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Showing posts with the label Legal Matters

Four Upcoming Labour Law Bills that Can Change India's Business Landscape

Article by Shivangi Tokas, Edited by Aditya Bhushan.

India Inc. is ready once again. While it had fallen from the grace of the fastest growing country in the world due to the dual effects of demonitisation and COVID-19, the country might have just escaped its worst economic downturn and now seems to be pushing up.

However while there still are problems, due to the US-China trade war, several manufacturing hubs seem to be leaving China and setting up business in India.

But why did businesses leave out India and turn to China in the first place?

Turns out the problem lay in the tax and labour laws of our country. And, while we made a significant improvement in the tax laws (related read: professional tax in India), we still have a very old set of labour laws that are pushing India's manufacturing businesses in a very hard path - a path which prevents them from effectively competing with foreign businesses.

But India has taken notice and has redrafted its compilation of 44 major laws…

Impact Of GDPR On Marketers in EU and Outside

Article by Laghima Jain, Edited by Chinmay Jain.
The General Data Protection Regulation (GDPR) of the European Union (EU) is a data governance law, providing the consumer’s control over their personal data.

GDPR, the core of Europe’s digital privacy laws, is designed to reflect the digital world in which we are living and helps the laws and policies revolving around the personal data, privacy, and consent across Europe keep pace with the internet-driven era.

It applies to the organisation operating within the EU and the organisation outside the EU dealing with the consumers and businesses in the EU.

This article will provide you a touch-up of everything you need to know relating to the impact of GDPR on marketers in European Union.

How to Effectively Protect Your Start-Up from Hackers and Other Online Adversaries

Article by Julie Hughes of TurnOnVPN.

Starting your own business can be exciting, but the road to becoming an entrepreneur is thickly sown with thorns. In the age of the internet, one of the biggest challenges start-ups face is cybersecurity.
And while cyberattacks targeting government agencies and big corporations garner the headlines, it’s the tech-driven start-ups and small businesses that are often far more vulnerable to digital intrusion.

Recent reports show that small businesses, including start-ups, are the target of 43 percent of cyber-attacks. The excitement around young, innovative companies creates a false sense of security leading to complacency towards cybersecurity.

Most start-ups don’t even start thinking about cybersecurity until they are targeted. In this article, we tell you why you should take your start-up’s cybersecurity seriously and some proactive steps you can take to mitigate the risks.
The Cost of a Data Breach For a large organization, a cyberattack is mostly…

Legal Troubles for Platform Business Models

Author Bio: Manan Daga is a law student at West Bengal National University of Juridical Sciences, one of the most premier law institutes in India. You can connect with him on LinkedIn.

Platform business models have become an integral part of start-ups, established businesses, and every other business line. They are growing all around us, from Facebook to Uber to even Tinder.

The convenience it offers in setting up the business has made it an attractive option for many young, and even many experienced entrepreneurs.

It becomes pertinent to delve into the legal aspect associated with such platform business models. In this paper, a brief introduction of the platform business model is given. Then, the legal troubles existing for these businesses are addressed.

However, there are many kinds of platform business models, and it can be challenging to address each one’s legal troubles. So, a general analysis is given to cover all the platform business models. Apart from this, a detailed analys…

Recent Trends in Mergers and Acquisitions in India

Article by Varsha Chamakura.

The concept of Mergers and Acquisitions (M&A) has attracted the corporate sphere all over the world. Mergers and acquisitions (M&A) activity in India is no different.

M&A culture in India increased over the years, after the removal of constrictive arrangements and liberalisation of the Indian economy.

M&As are strategic tools that are used for the development of the economy.

This is done by expanding to low cost markets or emerging markets, especially those which have a high number of skilled workers or by acquiring well established corporate entities.

M&A culture in India has been prevalent since 2015, and has only become grown in popularity over the years.

M&As is most common in the sectors of Energy, Mining and Utilities, followed by Telecommunication, Consumer Durables and Pharmaceuticals.
Related Read: An In-Depth Guide on Localisation of Your Business in the Indian MarketWhat is a merger? A merger is an agreement between two or m…

What constitutes Trademark Infringement in India: An In-depth Analysis

Article by Janhavi Dudam.

An owner of a trademark has the right either to use his trademark himself or assign it to others.

If the product and services used are identical or deceptively similar to which the mark is registered then it would constitute an infringement.

In the case of a registered trademark, the registered proprietor user may take action against the infringement.

But if a trademark is not registered, it is likely to maintain a common law remedy for passing off action.

Sec 29 of the Trademarks Act, 1999, provides that a registered trademark is infringed by an individual who, not being a registered owner or a registered user, uses a mark that is identical or deceptively similar to that of an equivalent product or services for which the mark is registered.

In this article, you will get to know when an act constitutes infringement of copyright, when it's teetering on the edge and when one's not infringing. So, let's get going!

All About Company Resolutions under Indian Law

Article by Vanshika Godara, Edited by Drishti Saigal

Since a company is an artificial person and given a legal persona, any decision which is to be taken by the company are in legal talk, known as a ‘Resolution’.

During the lifetime of your company, you need to hold some general or board meetings whenever an important decision is to be made by the members and directors.

In these instances, some procedures and rules are to be followed by the company to ensure that the execution of these formal meetings is complying with the Companies Act.

An example of a resolution could be a company’s board decision of reducing the wages for its executives as a result of an extended period of decreased profits, with the aim of minimizing the company's overall expenses.

A smaller scale business resolution would be a manager's decision to fire an employee because of his/her bad performance.

These are just examples and there are a lot of legal intricacies that are involved in passing resolutions by a c…

Corporate Social Responsibility in India

Article by Vanshika Godara, Edited by Drishti Saigal

Corporate Social Responsibility is not a brand new construct in India.

However, the Ministry of Corporate Affairs, Government of the Republic of India has recently notified the Section 135 of the Companies Act, 2013 beside corporations through the (Corporate Social Responsibility Policy) Rules, 2014.

"Hereinafter CSR Rules" and the alternative notifications connected to that, which makes it mandatory.
Sub Section (1) of Section 135 provides the base-line for companies to adhere to the provisions relevant to Corporate Social Responsibility.

According to Sub Section (1) of Section 135 -

Every company having net worth of rupees five hundred crore or more, or turnover of rupees one thousand crore or more or a net profit of rupees five crore or more during any financial year shall constitute a Corporate Social Responsibility Committee of the Board consisting of three or more directors, out of which at least one director shall be a…

Law relating to Audits of Private Companies in India

Article by Anant Pratap Singh Chauhan, Edited by Chinmay Jain.

Private Company is a type of company, wherein the company does not float shares in public for the purpose of amassing capital.

A private company has been defined under Section 2(68) of the Companies Act, 2013 as –

“private company means a company having a minimum paid-up share capital as may be prescribed, and which by its articles, —
restricts the right to transfer its shares; except in case of One Person Company, limits the number of its members to two hundred: Provided that where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this clause, be treated as a single member:
Provided further that—
persons who are in the employment of the company; and persons who, having been formerly in the employment of the company, were members of the company while in that employment and have continued to be members after the employment ceased, shall not be included in the number of members; a…