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  • 11Oct
    2017

    India Business Bulletin(September 2017)

    Ministry of Corporate Affairs has notified the Companies (Restriction on number of layers) Rules, 2017 (“Rules”) on September 20, 2017, according to which a company can have only two layers of subsidiaries under the Indian Company law. Download the PDF file .

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  • 07Oct
    2017

    White Collar Journal (October 2017)

    India’s capital market regulator, the Securities and Exchange Board of India (“SEBI”) has cracked down heavily on shell companies whose securities are publically traded in Indian stock exchanges. In August 2017, SEBI issued a notice to three key stock exchanges in India– Mumbai Stock Exchange, National Stock Exchange and Metropolitan Stock Exchange of India (“Exchanges”),...

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  • 06Oct
    2017

    India-Labour & Employment Alert (September 2017)

    Government is planning to allot Unique Identification Number to labourers from both organized and unorganized sector as part of labour reforms. Download the PDF file .

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  • 08Sep
    2017

    India Business Bulletin (August 2017)

    The New Policy provides for the formation of a Committee under the Chairmanship of Secretary, DIPP, with representatives from NITI Aayog, concerned Administrative Ministry and independent technical expert(s) on the subject who would examine the claim of applicants on the issue of the products being in the nature of ‘state-of-art’ and ‘cutting-edge’ technology, where local...

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  • 07Sep
    2017

    India-Labour & Employment Alert (August 2017)

    The Government introduced the Code of Wages Bill 2017 in Lok Sabha to consolidate and amend the laws relating to wages and bonus. The bill seeks to amalgamate four laws — Payment of Wages Act 1936, Minimum Wages Act 1948, Payment of Bonus Act 1965 and Equal Remuneration Act 1976. The bill also seeks to...

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  • 05Aug
    2017

    White Collar Journal (August 2017)

    The Central Bureau of Investigation (“CBI”) has arrested the promoters of Simplex Infrastructure Private Limited (a company belonging to Abhijeet Group) and a former Deputy General Manager of Canara Bank in a bank loan fraud case of INR 2.9 billion (approx. US $ 44.61 million). Download the PDF file .

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  • 05Aug
    2017

    India Business Bulletin (July 2017)

    The Lok Sabha recently passed a bill to amend the provisions of the Companies Act (“Bill”), seeking to strengthen corporate governance standards, initiate strict action against defaulting companies and help improve ease of doing business in the country. Download the PDF file .

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  • 04Aug
    2017

    India-Labour & Employment Alert (July 2017)

    The EPFO has a launched a campaign called “Employees Retention and Aadhar Campaign 2017”. The campaign will be conducted up to 30th September 2017 with the aim to reduce the premature closure of provident fund accounts and to retain the subscriber with EPFO. Download the PDF file .

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  • 11Jul
    2017

    Frequently Asked Question – Patent

    1) WHAT IS THE PATENTABILITY CRITERIA? In order to get a patent granted for an invention (whether process or product), it needs to meet the following patentability criteria in India: Novelty (New/Novel) An invention is considered novel or new, if it has not been anticipated in India or elsewhere in the world by publication in...

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  • 11Jul
    2017

    India-Labour & Employment Alert (June 2017)

    The Government has issued draft rules for public comments framed under the Maternity Benefits (Mines and Circus) Rules, 1963 as per the Maternity Benefit Act, 1961, which provides that every establishment having fifty or more employees shall have the facility of crèche within a distance of five hundred meters from the main entrance of the...

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  • 10Jul
    2017

    India Business Bulletin (June 2017)

    SEBI has proposed that the government tighten the rules relating to the removal of independent directors from companies. The capital market regulator has proposed that boards should be allowed to remove independent directors only through a special resolution as opposed to an ordinary resolution. Passing of special resolutions. Download the PDF file .

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  • 07Jun
    2017

    White Collar Journal (June 2017)

    The initial phase of Operation Clean Money involved a massive drive against undisclosed money. Through this effort, the Government of India identified around 1.8 million persons and legal entities who deposited amounts of INR 500,000 (approx. US $ 7700) or more in the period between November 9, 2016 and December 30, 2016 and whose income...

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  • 06Jun
    2017

    India Business Bulletin (May 2017)

    The Reserve Bank of India (“RBI”) recently put forward a draft of the Foreign Exchange Management (Cross Border Merger) Regulations, 2017 (“Draft Guidelines”), seeking comments from interested stakeholders. Download the PDF file .

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  • 05Jun
    2017

    India-Labour & Employment Alert (May 2017)

    The Ministry of Labour & Employment had issued clarifications that the enhanced maternity benefit, as modified by the Maternity Benefit (Amendment) bill, 2016 can be extended to women who are already under maternity leave at the time of enforcement of this Amendment Act. Download the PDF file .

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  • 09May
    2017

    Global Investigations Review- The Practitioner’s Guide to Global Investigations 2017

    Following the successful launch of The Practitioner’s Guide to Global Investigations,developments in the field show no signs of abating. In this Spring Update to the text, the editorial team have approached the panel of expert authors to bring readers up to date with significant changes around the world. Download the PDF file .

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  • 08May
    2017

    India Business Bulletin (April 2017)

    At present, India’s FDI Policy allows foreign investors, barring overseas airlines, to own up to 100 per cent stake in local carriers. However, foreign airlines are allowed to invest only up to 49 per cent in Indian carriers. The Government is now working on appropriate policies” which would allow 100 per cent ownership of Indian...

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  • 08May
    2017

    India-Labour & Employment Alert (April 2017)

    The Amendment Act has been notified on 1 April 2017 except provision relating to crèche facility which will come into force on 1 July 2017. Following clarifications have been provided by Ministry of Labour and Employment. Download the PDF file .

