On 1 January 2020, the Foreign Investment Law of the People’s Republic of China (“FIL“) came into force, and at the same time, the three-decades-old-plus Wholly Foreign-owned Enterprises Law of the People’s Republic of China (“WFOE Law” and its relevant regulations were simultaneously repealed. Read more…
In a significant change to the Foreign Direct Investment Policy 2017 (“FDI Policy”), the Department for Promotion of Industry and Internal Trade has issued Press Note No. 3 (2020 Series) dated April 17, 2020 (“Press Note 3”), wherein it has imposed certain restrictions for receiving FDI from neighbouring countries. According to the Press Note 3, any entity of a country which shares its land borders with India (i.e. China, Nepal, Bhutan, Bangladesh, Myanmar, Pakistan and Afghanistan) (“Specified Country”) or where the beneficial owner of any investment in India is based in such country or is citizen of such a country, will now require prior approval from the Government for its direct investment in India. Additionally, any transfer of ownership (whether existing or future) of an entity in India resulting in the beneficial ownership being situated in a Specified Country will also require prior Government approval. Changes proposed vide Press Note 3 will have statutory effect upon amendment of the Foreign Exchange Management (Non-Debt Instruments) Rules, 2019 (“NDI Rules”).
The Emergency Decree B.E. 2563 (A.D. 2020) on E-Meetings which came into force on April 19, 2020, replaces the former National Council for Peace and Order No. 74/2557 (A.D. 2014) (“NCPO”) and legalizes the prior e-meetings under the said former NPKO order, and the new ones of both the public and private sectors, excluding those of the parliament, the courts of justice and the government’s procurement offices.
Vide its circular dated March 30, 2020, the Ministry of Corporate Affairs (“MCA”) had introduced the Companies Fresh Start Scheme, 2020 (“CFS Scheme”) and amended the LLP Settlement Scheme, 2020 (“LLP Modified Scheme”) to allow defaulting companies and limited liability partnerships an opportunity to file belated documents, returns etc. without charging of additional fees with respect to the delay in filing and grant immunity from prosecution with respect to such delay. We had, in an earlier update, highlighted the key provisions of the CFS Scheme and the LLP Modified Scheme (available at https://www.mondaq.com/india/shareholders/918732/relaxation-schemes-for-companies-and-limited-liability-partnerships and https://lexcounsel.in/wp-content/uploads/2020/04/Newsletter-April-012020-.pdf).
The Securities Exchange Board of India (“SEBI”) vide notification number SEBI/LAD-NRO/GN/2020/09 dated April 07, 2020 amended the Securities and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2019 (“FPI Regulations”) and allowed foreign portfolio investors (“FPIs”) from countries other than Financial Action Task Force member countries, to be registered as category I FPIs if such countries are specified by the Central Government by an order or by way of an agreement or treaty with other sovereign Governments. The notification may be accessed here [Securities and Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2020].
An ordinance was promulgated on December 28, 2019 (“Ordinance”) making further amendment in the Insolvency and Bankruptcy Code, 2016 (“IBC) and the President of India accorded his assent to the Insolvency and Bankruptcy Code (Amendment) Act, 2020 (Amendment Act) inserting section 32 A which is now the fourth amendment to IBC.
The Amendment Act inter alia introduced Section 32 A to IBC which provides immunity to the corporate debtor and its assets if the resolution plan is approved and it results in change of the management of the corporate debtor from any prosecution, action, attachment, confiscation.
Delhi High Court: Party challenging an award under Section 34, Arbitration and Conciliation Act, 1996 or seeking a stay on award to deposit the entire sum awarded
Judgment: Power Mech Projects Limited Vs. SEPCO Electric Power Construction Corporation [O.M.P. (I) (COMM.) 523/2017],
Forum: Hon’ble High Court of Delhi (“Court”)
Judgment delivered on: February 17, 2020
Act/Law: Arbitration and Conciliation Act, 1996 (“Act”).
Llinks would like to share our views on the most recent hot topics and legal updates on the Anti-Corruption with “ Llinks Client Alert – Anti-Corruption (March 2020)” Read more…Read more…
On 17th March 2020, the Government has introduced the Companies (Amendment) Bill, 2020 (“Bill”) in the Lok Sabha to further amend Companies Act, 2013 (“Act”) proposing various changes pertaining to removing criminality from most of the offences under the Act and offering simpler penalty regime for businesses as well as paving way for direct overseas listing of Indian companies.
The key amendments introduced in the Bill, inter alia, are listed below: