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CAM Corporate Team

The CAM Corporate Team can be reached at cam.mumbai@cyrilshroff.com

Extra-territorial application of India’s securities law – Has SEBI cast its net too wide?

“If a connection exists, it is for the Legislature to decide how far it should go in the exercise of its powers.[1]”

Introduction

The territorial application of laws made by Parliament is enshrined in Article 245 of the Constitution of India (“Constitution”). The universal presumption that laws made by a country are limited to its own territorial borders, is provided under Article 245(1) of the Constitution, which provides that “Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India.” However, Article 245(2) of the Constitution carves out a specific exception providing that a law made by Parliament, pursuant to Article 245(1), shall not be invalidated on the ground that such a law would have extra-territorial operation. Most countries have enacted extra-territorial laws with the US being the clear leader in this regard having enacted anti-corruption law, securities laws etc. which have extra-territorial application.Continue Reading Extra-territorial application of India’s securities law – Has SEBI cast its net too wide?

IS THE AUDIT PROFESSION AT CROSS-ROADS

Introduction

Recent amendments to the statutory framework under the Companies Act, 2013 (“the Act”), have cast focus on the ever-expanding statutory duties of the auditors of a company. The purpose of an audit is to enhance the degree of confidence of users of the financial statements. In this regard, Section 129 of the Act provides that the financial statements prepared by a company should comply with three prime conditions:
Continue Reading Gatekeepers of Governance – The Statutory Auditor

How Much is Too Much - Supreme Court on Scope of Examination of Arbitration Agreement at Pre-Arbitral Stage

When faced with a suit or proceeding in any court or tribunal when there is an arbitration clause in the agreement, Section 8 of the Arbitration and Conciliation Act, 1996 (“Act”), empowers a judicial authority to refer parties to arbitration, thereby honouring the parties’ (pre-dispute) bargain. The Law Commission of India, in its 246th report, recommended amendments to Sections 8 and 11(6A)[1] of the Arbitration Act, with the intent to restrict the scope of judicial intervention at the pre-arbitral stage only to prima facie determine whether an arbitration agreement exists, thereby making it imperative for such judicial authority to refer the parties to arbitration, leaving the final determination of the existence and validity of an arbitration agreement to the arbitral tribunal under Section 16.
Continue Reading How Much is Too Much? Supreme Court on Scope of Examination of Arbitration Agreement at Pre-Arbitral Stage

It’s settled Tenants are entitled to owners’ parking spaces

Often when units are given on leave and license basis to tenants, Co-operative Housing Society’s (CHS) prior approval is obtained, or intimation is provided, whichever is prevalent as per the bye-laws of the CHS. CHS’s however refrain from letting owners give their tenants a right to park in the car parking space appurtenant to such unit, to enable the CHS to rotate the car parking slots among its members only.
Continue Reading It’s settled: Tenants are entitled to owners’ parking spaces

Development Manager as ‘Promoter’ under RERA regime - Deconstructing MahaRERA’s order in Shapoorjee Pallonji’s Case

1. INTRODUCTION

The Development Management Model (“Model”) has risen exponentially to meet the pace of growth and ensure expansion of real estate projects. The Model typically involves a Development Management Agreement (“DMA”) between a promoter and a development manager, wherein the latter is appointed for project execution, designing, marketing and sales of a project in consideration of a share of the revenue/profit or management fees.
Continue Reading Development Manager as ‘Promoter’ under RERA regime: Deconstructing MahaRERA’s order in Shapoorjee Pallonji’s Case

Indian EdTech beyond the first phase - A booster shot for long term growth

Part one of this blog-series[1] discussed how factors like Covid-19 pandemic and introduction of the National Education Policy 2020 (“NEP”) enabled expansion of the educational technology (“EdTech”) sector and how it has grown by leaps and bounds in less than a year. Considering the demographics of our country and the deep-rooted conventional educational culture, this blog seeks to look at the key challenges and opportunities for the EdTech sector.
Continue Reading Indian EdTech beyond the first phase: A booster shot for long term growth

A transition away from LIBOR – What it means for ECB lending in India

LIBOR may be the most popular acronym in the international financial markets, and rightfully so. It has for decades been the benchmark rate adopted worldwide for financial transactions ranging from loans, bonds and derivatives. Often touted as the ‘world’s most important number[1], it first made its appearance in 1969 and has since then established itself as the go to reference rate for all things money.
Continue Reading A transition away from LIBOR – What it means for ECB lending in India

New disclosure obligation in Financial Statements for companies holding cryptocurrencies - Are Regulators testing waters?

Context

India is witnessing a rapid increase in the number of crypto exchanges as well as cryptocurrency transactions. As per publicly available data, the average daily cryptocurrency trading volumes across the top Indian exchanges have grown nearly 500% from March 2020 to December 2020. Globally, countries such as Switzerland, Singapore and the US have been pro-active in undertaking cryptocurrency transactions, and simultaneously creating a robust regulatory framework for the same. In fact, investors from these countries have also been investing in Indian cryptocurrency exchanges.
Continue Reading New disclosure obligation in Financial Statements for companies holding cryptocurrencies – Are Regulators testing waters?

Indian Edtech in 2020: The Effective First Shot

The outbreak of Covid-19 brought an unprecedented opportunity for the educational technology (“EdTech”) sector in India. The traditional face-to-face interaction between a teacher and students suffered a setback and almost instantaneously, there was a paradigm shift to the unconventional mode of online learning. This change brought the spotlight on EdTech industry following which it received the requisite financial and policy impetus to thrive through the financial year (FY) 2020-2021. A massive inflow of investments, acquisitions and emergence of new start-ups in the previous fiscal bear testimony to EdTech sector’s meteoric growth.
Continue Reading Indian Edtech in 2020: The Effective First Shot

FIG Papers No. 6 - Series–2 RBI Payment Regulations – 2009 to 2021 - Bank ‘nodals’ to PA PG licenses Blog

Introduction:

In our previous FIG Paper, we shared key learnings from our experience in connection with the payment aggregator and payment gateway guidelines (“PA/PG Guidelines”) issued by the Reserve Bank of India (“RBI”) on March 17, 2020. Based on representations received from various industry associations and payment intermediaries, the RBI has formalised the clarifications (initially issued on September 17, 2020) relating to the PA/PG Guidelines on March 31, 2021 (“Clarifications”).
Continue Reading FIG Papers (No. 6: Series–2) RBI Payment Regulations – 2009 to 2021: Bank ‘nodals’ to PA/PG licenses!