Global Capacity Centres (GCCs) take centre stage in fuelling global growth

Emergence and Transformative Evolution of GCCs in India

Global Capability Centres (“GCCs”) started as offshore global in-house centres (“GICs”) in the Indian  banking industry to help cut costs and provide operational support to the service offerings of a foreign entity (“Foreign Entity”). India has gained credence as a favourable destination because of its skilled human resources (wide talent pool) and competent operational costs. As of FY 2022–23, India’s approximately 1,580 GCCs have 1.66 million employees,[1] and this number is rapidly increasing.Continue Reading Global Capability Centres (GCCs) take centre stage in fuelling global growth

NFRA Circular on Fraud Reporting and India Inc.’s Dilemma

Context:

In recent years, India has witnessed a slew of accounting frauds, especially in the booming start-up ecosystem. Even established players have not been able to escape the ‘fraud virus’, thereby tarnishing reputations built over centuries. Over the years, businesses in various key sectors of the Indian economy have been rife with corporate governance issues, as is evident from recent reports of alleged violations of accounting norms, overstatement of revenues and underreporting of expenses[1], delayed filing of documents for foreign direct investment received[2], as well as adoption of fraudulent practices for ever-greening of NPAs[3]. Despite the commendable work done by regulators in tightening various statutory provisions, corporate fraud seems to continue to plague India Inc.Continue Reading NFRA Circular on Fraud Reporting and India Inc.’s Dilemma

The year 2023 saw 85 public takeovers implemented through the tender offer route under the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (Takeover Regulations). The number of takeovers were only slightly below the number of takeovers in CY22 (93 in all). The aggregate transaction size (i.e. the aggregate size of the negotiated deal and tender offer) of takeovers announced in CY23 was ₹274.27 billion, 77% lower than that of the takeovers announced in CY22, which was ₹1,180 billion. Primarily, the deal activity in CY23 was driven by domestic acquirers. Foreigners executed only three deals in this space (including only one deal by a PE player), which was substantially lower than CY22 (being 11 ).Continue Reading Public Takeovers in India: Flashback 2023

The lack of a fixed time limit for adjudication of applications for proper stamp duty under the provisions of the Indian Stamp Act, 1899 (“Act”) often results in inordinate delays in stamping of instruments. In a judgment that will exponentially expedite the process of adjudication, the Delhi High Court (“Delhi HC”) has now opined that the Collector of Stamps shall communicate to the parties the proper stamp duty within 30 days of the date of the application.Continue Reading Application for Payment of Stamp Duty must be Adjudicated within 30 Days: Delhi High Court

Municipal Corporation cannot cancel Occupation Certificate for developer’s failure to obtain NOC from land-owning authority

In the matter of M/s. Satra Plaza Premises Co-operative Society Limited (“Petitioner”) vs. Navi Mumbai Municipal Corporation and Ors[1]., a Division Bench of the Hon’ble Bombay High Court (“BHC”) has, inter alia, held that incorporation of a condition in the Occupancy Certificate (“OC”) by the Navi Mumbai Municipal Corporation (“NMMC”) to obtain a no-objection certificate (“NOC”) from the City and Industrial Development Corporation (“CIDCO”) was illegal and without any authority of law. Further, it quashed and set aside the order of the Municipal Commissioner cancelling the OC and the revised Commencement Certificate (“CC”) due to non-obtainment of NOC from CIDCO.Continue Reading Municipal Corporation cannot cancel Occupation Certificate for developer’s failure to obtain NOC from land-owning authority

Disenfranchising Majority Shareholders

Context

Even after the ‘right to property’ was abolished as a fundamental right by the 44th Amendment to our Constitution[1], it has continued as a ‘constitutional right’ by virtue of Article 300-A, which provides that – “No person shall be deprived of his property save by authority of law”.Continue Reading Disenfranchising Majority Shareholders – Is it Constitutionally Valid?

Online Reviews

The world today thrives on online purchases[1] and recommendations. Most of us have relied upon or submitted online reviews for a product we have purchased, food we have consumed or even a service we have availed at some point or the other. From a service provider or seller’s perspective, there are several monetary incentives attached to such online reviews and ratings. Service sectors that get the most online reviews are food delivery services, restaurants, hotels, home cleaning or repair works and the likes. In case of products, there aren’t many that are indifferent to online reviews.Continue Reading Are Online Reviews Regulated – The Indian Narrative

WOS Exemption

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Ever since the stock market scam of 2001 (Ketan Parekh Scam) was brought to light, regulators have been vigilant about the use of complex corporate structures to circumvent statutory restrictions and divert company funds. After the magnitude of financial irregularities in the Ketan Parekh Scam came to light, the Joint Parliamentary Committee (“JPC”) and the erstwhile Department of Company Affairs (“DCA”) proposed steps to prevent  companies from using the ‘subsidiary route’ to siphon off funds, by providing inter-corporate loans.[1]Continue Reading The Layering Restrictions & WOS exemption – Need for Regulatory clarity

Insolvency and Bankruptcy Code

Recently, the Supreme Court, in the case of Gaurav Agarwal vs CA Devang P. Sampat, has issued notice to the parties for adjudicating the crucial question of law pertaining to the ‘Period of Limitation’ for preferring an appeal under Section 61 of Insolvency and Bankruptcy Code, 2016 (“the Code”).Continue Reading Limitation under Section 61 of Insolvency and Bankruptcy Code: Too Strict Interpretation of the Law?

Real Estate

Introduction:

The interplay between writ jurisdiction of high courts and private contracts involving the State or the instrumentalities of the State becomes complex when a party to the contract seeks a contractual relief from the high courts by way of a writ petition. The nuances are further enhanced based on the specific facts and circumstances of the case, the nature of parties involved, the nature of rights and obligations involved, and so on.Continue Reading Can Article 226 be Invoked to Amend Terms of a Lease Deed? SC Says No!