Employee Stock Options (ESOP): FAQ Series (III)
Welcome to the 3rd part of our FAQ Series on ESOP. In this Series III, we are discussing the key terms like Grant, Vesting and Exercise which often are puzzling for Entrepreneurs as well as employees. We have also touched upon the procedural requirement for implementing any ESOP Plan. The key queries address in this part are: · What is Grant, Vesting and Exercise […]
Employee Stock Options (ESOP): FAQ Series (IV)
Welcome to the final (IVth) part of our FAQ Series on ESOP. In this part, we are discussing the queries on the tax liability and who is liable, what is Stock Appreciation Rights and aspects regarding exit due to employee resignation or merger / acquisition of the Company. The key queries addressed are: · Is there any […]
Default in Settlement Agreement & Restoration of CIRP
Settlement Default and Restoration of CIRP Section 12A of the Insolvency & Bankruptcy Code, 2016 provides for the withdrawal of Corporate Insolvency Resolution Process (CIRP) with permission of the Adjudicating Authority i.e., National Company Law Tribunal (NCLT). Applicant can apply for such permission shall be through the interim resolution professional or the resolution professional (IRP)[1]. Any application […]
Proposed changes in CIRP: Discussion Paper by IBBI
Insolvency and Bankruptcy Board of India (IBBI) has recently (June 27, 2022) published a ‘Discussion Paper’ inviting comments on the proposed changes in the Corporate Insolvency Resolution Process (CIRP). The proposed changes are aimed to reduce delays and improve the resolution value of the Corporate Debtor (CD). We list some of the key changes proposed […]
Recent amendment by MCA: a) Dematerialisation of Shares of Private Companies b) Disclosure of Beneficial Interest in LLPs
The MCA has recently implemented significant changes to improve transparency in how private companies handle securities and enhance supervision of LLPs and their partners. These changes aim to provide clarity and oversight in these areas. Enclosed is an update prepared for the recent changes introduced with respect to a) dematerialization of shares of Private Limited Companies […]
Comments on Draft IT Rules, 2021
The Ministry of Electronics and Information Technology (MEITY) via a Press Note dated June 6, 2022 published the proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”) and sought public comments/feedback. The Press Note also indicates the broad principles which are aimed: a) to make internet […]
Arbitration Proceedings: Inclusion of Third Parties
Arbitration is one of the alternate ways to resolve a dispute and is often a standard clause in any commercial agreements. Such arbitration clauses or the agreement is governed by the Arbitration and the Conciliation Act, 1996 (The Act). The Act prescribes for arbitration agreements to be in writing and signed by the parties. [i]An arbitration […]
SEBI’s Consultation Paper: 5 proposals aimed to strengthen the Governance Mechanism of AIF’s
#SEBI has recently published a Consultation Paper to strengthen the governance mechanism of alternative investment funds (#AIFs). The Consultation Paper is seeking stakeholder comments on 5 key changes proposed: 1. Guidelines for borrowing by Category I and II AIFs.: The paper discusses the existing restrictions on borrowing by Category I and II AIFs, stating that […]