By Archana Balasubramanian Introduction The problem surfaces during legal due diligence for a follow-on transaction. A new lead investor issues a term sheet with conditions. The conditions require simplifying the cap table first. The GC pulls a three-year-old Shareholder Agreement. A minority investor holds a consent right over equity issuances. The company cannot take the... Continue Reading →
By Nitin Jain Section 105 of BNS renders every compliance manual immediately irrelevant. Device seizure signals a criminal investigation, not a regulatory inquiry. The Board's paperwork does not address the Investigating Officer's mandate. The compliance shield shatters at the moment of FIR registration. Criminal exposure for Directors ceased being theoretical after 2024. The shift in... Continue Reading →
By: Archana Balasubramanian Introduction A Change-in-Law clause is not a guarantee of compensation but is an evidentiary structure that fails the moment a company prioritizes financial certainty over contractual discipline. The Change-in-Law problem does not sit inside a legal debate about constitutional validity because the core struggle is not about whether a law is “fair,”... Continue Reading →
By: Archana Balasubramanian Companies building with artificial intelligence tools face a specific challenge during early-stage fundraising. Venture capital diligence now includes detailed review of AI and machine learning procurement contracts. The questions being asked have become quite specific: Who owns the IP when AI generates outputs? How is data processing handled under the Digital Personal... Continue Reading →
By: Nitin Jain Courts across India are increasingly directing family business disputes toward mediation before allowing litigations to proceed.This gradual shift reflects a sense of judicial pragmatism, acknowledging that family business conflicts often benefit more from structured settlements than from adversarial proceedings. For family-owned businesses seeking institutional investment, this trend creates a specific opportunity. The... Continue Reading →
Introduction: Need for streamlined MSME Insolvency Regime Origin of PPIRP Pre-Packaged Insolvency Resolution Process (PPIRP) symbolises a crucial and targeted legislative evolution within the Indian framework of Insolvency i.e. Insolvency and Bankruptcy Code (IBC), 2016. PPIRP has been formulated with purpose to address the financial challenges faced by MSMEs by implementing a streamlined, hybrid mechanism... Continue Reading →
