it, how to protect and enforce copyrights, protect trade secrets, etc...

Rights of Persons with Disabilities Act
Kochhar & Co. Advocates & Legal Consultants, October 2017

Rights of Persons with Disabilities Act - A well meaning legislation albeit with complex terms, anomalies and aggressive penal provisions The Rights of Persons with Disabilities Act (“the Act”) is undoubtedly a welcome and much awaited enactment. The genesis of the Act lies in the UN Convention for persons with disabilities and the Act seeks to fulfill India’s obligations under this International treaty...

Title Insurance in India: An Opportunity Awaits
Kochhar & Co. Advocates & Legal Consultants, September 2017

Under RERA, the promoter of a real estate project is obliged to obtain the requisite insurance policies required to secure the development of project and insurances as may be notified by the government. The lack of transparency and uniformity in the Indian real estate market has done little to entice insurance companies from tapping into lucrative land deals and developing insurance products for the real estate sector...

CCI Issues Guidelines on Competition Impact Assessment for Upcoming Legislations/ Bills
Kochhar & Co. Advocates & Legal Consultants, September 2015

Introduction The Competition Commission of India (‘CCI’), has recently issued the Competition Commission of India (Competition Assessment of Legislations and Bills) Guidelines, 2015 (‘Guidelines’)[1]. The Guidelines will come into effect on 1 January 2016. This article intends to provide a brief overview of the Guidelines, as proposed by the CCI...

Revision of the Merger Control Regulations Under the Indian Competition Act
Kochhar & Co. Advocates & Legal Consultants, July 2015

The Competition Commission of India (“CCI”) has revised the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations), making them more forward looking, in keeping with some of the best practices in other jurisdictions. The instant revision is the fourth instance in the four years since the introduction of the merger control regime in India...

The Curious Case of the Auto Part Decision v The Suzuki Motorcycle Decision: Why is CCI Muddying the Waters?
Kochhar & Co. Advocates & Legal Consultants, March 2015

On March 19, 2015, the competition regulator in India – the Competition Commission of India (“CCI”), passed an order rejecting charges that Suzuki Motorcycle India (“Suzuki”) had abused its dominant position in the market for manufacturing and sale of two-wheeler vehicles...

Competition Commission of India conducts India’s first dawn raid
Kochhar & Co. Advocates & Legal Consultants, September 2014

The Competition Commission of India (CCI) has conducted India’s first dawn raid. The CCI raided offices of UK-based construction equipment maker JCB, earlier today, in connection with a case of abuse of a dominant position. The Indian Competition Act (Act) accords power to the Director General (DG) to conduct such raids after obtaining a warrant from the chief metropolitan magistrate...

Merger Control Regulations Amended w.e.f March 28, 2014
Kochhar & Co. Advocates & Legal Consultants, March 2014

The Competition Commission of India ("CCI") has amended the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 (Combination Regulations). A notification in respect was issued by the CCI on March 28, 2014...

Climate Proofing Infrastructure Projects: A Need for Planning and Policy
Kochhar & Co. Advocates & Legal Consultants, November 2009

CLIMATE PROOFING INFRASTRUCTURE PROJECTS A need for planning and policy   INTRODUCTION                                                                 &nb

India, a Silver Lining Amidst Global Crisis
Kochhar & Co. Advocates & Legal Consultants, January 2009

Today when financial experts are busy in measuring the depth of present financial turmoil, layman is cursing Governments and experts are blaming sub-prime mortgage payment defaulters but no-body in the economic fraternity could appreciate that it was a policy failure. Moreover, no one in the financial world could imagine the enormous size of the trouble that lending on sub-prime would bring the world’s biggest financial catastrophe of the century...

The Reserve Bank of India Simplifies Procedures in respect of Transfer of Shares/ Convertible Debentures
Kochhar & Co. Advocates & Legal Consultants, November 2004

Kochhar & Co- India- The Reserve Bank of India Simplifies Procedures in respect of Transfer of Shares/ Convertible Debentures by way of sale by a resident to a non-resident Under Indian exchange control laws, the transfer of shares, by way of sale, by a resident to a non-resident (i.e...

 

 

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