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  • 13Apr
    2017

    India Business Bulletin (March 2017)

    In order to consolidate the changes made by Department of Policy and Promotion (“DIPP”) by way of press notes relating to foreign exchange laws governing Limited Liability Partnerships (“LLPs”), RBI has notified the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Second Amendment) Regulations, 2017. Download the PDF file...

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  • 07Apr
    2017

    India-Labour & Employment Alert (March 2017)

    The Parliament of India recently passed the Employee’s Compensation (Amendment) Bill 2017 (“Bill”). The Bill has increased the penalty amounts for contravention of the Employees Compensation Act 1923, from INR 5,000 up to INR 100,000. Download the PDF file .

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  • 01Apr
    2017

    White Collar Journal (April 2017)

    The Indian Government has launched a massive drive against undisclosed money. Through this, it has identified around 1.8 million persons and legal entities who deposited amounts of INR 500 thousand (US $ 7,700) or more in the period between November 9, 2016 and December 30, 2016 and whose income profiles did not match the amounts...

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  • 07Mar
    2017

    India Business Bulletin (February 2017)

    The Reserve Bank of India is expected to formulate standard operating procedures for approval of FDI proposals by Ministries, following the Government’s decision to phase out FIPB. As per discussions being held by inter-ministerial committee, once the FIPB is abolished, the onus of approving FDI proposals would be on the ministries and regulatory authorities concerned....

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  • 04Mar
    2017

    The Practitioner’s Guide to Global Investigations- India Chapter

    Over the past decade, the number and profile of multi-agency, multi-jurisdictional regulatory and criminal investigations have risen exponentially. Naturally, this global phenomenon exposes corporations and their employees to greater risk of potentially hostile encounters with foreign law enforcement authorities and regulators than ever before. Download the PDF file .

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  • 03Mar
    2017

    India-Labour & Employment Alert (February 2017)

    The Parliament of India passed the Payment of Wages (Amendment) Bill 2017. Although, the Central Government notified it on 16 February 2017, the same is effective from 28 December 2016. The bill enables industrial or other units to pay wages to workers only through cheques or by wire transfer into the bank accounts of workers....

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  • 09Feb
    2017

    India Business Bulletin (January 2017)

    The Government on January 9, 2017 issued a statement that online sale of medicines is permitted under the Drugs and Cosmetics Act, 1940 and that the Health Ministry would come out shortly with a clarification which will put to rest issues between chemists and e-pharmacies. In the past, brick and mortar pharmacies had raised objections against e-pharmacies,...

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  • 03Feb
    2017

    India-Labour & Employment Alert (January 2017)

    The Employees’ State Insurance Corporation issued a Circular No. X-14/11/1/2015-P&D, dated 27 December 2016 t amending Rule 50 of the ESI Rules. As a result, the wage limit for the coverage of an employee under Section 2 (9) (b) of the Employees’ State Insurance Act has been increased to twenty one thousand rupees a month...

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  • 02Feb
    2017

    White Collar Journal (February 2017)

    On November 8, 2016, the Indian Government announced the demonetization of high denomination currency notes of INR 500 and INR 1000 (“Specified Bank Notes”). The move indicated a resolve to combat the hoarding of black money (and unaccounted money) as well as counterfeit currency, but its implementation was affected by the illegal exchange of the...

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  • 27Jan
    2017

    Global Investigations Review- Internal Investigations (India) 2017

    This chapter aims to provide a basic overview of the process of conducting internal investigations in India. It also aims to throw some light on the aspect of privileged communications with attorneys during the investigation process, the remedial steps usually opted for by companies after completion of an investigation, and the issue of disclosure requirements...

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  • 27Jan
    2017

    Global Investigations Review- Internal Investigations (India) 2016

    Internal investigations into corporate compliance issues have become commonplace for global companies with a presence in India. Such internal investigations usually follow complaints pertaining to accounting irregularities, improper payments or benefits to customers or government employees, allegations of bribery of public officials in order to conduct or enhance business, employee misconduct or any activity in...

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  • 06Jan
    2017

    India Business Bulletin (December 2016)

    RBI has relaxed its norms pertaining to additional factor of authentication (‘AFA’) for payments up to INR 2,000 online, in order to speed up small value online transactions. As per the new model, the card issuing banks will offer the “payment authentication solutions” of the respec-tive card networks to their customers on an optional basis.;...

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  • 06Jan
    2017

    India-Labour & Employment Alert (December 2016)

    The Government of India issued Payment of Wages (Amendment) Ordinance, 2016 (“PoWB”). The PoWB allows certain business and in- dustrial establishments to pay salaries to their employees either through cheque or electronic means. PoWB aims to address complaints of non -payment or less payment of wages to workers/employees by their respective employers.; Download the PDF...

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  • 20Dec
    2016

    Franchising In India

    There is no single comprehensive legislation that specifically deals with franchising in India. Hence, there exists no exhaustive definition of the term under Indian law. However, “franchise” is defined under the (Indian) Finance Act, 1999 as an agreement by which the franchisee is granted repres entational rights to sell or manufacture goods or to provide...

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  • 08Dec
    2016

    India-Labour & Employment Alert (October/November 2016)

    Union Cabinet rejected a proposal to bring all companies with 10 or more workers with the ambit of the Employees’ Provident Fund Organization. The rejection was due to worries that it could adversely affect micro, small & medium enterprises.; Download the PDF file .

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  • 07Dec
    2016

    White Collar Journal (December 2016)

    In a move to curb widespread accumulation of unaccounted wealth and circulation of fake Indian currency, the Government abruptly cancelled the legal tender of high denomination currency notes of INR 500 (approx. US $ 7.7) and INR 1000 (approx. US $ 15.4) issued by the Reserve Bank of India (“RBI”) and in circulation in the...

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