
An Unconventional SPAC Upswing
A. Introduction: An unconventional approach to raising capital absent the rigors of the traditional Initial Public Offering (“IPO”) is fast witnessing a global resurgence – through Special Purpose Acquisition Companies (“SPACs”). Amidst the Covid-19 pandemic, SPAC IPOs had a record year in the United States. As of March 2021, SPACs had already raised capital in
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Clean Slate Principle Re-Affirmed By The Hon’ble Supreme Court, ‘inter Alia’
A. Introduction: The Hon’ble Supreme Court (“SC”), in its recent landmark judgment of Ghanashyam Mishra & Sons Pvt Ltd vs. Edelweiss Asset Reconstruction Company Limited , has settled the legal position on various issues arising under the Insolvency and Bankruptcy Code, 2016 (“Code”). While the main issue arising out these matters is in relation to
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The Ancillary Business Conundrum
A. Introduction: As most are already aware, foreign direct invest (“FDI”) into certain sectors are regulated. Under the extant foreign direct investment policy of the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Government of India (“FDI Policy”) up to 100 % FDI into some sectors is permissible without any government approval
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Ministry Of Corporate Affairs Eases Deposit Rules – To Help Start-Ups Raise Further Capital
A. Introduction: Any money received by a company including start-ups from any person by way of deposit or loan or in any other form, is considered to be a ‘deposit’ under the Companies Act, 2013 (Act) subject to certain exceptions as set out in the Act read with the Companies (Acceptance of Deposits) Rules, 2014
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Applicability Of Limitation Act, 1963 Over Insolvency Proceedings Under The Insolvency And Bankruptcy Code, 2016
A. Introduction: Babulal VardharjiGurjar Vs. Veer GurjarAluminium Industries Private Limited &Anr. [Judgment dated August 14, 2020 in Civil Appeal No. 6347 of 2019] The application of the law of limitation on insolvency proceedings was clarified by the legislature by insertion of Section 238A and subsequent judgment of the Supreme Court in the case B.K. Educational
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