Author name: Akash Tiwari

Software Exports under FEMA: Demystifying SOFTEX Compliance, Non-STPI Registration and the Emerging Regulatory Framework

INTRODUCTION The rapid growth of India’s technology sector has transformed the manner in which software and IT-enabled services are exported. While business models have evolved from traditional software development to SaaS, cloud computing, managed services and AI-driven solutions, one aspect of the regulatory framework continues to generate considerable uncertainty i.e., the applicability of SOFTEX filing […]

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Amendments in Indian Stamp Act, 1899

Background The Indian Stamp Act 1899 was implemented by British Government to generate revenue for the Government. Stamp duty is a tax that is levied on single property purchases or documents (historically, this included the majority of legal documents such as cheques, receipts, military commissions, marriage licenses and land transactions.) A physical stamp (a revenue

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Amendment in the FDI rules to shield Indian Companies

Foreign Direct Investment (“FDI”) can be from Overseas Individuals, Foreign Companies or Foreign Institutional Investors under Automatic Route or Government Route. FDI is permitted in all sectors except for those contained in the prohibited list including atomic energy, betting and gambling, lottery business etc. FDI may or may not require prior regulatory approval depending on

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Spending of Corporate Social Responsibility (CSR) Funds for Covid-19

Introduction: Corporate Social Responsibility (CSR) is an important aspect of business. Corporate social responsibility (CSR) determines how companies manage their business processes to produce an overall positive impact on the society. Corporate Social Responsibility as per Section 135 of Companies Act, 2013 Applicability – Section 135 of the Companies Act, 2013 provides that it will apply to

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Related Party Transactions as per Companies Act, 2013

I  Background: With the growing participation of investors and other stakeholders in companies, the question of transparency in arrangements with related parties has often been a topic of much debate and discussion. To usher increased degree of transparency in such transactions, to determine the exact financial position of the entity, Section 188 was introduced in

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Consequences of non-compliance under FEMA Act, 1999

FEMA Act, 1999: The Foreign Exchange Management Act, 1999 (FEMA) is an Act of the Parliament of India “to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the orderly development and maintenance of foreign exchange market in India”. It was passed in the winter session of Parliament in

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Who can be a Partner/Designated Partner in a Limited Liability Partnership

Limited Liability Partnership- Background Limited Liability Partnership (LLP) entities are world wide recognized form of Business Organization. LLP’s in India are regulated by the Limited Liability Partnership Act, 2008 along with LLP Rules, 2009 as amended from time to time. LLP combines the advantages of both the Company and Partnership into a single form of

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Companies Fresh Start Scheme, 2020 (CFSS-2020)

The Ministry of Corporate Affairs (MCA), has introduced the “Companies Fresh Start Scheme, 2020 (CFSS-2020)” to provide an opportunity to Companies to make good any filing related defaults and make a fresh start as a fully compliant entity. COMPANIES FRESH START SCHEME, 2020 (CFSS-2020): The salient features of the scheme are as follows: Applicability This

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Conversion of an Unlisted Public Company into Limited Liability Partnership

Limited Liability Partnership is a unique form of a legally recognized corporate entity, a partnership in which all partners (depending on the jurisdiction) have limited liabilities. It, therefore, can exhibit elements of partnerships and corporations. In an LLP, each partner is not responsible or liable for another partner’s misconduct or negligence. It is more flexible

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