Category: Commercial Laws

Legal Landmines in International Distribution: Key Considerations to Navigate and Negotiate?

In a globalized economy, distribution agreements are the backbone of international trade, facilitating the seamless delivery of goods and services across borders. These agreements are pivotal across a spectrum of industries, each with unique challenges and priorities. In the ecommerce industry, agreements are crafted to protect brand exclusivity while ensuring timely market access. Pharmaceuticals demand... Continue Reading →

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Navigating Overlaps: IT Law Compliance and Safe Harbour for Hosting Platforms

Overview of Due Diligence Framework for Intermediaries In the rapidly evolving digital landscape, intermediaries such as social media platforms, e-commerce sites, and internet service providers play a pivotal role in enabling communication, commerce, and content sharing. However, with this role comes the challenge of regulating and managing vast amounts of user-generated content while ensuring compliance... Continue Reading →

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Significant Beneficial Owner

INTRODUCTION The recent LinkedIn India case has brought Significant Beneficial Ownership (“SBO”) rules under the spotlight. The concept of SBO was introduced in India with the Companies Act 2013 (“the Act”), to promote corporate transparency and uncover ultimate beneficiaries with significant control over companies. Under the Act, there is a requirement for the identification of... Continue Reading →

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Addressing Wage Arrears & Severance Pay During Employee Insolvency 

This article has been authored by Nitin Jain, Partner, Agama Law Associates. Employee insolvency introduces a web of complications for workers, businesses, and associated legal professionals. The unfortunate reality of unpaid wages, lost severance, and disrupted benefits leaves employees in a precarious situation. This article navigates the complex landscape of employee rights during insolvency, offering... Continue Reading →

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Navigating Scrutiny: Liability Concerns for Independent Directors in Company Insolvencies

This article has been authored by Nitin Jain, Partner, Agama Law Associates. The role of an independent director is a prestigious one, but it carries significant responsibilities and attracts increasing scrutiny, especially in the financially difficult context of company insolvencies. Independent directors are expected to provide impartial guidance, safeguarding the interests of stakeholders. However, as... Continue Reading →

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India’s New Data Protection Law: Simply Put

PART III This blog post is a continuation of  Part I and Part II for India's new Data Protection Law: Simply Put. The first part refers to the concept and Data Fiduciaries. This second part deals with the rights, duties & exemptions of data principal, advisory on processing of children's data and cross border transfer.... Continue Reading →

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