Legal Blogs by Argud Partners | Corporate Law Firm in Mumbai

Competition vs Sectoral Laws: Jurisdiction Clash in India In India’s regulatory environment, a persistent legal tension exists between the Competition Commission of India (CCI), the broad-based market regulator, and various sector-specific regulators (SRs). This friction arises from overlapping mandates to address anti-competitive practices, creating uncertainty for businesses, and raising complex

CAA Amendment 2025: Boosting SMEs, Startups & Corporates

Introduction: A Transformative Shift in Corporate Restructuring The Ministry of Corporate Affairs (MCA) notified the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2025 on September 4, 2025, marking a watershed legislative development in Indian corporate law. These amendments significantly liberalize the process of mergers, demergers, and arrangements under the Companies

IFSC’s Payment Regulatory Board What It Means for Banks, NBFCs, and Fintechs

IFSC Payment Regulatory Board: Impact on Banks, NBFCs & Fintechs

IFSC Payment Regulatory Board: Impact on Banks, NBFCs & Fintechs Legal Foundation of the International Financial Services Centres Authority’s Governance The establishment of the International Financial Services Centres Authority (Payments Regulatory Board) Regulations, 2025, represents a significant and decisive step in consolidating the governance of payment systems within India’s

Delhi HC on PMLA: Balancing Enforcement & Due Process

Delhi HC on PMLA: Balancing Enforcement & Due Process The Legal Challenge: PMLA Retention Provisions at the Forefront of Judicial Review The Prevention of Money Laundering Act, 2002 (PMLA), serves as a cornerstone of India’s legal framework against economic offenses, granting extensive powers to the Directorate of Enforcement (ED)

NCLT’s Jurisdiction on Fraud: Supreme Court Clarifies in 2025

Supreme Court Clarifies NCLT’s Jurisdiction on Fraud in Landmark 2025 Ruling The Definitive Ruling on Tribunal Jurisdiction The Supreme Court of India’s judgment in Mrs. Shailja Krishna v. Satori Global Limited, 2025 INSC 1065 marks a pivotal moment in the evolution of Indian corporate law. The ruling conclusively addresses

New RBI KYC Rules Explained: 2025 Amendments

RBI KYC (Amendment) Directions, 2025: A High-Level Legal Analysis The Evolving Legal Framework for KYC in India The legal and regulatory framework for Know Your Customer (KYC) in India is a dynamic system, continuously adapted by the Reserve Bank of India (RBI) to counter financial crimes and align with

Role of Debenture Trustees in India: Legal Analysis of SEBI Master Circular

The Fiduciary Mandate: The Role of Debenture Trustees in the Indian Corporate Debt Market A. Defining the Debenture Trustee: An Agent of Fiduciary Duty A debenture trustee is a legal and financial entity appointed by a company to protect the interests of its debenture holders. This appointment formalizes the trustee’s

Decoding the Companies (Accounts) Second Amendment Rules, 2025

Decoding the Companies (Accounts) Second Amendment Rules, 2025: A Legal and Compliance Analysis This article provides a definitive legal and compliance analysis of the Companies (Accounts) Second Amendment Rules, 2025. Notified by the Ministry of Corporate Affairs (MCA) on May 30, 2025, and effective from July 14, 2025, the amendments

The IBC (Amendment) Bill 2025: India’s New Rules

The Insolvency and Bankruptcy Code (Amendment) Bill 2025: India’s New Rules The Insolvency and Bankruptcy Code (Amendment) Bill, 2025, is a strategic legislative effort launched after three years of extensive consultation to address systemic challenges and align India’s insolvency framework with international standards. The bill expedites resolution timelines by strictly enforcing

Resolving Shareholder Deadlocks: Recent NCLT Rulings in India

Introduction Shareholder deadlocks pose a formidable challenge to corporate governance, particularly in companies with equal or closely held shareholding structures. When shareholders cannot agree on critical decisions, the resulting stalemate can paralyze operations, undermine investor confidence, and threaten the company’s long-term viability. In India, the National Company Law Tribunal (NCLT)

Cross-Border Arbitration in 2025: Adapting to India’s Changing Legal Environment

Drafting the Arbitration Clause in a Contract in Cross-Border Transactions Careful drafting of arbitration clauses in cross-border contracts is paramount under Indian law. Parties must explicitly define the seat of arbitration, the venue (if different for hearings), and the governing law of the contract to avoid jurisdictional ambiguities. Indian courts

Insolvency Meets Antitrust: Supreme Court’s Mandatory CCI Clearance for IBC Resolutions

Introduction The convergence of insolvency and competition laws in India has been thrust into the spotlight by a landmark Supreme Court ruling delivered on January 29, 2025, in the case of Independent Sugar Corporation Ltd. v. Girish Sriram Juneja, 2025 INSC 124. This decision, passed by a 2:1 majority, establishes

