Under the current circumstances of employees temporarily working remotely from a different country other than their regular work location, a question arises as to whether an individual and the employer will be subjected to different social security obligations, where provision of services is provided remotely from home country.
Corporate Social Responsibility (“CSR”) was introduced under the Companies Act, 2013 to discharge social responsibility through innovative ideas and management skills.
One of the common defenses taken by a party, facing a claim in an arbitration is that the contract has already been discharged by performance, however, it is not uncommon for the claimant to dispute the discharge voucher signed by it and claim that it was executed under fraud, coercion or undue influence.
The first article in this issue of Corporate Amicus covers Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 which has been recently promulgated in order to prevent corporates from being forced into insolvency/liquidation, due to unprecedented situations arising out of COVID-19 pandemic.
COVID-19 crises has posed a challenge for execution of contracts. The article in this issue of Corporate Amicus hence does an in-depth analysis of electronic execution of contracts. It not only elaborately discusses the governing laws of contracts in India, i.e. Indian Contract Act, 1872, the Information Technology Act, 2000 and the Indian Evidence Act, 1860, but also touches upon many case law on the subject.
The lockdown throughout the country, as a preventive measure for containing the virus, has raised several questions on the business and employment front across sectors which now need to carefully review their existing employee protection and safety policies, strategies and procedures.
Reserve Bank of India in 2016 had issued a framework for imposing monetary penalties on Authorised Payment Systems Operators / banks under Payment and Settlement Systems Act, 2007. This Framework which provides a procedural guidance on levy of penalties and compounding under the PSS Act, has been recently updated by the RBI.
The article in this issue of Corporate Amicus discusses issues related to recently introduced system of Convertible Notes (C-notes). C-Notes have been defined as an instrument of debt, which can be converted to equity or redeemed. The author believes that C-notes are similar to optionally convertible debenture (OCD) and fall under its definition under Section 2(30) of the Companies Act, and hence their issuance should mandatorily comply with Section 71 of the Companies Act read with Rule 18 of t
The article in this 100th issue of L&S Corporate Amicus discusses at length the consequential effect of the implementation of Companies (Creation and Maintenance of databank of Independent Directors) Rules, 2019. As per the Rules, an online databank of persons eligible to be appointed as Independent Directors (ID) will be placed on the website of Indian Institute of Corporate Affairs and any ID whether already appointed or is proposed to be appointed must undergo the process of passing online pr
The article in this issue of Corporate Amicus explains the key features of the draft Consumer Protection (e-commerce) Rules 2019 proposed by Ministry of Consumer Affairs. The draft Rules, issued in the wake of the movement against deep discounts offered by e-commerce giants, propose to create liabilities on the e-commerce companies with respect to quality control of products offered, removal of counterfeits, and mandatory returns on non-match of products with their advertisements.