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  • Commercial Law
27 Feb 2018

Consumer Standard Form Contracts in India: A Proposal

Robert A. Hillman

India has experienced a dramatic increase in consumer Internet shopping due to its convenience and the myriad choices of the Internet. Further, India enjoys a rapidly developing economy, rising...

OBLB categories

  • Commercial Law
  • Financial Regulation
01 Feb 2018

Anticipating the Function and Impact of India's New Personal Insolvency and Bankruptcy Regime

Adam Feibelman

In May of 2016, India adopted a regime for personal insolvencies and bankruptcies as part of a comprehensive Insolvency and Bankruptcy Code. The Code's provisions for commercial debtors have been in...

OBLB categories

  • Corporate Finance
  • Financial Regulation
18 Jan 2018
5 min to read

Side-pocketing: A plausible liquidity management tool for the Indian mutual fund industry

Param Pandya

An illiquid asset may lead to reduced returns and increased redemptions in a money-market mutual fund, where one of the major risks is the inability of the issuer of an instrument (commercial papers...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • Corporate Governance
  • M&A
17 Jan 2018

The Relevance of Authorised Share Capital in Indian Corporate Law

Sanjana Ramkumar

A company’s authorised share capital is the total amount of capital that the company is allowed to issue or allot. In India, the Companies Act, 2013 (the “Act”) provides a statutory definition of...

OBLB categories

  • Corporate Governance
12 Jan 2018

Stock Market Reactions to India’s 2016 Demonetization: Implications for Tax Evasion, Corruption, and Financial Constraints

Dhammika Dharmapala | Vikramaditya Khanna

On November 8, 2016, the Indian government made a surprise announcement that certain currency notes (representing 86% of the currency then in circulation) would no longer be legal tender (although...

OBLB categories

  • Corporate Finance
15 Dec 2017

Promoter buy-back in insolvency: ‘Phoenixing' in India

Pratik Datta | Suharsh Sinha

Should the promoter (owner) of an insolvent company be allowed to buy back its assets or business through another company at a steep discount? This question has been at the heart of contemporary...

OBLB categories

  • Financial Regulation
21 Aug 2017

Cyber Insecurity: Regulating the Indian Financial Sector

Tarun Krishnakumar

In recent times, cybersecurity has been among the foremost of issues that global financial regulators have sought to address. In attempting to do so, several distinct approaches have emerged. These...
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OBLB categories

  • Corporate Governance
01 May 2017

Do Board Interlocks Increase Innovation? Evidence from a Corporate Governance Reform in India

Christian Helmers, Leavey School of Business, Santa Clara University | Manasa Patnam | Raghavendra Rau

Directors often sit on the boards of different companies at the same time. These interlocking boards are a common feature of the corporate landscape around the world. When directors serve on multiple...

OBLB categories

  • Corporate Governance
02 Mar 2017

Captured Boards and Fractured Governance in a World of Cronyism: The Case of India

Bala Balasubramanian

In a recent paper, I examine the largely emasculated role of corporate boards of directors in effectively discharging their fiduciary obligations of promoting and protecting the interests especially...

OBLB categories

  • Corporate Governance
21 Nov 2016

The Impact of Mandated Corporate Social Responsibility: Evidence from India’s Companies Act of 2013

Dhammika Dharmapala | Vikramaditya Khanna

A vast literature on firms’ Corporate Social Responsibility (CSR) activity has emerged in recent years across a number of scholarly disciplines, including law, economics, management, accounting, and...

OBLB categories

  • Financial Regulation
10 Oct 2016

ICYMI: Indian Draft Financial Resolution and Deposit Insurance Bill (2016)

Shohini Shengupta | Joyjayanti Chatterjee

The first draft of the Financial Resolution and Deposit Insurance Bill (2016) ('Bill') was released by the Ministry of Finance of the Indian Government on 28th September, 2016. Along with the draft...

OBLB categories

  • Commercial Law
  • Corporate Governance
28 Aug 2016
2 min to read

Directors’ Duties and Stakeholder Interests: Comparing India and the United Kingdom

Mihir Naniwadekar | Umakanth Varottil

An existential (but problematic) question in company law relates to the very purpose for which companies are incorporated and managed. Are companies to be run solely for the purpose of maximizing the...

OBLB categories

  • Financial Regulation
31 Jul 2016

Regulating Equity Crowdfunding in India

Arjya Majumdar | Umakanth Varottil

In the wake of financing shortages resulting from the global financial crisis in 2008, crowdfunding emerged as an alternative capital raising mechanism, particularly for start-up companies. As an...

OBLB categories

  • Financial Regulation
03 Jun 2016

RBI’s Consultation Paper on P2P Lending - A Case of Unmindful Contradictions

Kanad Bagchi | Jitendra Soni

At a time when India is coming to grips with a Fintech revolution characterized by sprawling innovations and a new breed of ever-enthusiastic entrepreneurs, one would expect the regulatory response...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • M&A
01 May 2016

Due Diligence in Acquisition Transactions and Insider Trading Concerns

Umakanth Varottil

Due diligence is a quintessential step in a share acquisition transaction. It is the process by which the acquirer conducts a detailed inquiry into the affairs of the target before it decides whether...

OBLB categories

  • Commercial Law
14 Apr 2016

Judicial Delays in India and Turning Tides – The Significance of the Commercial Courts Act to India’s Dispute Resolution Mechanism

Umakanth Varottil | Sriram Chakravarthi

The robustness of a country’s judicial system is a crucial determinant of its ability to attract foreign investment. Inefficiencies would lead to ‘exported litigation’ whereby, in order to resolve...

OBLB categories

  • Commercial Law
  • Corporate Governance
17 Mar 2016

Takeover Regulation in India

Umakanth Varottil

A fundamental role of takeover regulation is to promote and maintain a vibrant market for corporate control. This concept is apposite in corporate structures with dispersed shareholding where it can...

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