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Increasing the role and relevance of ‘Proxy Advisory Firms’ in corporate governance

Until very recently, the recommendations of proxy advisory firms did not impact companies much, as it did not have the power to influence or fail/ stop a resolution from being passed. However now, the recommendations of proxy advisory firms are becoming increasingly relevant given that many institutional investors are basing their positions while voting on resolutions on such advice. This is evidenced from the fact that a proxy advisory firms have recently managed to prevent a resolution for granting employee stock options to employees of a group entity of a very large Indian bank from being passed due to the absence of “any compelling reasons”.[1] In another interesting case, a proxy advisory firm came very close to preventing a resolution pertaining to an increase in the remuneration of a director from being passed on account of this increase being “skewed” and “guaranteed”.[2]

Continue Reading Impact of Proxy Advisory Firms: Turning tides and failing resolutions
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FIG Paper - Navigating SEBI’s Definition of UPSI

Introduction:

The objective of the PIT Regulations is to prohibit insiders with access to Unpublished Price Sensitive Information (“UPSI”) from making illicit gains and to ensure timely, adequate and even disclosure of UPSI to the public. Hence, the determination of what constitutes as UPSI becomes necessary. In this regard, the Securities and Exchange Board of India (“SEBI”) has signalled a shift from a principle-based regime to a more prescriptive regime, which is likely to result in increased compliance obligations for the listed companies.

Continue Reading FIG Paper (No. 26 – Series. 3): Navigating SEBI’s Definition of UPSI
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The Ministry of Corporate Affairs (“MCA”) issued a notification on October 03, 2023 under Section 14(3)(a) of the Insolvency and Bankruptcy Code, 2016 (“IBC”), exempting the applicability of moratorium under Section 14(1) of the IBC to transactions, arrangements or agreements under the Cape Town Convention on International Interests in Mobile Equipment (“Convention”) and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (“Protocol”) (the “Notification”).

Continue Reading Sky is the Actual Limit for IBC? – Exemption from Moratorium over Aircraft Objects during Insolvency
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India's New Data Protection Law: How Does it Differ from GDPR and What Does that Mean for International Businesses?

On August 11, 2023, India’s long-awaited general personal data protection legislation, the Digital Personal Data Protection Act, 2023 (“DPDPA”) was finally enacted.

Governing the world’s fifth largest economy and one of its fastest growing digital markets, the DPDPA will be of importance to a large number of international businesses that operate in India, rely on Indian service providers/group service companies for their operations, or are looking to enter Indian markets.

Continue Reading India’s New Data Protection Law: How Does it Differ from GDPR and What Does that Mean for International Businesses?
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Evaluating principles in use of trademark as keyword and intermediary liability

Introduction

The division bench of the Hon’ble Delhi High Court recently agreed with the findings of the single judge of the Hon’ble Delhi High Court in Google LLC Vs. DRS Logistics and held that Google cannot escape liability in case of trademark infringement by an AdWord, by claiming benefit of safe harbour provisions under the Information Technology Act, 2000.

Continue Reading Evaluating principles in use of trademark as keyword and intermediary liability
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FIG Paper (No. 25 – Series 2): Shedding Light on Dark Patterns in FinTech: Impact of DPDP Act

Introduction:

The new draft guidelines titled ‘Guidelines for Prevention and Regulation of Dark Patterns, 2023’[1] (“Draft Dark Pattern Guidelines”), released by the Department of Consumer Affairs in September 2023, define dark patterns as “any practices or deceptive design patterns using UI/UX (user interface/user experience) interactions on any platform; designed to mislead or trick users to do something they originally did not intend or want to do; by subverting or impairing the consumer autonomy, decision making or choice; amounting to misleading advertisement or unfair trade practice or violation of consumer rights”.

Continue Reading FIG Paper (No. 25 – Series 2): Shedding Light on Dark Patterns in FinTech: Impact of DPDP Act
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Fair lending practices on levy of penal charges

The Reserve Bank of India (“RBI”) recently issued instructions on practices to be adopted for charging penal interest/ charges on loans, vide its notification dated August 18, 2023, titled ‘Fair Lending Practice – Penal Charges in Loan Accounts’ (“Circular”).

Continue Reading Fair lending practices on levy of penal charges
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End of the Party for Sin (Fin) Fluencers? SEBI’s Regulatory Crackdown on Finfluencers

Introduction

Social media platforms have become an essential communication tool in the post pandemic world. The advent of the COVID-19 pandemic led to a sustained rise of retail investors on the D-Street, in an eager attempt to profit from the great COVID bull run. Ever more, retail investors are looking at influencers on social media platforms for financial advice instead of approaching registered advisors (without evaluating the life alerting consequences it may have).

Continue Reading End of the Party for Sin (Fin) Fluencers? SEBI’s Regulatory Crackdown on Finfluencers
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Rajasthan passes Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023

Introduction

The Government of Rajasthan, on July 24, 2023, passed the Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023 (“Act”). With this initiative, Rajasthan has become the first state in India to pass a legislation, which regulates the engagement of gig workers and aims to provide social security and other benefits to platform-based gig workers.

While at the Central level, the Code on Social Security, 2022 (“SS Code”), recognises gig and platform workers (essentially those workers who work on online aggregator platforms) as a separate class of workers and seeks to extend a variety of benefits to them, the same is yet to be brought in force.

Continue Reading Rajasthan passes Rajasthan Platform Based Gig Workers (Registration and Welfare) Act, 2023
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FIG Paper (No. 24 – Series 1): 
New Data Law – Financial Services Implications

(Indian) Digital Personal Data Protection Act, 2023 (“DPDP Act”) received Presidential assent on August 11, 2023, and is awaiting notification by the Indian Government, which is expected soon. This FIG Paper examines: (i) the existing data protection/ privacy framework for the Indian financial services space; (ii) overlays DPDP Act considerations; and (iii) preferred approach to “gap” analysis, basis global learnings.

Continue Reading <em>FIG Paper (No. 24 – Series 1): New Data Law – Financial Services Implications</em>