Business Law and Corporate Law

The regulatory answer is thorough scrutiny and identification of the red flags and potentials risks through the process of Due diligence. “Due diligence” the term elucidated by Hon’ble Supreme Court of India, in the matter of Chander Kanta Bansal V. Rajinder Singh Anand (2008) 5 SCC 117, as per Black’s law Dictionary (18th Edn)- “Due Diligence” means the diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation.’

The Delhi High Court's landmark judgment in Chitra Ramkrishna v. Union of India redefines the boundaries of criminal liability under India's Prevention of Corruption Act, extending anti-corruption provisions to private sector executives performing statutory functions. This decision establishes that the nature of duties performed, rather than corporate structure, determines whether senior management faces prosecution as "public servants" under anti-bribery laws.

The Hindu Undivided Family ("HUF") is one of the more structurally unusual entities in Indian law. Recognised as a separate taxable person under the Income Tax Act, 1961, it is managed by a Karta, and its assets are held for the benefit of all co-parceners and members of the family unit.

Pursuant to the consultation paper discussed in our March 2026 edition of Inter Alia (the writeup can be accessed here), SEBI on June 16, 2026, issued a Circular formalising the framework for winding up of AIFs and surrender of registrations.

The SC in Pila Pahan v. State of Jharkhand [1], inter alia, held that the judgments reserved before a High Court (‘HC’) must ordinarily be pronounced within three months from the date of the reserving such judgment.

The RBI, by way of a Circular dated June 5, 2026, has amended the regulatory framework governing investments by Foreign Portfolio Investors (‘FPIs’) in Government securities. With a view of providing greater ease of investment, the RBI has decided to withdraw the requirements for FPIs to comply with the short-term investment limit, security-wise limit, and concentration limit for their investments in Government securities under the General Route

The Ministry of Corporate Affairs has introduced the Companies Compliance Facilitation Scheme, 2026, offering Indian companies a limited-time opportunity to regularize pending statutory filings at significantly reduced fees. Will your company take advantage of this one-time compliance window before the August 2026 deadline, or risk facing full penalties and potential strike-off proceedings?

The Insolvency and Bankruptcy Code has witnessed extensive stakeholder participation and disputes over control of Corporate Debtors, particularly regarding Committee of Creditors membership and resolution plan submissions. This analysis examines how unscrupulous stakeholders exploit legislative gaps between Section 29A's ineligibility criteria and Section 30(5)'s voting provisions, allowing them to manipulate the insolvency resolution process through strategic debt acquisition and conflict-of-interest

On 30 June 2026, the Securities and Exchange Board of India (SEBI) issued a consultation paper (Consultation Paper) proposing significant reforms to the existing framework that governs investor consent mechanisms and conflicts of interest under the SEBI (Alternative Investment Funds) Regulations, 2012 (AIF Regulations). The proposed reforms seek to enhance governance standards by introducing a more uniform framework for obtaining investor consent and broadening the scope of conflict-related safeguards applicable to alternative investment funds (AIFs).

Our Partner, Probir Roy Chowdhury, alongside Kaushik Anand, Partner at A91 Partners, engages in an enlightening conversation.

The webinar “Investing in India – Public M&A” hosted by Khaitan & Co, has been designed to enhance the understanding of key issues relevant to existing and prospective foreign investors doing business in India. The session focuses on public mergers and acquisitions (M&A), specifically the processes involved in acquiring, merging with, or taking a controlling stake in an Indian listed company.

Compulsory convertible debenture (“CCDs”) occupies a unique and increasingly contentious space in corporate law and allied fields of practice. These instruments are structured to start as debentures as was fundamentally contemplated under in the language of Section 71 of the Companies Act 2013 (“Companies Act”) which treats Debentures as ‘debt’.