Ex-Ante Regulation of SSDEs Compliance Challenges Under India’s Digital Competition Bill

Ex-Ante Regulation of SSDEs: Navigating Compliance Challenges Under India’s Digital Competition Bill, 2024

Introduction India’s digital economy is experiencing a transformative surge, positioning the nation as a global leader in digital innovation and connectivity. With a population exceeding 1.4 billion, India boasts over 820 million internet users, making it one of the largest digital markets worldwide. This vast user base is driven by

1. Microfinance Borrowing Limits Preventing Over-Indebtedness

Microfinance Borrowing Limits in India: Preventing Over-Indebtednes

Introduction Microfinance has revolutionized financial inclusion in India, providing small, collateral-free loans to millions of low-income individuals who are excluded from traditional banking systems. These loans empower people to start small businesses, meet household needs, or invest in education, fostering economic growth and poverty alleviation. However, the rapid expansion of

The Impact of Scale-Based Regulations on Non-Banking Financial Companies (NBFCs) in India

Understanding Non-Banking Financial Companies (NBFCs) Non-Banking Financial Companies (NBFCs) in India are financial institutions registered under the Companies Act, 2013 (earlier under the Companies Act, 1956) that provide a range of financial services similar to banks but do not hold a banking license. The Reserve Bank of India (RBI) defines

Inverted Liability Structures: Mitigating Risks in SPAC-Driven Indian Reverse Mergers

Introduction The Indian capital markets are increasingly exploring alternative mechanisms for private companies to access public funding and liquidity beyond the conventional initial public offering (IPO) route. Among these, Special Purpose Acquisition Companies (SPACs) and reverse mergers have attracted attention due to their potential to expedite public listings and reduce

Blockchain Patents: Protecting Innovation in Decentralized Finance (DeFi)

Introduction to Decentralized Finance (DeFi) and Blockchain Patents What is Decentralized Finance (DeFi)? Decentralized Finance, commonly known as DeFi, represents a paradigm shift in the financial sector by utilizing blockchain technology to create an open, permissionless financial ecosystem. Unlike traditional financial systems that rely heavily on centralized intermediaries such as

Regulating Decentralized Exchanges (DEX): India’s Approach to Crypto Compliance

Introduction Decentralized exchanges (DEXs) have emerged as a transformative force in the cryptocurrency ecosystem. Unlike traditional centralized exchanges, DEX platforms enable users to trade digital assets directly with each other via blockchain smart contracts, without an intermediary institution holding custody of funds. By design, this decentralized crypto exchange model prioritizes

Digital Lending Platforms: Legal Risks Under RBI’s Revised Guidelines

RBI’s Revised Digital Lending Guidelines – Overview Applicability: Regulated Entities, NBFCs, and Lending Service Providers The Guidelines on Digital Lending, issued by the Reserve Bank of India (RBI) on September 2, 2022, under Section 35A of the Reserve Bank of India Act, 1934, regulate digital lending platforms in India.

Corporate Liquidation in India: Breaking Down the IBBI Amendments

Introduction to Corporate Liquidation in India What is Corporate Liquidation in Corporate Accounting? Corporate liquidation in accounting refers to the formal process of winding up a company’s affairs. This process involves converting the company’s assets into cash to settle outstanding liabilities and, ultimately, closing the company. In the context of

Impact of Supreme Court Decisions on Institutional Arbitration

Understanding Institutional Arbitration in India Definition and Key Features of Institutional Arbitration Institutional arbitration is a dispute resolution process administered and supervised by specialized arbitral institutions according to predefined arbitration rules. It involves comprehensive administrative support for the appointment of arbitrators, fixing arbitrators’ fees, managing procedural timelines, providing arbitration venues,

Regulatory Framework for Initial Public Offerings (IPOs) in India

What Is an Initial Public Offering (IPO)? Initial Public Offering Meaning Under Indian Law Under Indian legislation, an Initial Public Offering (IPO) signifies the process whereby a company issues its shares to the public for the first time. As per the Companies Act, 2013, specifically under Section 23, a public

Taxation on Digital Transactions & E-Commerce in India

Understanding the Impact of GST on India’s Digital Economy 1. Statutory Framework: Governing E-commerce Taxation in India The taxation of e-commerce transactions in India is governed by a multi-faceted statutory framework comprising direct and indirect tax laws. This framework ensures that e-commerce operators and participants comply with their tax obligations.

