Mondaq Asia Pacific: Corporate/Commercial Law
Swaab Attorneys
A provision in a contract, that seeks to impose a penalty on a contracting party in breach, is not enforceable.
Bryks Lawyers
The article considers how to mitigate risk by indemnity clauses and the importance of drafting good indemnity clauses.
Mayer Brown JSM
Under the Hong Kong Codes on Takeovers and Mergers and Share Buy-backs (Takeovers Code), once an announcement is made of a proposed or possible offer...
Mayer Brown JSM
A recent disciplinary proceeding brought by the Securities and Futures Commission (SFC) of Hong Kong against the investment manager (the Manager) of an SFC authorised exchange traded fund (ETF) highlights the importance of ensuring that interest received on a deposit made by, or on behalf, of an SFC authorised fund with a connected person matches prevailing commercial rates for a deposit of that size and term.
Singh & Associates
Restriction may be imposed only for a specified period of time not exceeding 10 working days in any 90 day period.
Singh & Associates
The amendment inserts a new regulation 35B after regulation 35A of the Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996.
Vaish Associates Advocates
A clarification has been inserted which states that an internal auditor can either be an individual, a partnership firm or a body corporate.
Singh & Associates
The Act defines an unpaid seller as one who has not been paid the full price of the goods sold or who has received a bill of exchange or other negotiable instrument as conditional payment...
Singh & Associates
The NCLT has been constituted by the Central Government i.e. MCA under the powers conferred by section 408 and 410 of the Companies Act, 2013.
The RBI's recent guidelines for on-tap licensing of new private sector banks is a key reform with the RBI moving away from its policy of allowing applications for licenses only during a specific period...
Khaitan & Co
Pursuant to the circular issued by the MCA on 3 August 2016, Indian companies issuing Rupee denominated bonds overseas under the RBI's policy on external commercial borrowings will not be required to comply with the public issue and private placement disclosure and listing norms.
Khaitan & Co
The Act, primarily enacted to establish a mechanism for enquiry into allegations of corruption against public functionaries, also seeks to regulate private entities.
LexCounsel Law Offices
Deferment of payments in share purchase transactions between non-resident buyers and resident sellers till recently required prior approval of the Reserve Bank of India.
Nishith Desai Associates
It is almost universally accepted that valuation is an art and not a science and the value determined by one expert can vary significantly from that of the other expert especially for large and complex M&A transactions...
Singhania & Partners LLP, Solicitors and Advocates
The vehicle of CSR has been driven into CA13 in order to bridge the gap of inequality and fulfil various social obligations that require certain amount of capital and other resources.
Khaitan & Co
On 19 July 2016, the Ministry of Corporate Affairs notified the Companies (Share Capital and Debentures) Third Amendment Rules 2016 to amend certain provisions of the Companies (Share Capital and Debentures) Rules 2014.
Nishith Desai Associates
The Respondent, a company incorporated in Singapore, was the parent of Esys Information Technology ("Esys India") registered under the Companies Act, 1956, having its registered office at Chandigarh.
GRATA Law Firm
In our view, corporate tax practice in Kazakhstan has not significantly changed in the last year.
GRATA Law Firm
On 11 August 2016, the Federal Antimonopoly Service of the Russian Federation (FAS Russia) imposed an administrative fine on Google Inc. in the amount of 438,067,400 roubles (6,760,299 US dollars...
BMF Partners Law Firm LLP
Only constant and practical enhancement of the legislation and its rigorous observance will thwart raiding.
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S.S. Rana & Co. Advocates
The constitution of the aforesaid Tribunals is in exercise of the powers conferred by Sections 408 and 410 respectively of the new Companies Act, 2013.
S.C. Vasudeva & Co.
The Companies Act, 2013 has defined internal control in two places. One definition is given under Section 134(5) (e). Another definition is given in Section 134(10) by way of inclusion of Standard on Auditing.
Clayton Utz
A recent NSW decision has implications for liquidators of trustee companies dealing with trust funds and priority debts.
Factum Legal Advocates & Solicitors
The Companies Act 2013 brings a lot of new features, compliances, disclosures for foreign companies operating in India in any mode.
Singh & Associates
Section 232 of the Indian Contract Act, 1872 ("Act"), enumerates of three issues, i.e. consideration for the agreement, the object of the agreement and the agreement per se.
PSA Legal Counsellors
The Ministry of Corporate Affairs notified secretarial standard 2 ("SS-2") on April 23, 2015 which came into effect from July 1, 2015.
Norton Rose Fulbright Australia
The law's focus on vicarious corporate liability needs to be more in balance with individual responsibility.
Singhania & Partners LLP, Solicitors and Advocates
The vehicle of CSR has been driven into CA13 in order to bridge the gap of inequality and fulfil various social obligations that require certain amount of capital and other resources.
A Real Estate Investment Trust ("REIT") is a trust that uses pooled capital of investors to purchase and manage income property ("Equity REIT") and/or mortgage loans ("Mortgage REIT").
Plagued, as it is, by indirect tax disputes and ambiguities, the implementation of GST is expected to usher in a uniform tax regime and bring some clarity to indirect taxation in the e-commerce sector.
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