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The Ministry of Corporate Affairs (India) vide notifications dated 07 Match 2024 has revised the merger control thresholds for transactions which require CCI approval. The government has also increased the threshold for seeking target based exemption from merger filings before CCI. Our legal update gives an overview of the revised thresholds under the Competition Act, 2002. Abdullah Hussain, Kunal Mehra, Kanika Chaudhary Nayar, and Abhishek Singh Baghel #legalupdate #law #competitionlaw #competition #legal #superlawyers #knowledgesharing #knowledgemanagement #india #competitionanalysis #dsklegal DSK Legal

Business Starters' Legal Kit article series continues with the Part 3: Choosing the Right Business Structure: Limited Liability Company vs. Joint Stock Company in Turkiye Selecting the appropriate legal structure is a crucial decision for businesses launching in Türkiye. This article explores the two most common options: Limited Liability Companies (LLCs) and Joint Stock Companies (JSCs). Understanding the key distinctions between these structures empowers you to make an informed choice aligned with your business goals. Written by Abdulkadir Argıllı Please click the link below: https://lnkd.in/d54H6_Bs #compliance #preventivelaw #law #ottolaw #ottohukuk

Can you invoke arbitration through courts if there is already a proceeding in process at the NCLT ? The answer to this point lies in the fact whether the proceedings relate to the rights of a private individual or that it affects third party rights also. The question remains on identifying/ understanding when such an insolvency proceeding in rem is said to have commenced to result in it being non-arbitrable under the Arbitration Act. The Hon’ble Supreme Court was seized with this very issue in the recent case of Indus Biotech Pvt. Ltd. vs. Kotak India Venture (Offshore) Fund (earlier known as Kotak India Venture Ltd.) & Ors wherein an SLP was filed against the decision of NCLT which allowed arbitration to be initiated despite the NCLT proceedings being filed prior to an application for arbitration. Supreme Court observed that the NCLT’s consideration of the Section 8 Application as the lead application and dismissal of the Insolvency Application as a corollary to it, can be construed in reverse here considering the facts and situations and the express determination of no ‘default’ on the part of Indus Biotech. Accordingly, the SLP challenging the NCLT Judgment was dismissed and the Arbitration Petition for appointment of arbitrators was allowed.

Regulatory Compliances leads to Good Corporate Governance. Below article from ET proves Listed Entities spent considerable amount for Compliance related Deals and Disputes. "The cost of non-compliance has gone up significantly and hence most companies are trying to spend on compliance and other regulatory, which generally goes in the bucket of 'legal spend' for several listed companies," said Nishith Dhruva, managing partner of law firm MDP & Legal. "It's a sign of a maturing market and one may see this cost going up continuously." #RegulatoryCompliance #Mergers #legaldisputes #listedentities #LODR

In a significant development, the Ministry Of Corporate Affairs has notified the amended merger control provisions of the 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗔𝗰𝘁, 𝟮𝟬𝟬𝟮 (“CA 2002”), introduced by the 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 (𝗔𝗺𝗲𝗻𝗱𝗺𝗲𝗻𝘁) 𝗔𝗰𝘁, 𝟮𝟬𝟮𝟯 as well as the accompanying Rules and Regulations. These provisions are effective from 10 September 2024. A snapshot of significant changes introduced can be found below in the attached document. Abdullah Hussain, Kunal Mehra, Kanika Chaudhary Nayar, and Abhishek Singh Baghel #CorporateLaw #CompetitionAct #MergerControl #LegalUpdate #CorporateAffairs #CompetitionLaw #LegalRegulations #MergersAndAcquisitions #LawReforms #BusinessLaw #Compliance #IndiaLaw #LegalNews #CompetitionAmendmentAct #LegalUpdate #Law #India #cci #dsklegal

CRITICAL UPDATE- Effective 10 September 2024, all transactions (acquisitions, mergers, and amalgamations) which were exempted from notification to the CCI for its approval, and are yet to be fully consummated before 10 September 2024, will need to be re-evaluated to assess the requirement to notify the CCI. If such transactions require notification upon such re-assessment, the approval of the CCI would have to be sought before closing such transactions. Our team at DSK Legal has prepared a brief update on the changes in the Indian merger control regime effective 10 September, 2024. #competitionlaw #mergers #India

In case partnership (partners jointly) wants to subscribe the shares while incorporation in subscription clause of name &pan number details designated partner pan number partnership firm pan number pls suggest compliances are to be complied

🔒 Safeguard your M&A transactions with a solid Non-Disclosure Agreement! At Catalyst Legal Services, we ensure your sensitive information stays protected throughout the process. Trust our expertise to maintain confidentiality and secure your business interests. https://bit.ly/3Y1iq8f #MergersAndAcquisitions #NDA #CatalystLegalServices #GeneralCounsel #OutsourcedBusinessLegal #OutsourcedLegalCounsel #OutsourcedLegalSupport #LegalSupport #OutsourcedLegal