Transfer Pricing Regulations for Related-Party Transactions

Understanding Transfer Pricing in Related-Party Dynamics Transfer Pricing Regulations govern how multinational enterprises (MNEs) price transactions between related entities in different tax jurisdictions. These regulations aim to prevent tax avoidance by ensuring that profits are not artificially shifted to low-tax jurisdictions. This article provides a comprehensive analysis of transfer

Union Budget 2025-26 overview and legal perspective

Union Budget 2025 | Corporate Perspective and Overview

The Union Budget 2025-26, presented by the Finance Minister Nirmala Sitharaman, outlines the government’s financial plan for the upcoming fiscal year. This report aims to provide a detailed analysis of the budget from a corporate perspective, delving into its key proposals, implications for various sectors, and significant changes from the

Mastering Liquidated Damages: Essentials for Drafting and Enforcement

Liquidated damages clauses are a crucial component in contract law, providing a predetermined amount of money that one party must pay to the other if a breach occurs. Entering a contract involves various risks, including the possibility of breaches that can lead to financial losses. Determining the exact number of damages

Vertical and Horizontal Agreements in Indian Competition Law

Key Insights into Vertical and Horizontal Agreements The Competition Act, 2002 (“the Act”) forms the foundation of competition law in India, aiming to prevent practices that cause or are likely to cause an appreciable adverse effect on competition (AAEC) in India. The Act prohibits anti-competitive agreements, abuse of dominant positions

External Commercial Borrowings in India: A Comprehensive Legal Analysis

External Commercial Borrowings (ECBs) have become a crucial funding source for Indian businesses seeking to expand operations, invest in new projects, and manage their financial needs. This article provides a comprehensive legal analysis of the ECB framework in India under the jurisdiction of the Reserve Bank of India (RBI). It

SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015: An Analysis

The Securities and Exchange Board of India (SEBI) (Listing Obligations and Disclosure Requirements) Regulations, 2015 (hereinafter referred to as “LODR Regulations”) serve as a comprehensive legal framework governing listed entities in India. Enacted by SEBI, the regulatory body for the securities market in India, the LODR Regulations aim to promote

This is a blog cover for an article on information utility in insolvency and bankruptcy code

What is Information Utility Under IBC | Complete Guide

The Insolvency and Bankruptcy Code, 2016 (IBC) revolutionized India’s insolvency regime by introducing Information Utility (IUs). These entities play a crucial role in addressing information asymmetry, a major obstacle to efficient insolvency resolution. This comprehensive guide delves into the intricacies of information utilities under IBC, exploring their legal framework, operational

this is a blog post cover for an article on Jurisdiction in international law

Jurisdiction in International Law | Complete Guide

Understanding jurisdiction in international law is paramount for understanding the complexities of global legal interactions. This comprehensive guide delves into the core principles governing jurisdiction, its implications for India, and its practical application for general counsels, law students, and lawyers dealing with international legal issues. Introduction: The Foundation of International

Process of Allotment of Shares Under Company Law in India

Understanding Allotment of Shares and its Significance Understanding the process of allotment of shares under company law is fundamental to corporate finance and governance in India. Governed primarily by the Companies Act, 2013, this process is crucial for establishing a company’s capital structure and shareholder relationships. This article provides a

Statutes Affecting Jurisdiction of Courts in India

Understanding the statutes affecting the jurisdiction of courts in India is fundamental for legal practitioners, law students, and anyone exploring the complexities of the Indian legal system. Jurisdiction, the power of a court to hear and decide a case, is determined by a complex interplay of constitutional provisions and various

ESG Compliance in India: A Comprehensive Guide for Businesses

Introduction The significance of Environmental, Social, and Governance (ESG) compliance in India is rapidly increasing as businesses recognize the need for sustainable practices. ESG regulations serve as a framework for companies to adopt ethical and responsible behaviors that not only protect the environment but also enhance social welfare and corporate

Construction Contracts in India: A Comprehensive Guide

Introduction: The Importance of Robust Construction Contracts in India Construction projects in India, while offering significant opportunities, are complex undertakings. A robust contract serves as the project’s roadmap and rulebook, minimizing disputes and protecting the interests of all stakeholders. Without a clear, legally sound agreement, misunderstandings and disagreements are almost

Impact of New Labour Codes on Employers in India

Introduction India’s business landscape has been significantly reshaped by the introduction of four new labour codes: the Code on Wages, 2019; the Code on Social Security, 2020; the Occupational Safety, Health and Working Conditions Code, 2020; and the Industrial Relations Code, 2020. These codes, replacing approximately 29 existing statutes, aim

Commercial Dispute Resolution in India

Understanding Commercial Dispute Resolution in India and the Commercial Court System What is a Commercial Dispute Under Indian Law? Under the Commercial Courts Act, 2015, a commercial dispute is defined as a dispute arising from ordinary transactions of merchants, bankers, financiers, and traders. This includes disputes related to mercantile documents,