VIDEO ADVISE
Benefit to Unit Investor via REIT's & InvIT's
Direct investment in Real Estate is a large scale activity. It not only involves great-expense and high-financial-risk but it is also imperative for the Unit Investors to get the fundamentally right property, which is a mammoth task in-itself. More-so, owning a property also involves a lot of other expenses, such as maintenance, property taxes, legal charges, management fee, common area maintenance, liasoning fee, etc. which becomes the sole and absolute responsibility of the individual property Owner.
Operating & Functioning of REIT's & InvIT's
Hindu Undivided Family (HUF) is a unique form of business entity prevalent only in India, influenced and dictated by the Hindu Law, though there not being any specific Law, Rule, or Act governing the working and functioning of an HUF.
Understanding Benefits of REIT's & InvIT's
INDIA being a developing country, investment in any field would ultimately lead to the development of the National Economy, as a whole. Two newly emerging entities provide such investment opportunities i.e. the ‘Real Estate Investment Trust’ [REIT] and the ‘Infrastructure Investment Trust’ [InvIT].
Decoding Concept of ESOP's
Employee Stock Options is a legal mechanism through which the employees of a Company are given rights to acquire the Equity Shares of the Company, for which they are working. It is generally implemented by way of adopting a Comprehensive Scheme or a Plan, known as an ‘Employee Stock Option Scheme’ [ESOS] or an ‘Employee Stock Option Plan’ [ESOP].
Admissibility of Unstamped Instruments as Evidence Email
Under the Maharashtra Stamp Act, 1958 the term ‘instrument’ includes every document by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded, but does not include a bill of exchange, cheque, promissory note, bill of lading, letter of credit, policy of insurance, transfer of share, debenture, proxy and receipt.
Infringement of IP Over an Email
Intellectual Property [IP] is a holistic concept which includes the artistic creations and inventions done by the human mind and intellect. Being valuable assets, such properties are guarded with several stringent laws, contravention of which is meted with punitive reliefs. E-Mails also attract protection under the doctrine of ‘Trade Secrets’, ‘Data Protection’, ‘Publicity Rights’ and ‘Tort-of-misuse of Confidential Information’, which we will be talking about in detail in the weeks to come.
Purchase of Agricultural Land
The Maharashtra Tenancy and Agricultural Lands Act, 1948 [‘Said Act’] [as amended in 2016] under Section 63-1A now permits the purchase of agricultural land [no limit on holding/ area to be purchased] by any non-agriculturist, without the permission of the Collector, for bona fide industrial use.
The subject land needs to be in an agricultural zone of a draft or final Regional Plan or final Town Planning Scheme prepared under the Maharashtra Town Planning Act, 1966 [or] any area wherein industrial use is permitted [or] the area taken over by a private developer for development of an Integrated Township Project.
Understanding HUF (Hindu Undivided Family)
Hindu Undivided Family (HUF) is a unique form of business entity prevalent only in India, influenced and dictated by the Hindu Law, though there not being any specific Law, Rule, or Act governing the working and functioning of an HUF.
Understanding Surrogacy in India
From India being popularly known as a Surrogacy Center in 2002, to the passing of the Surrogacy (Regulation) Bill, 2020, it has been a tough ride for sure. Though there have been numerous reported incidents of unethical practices surrounding surrogacy, which include abandonment of children born out of surrogacy, exploitation of Surrogate Mothers, or import of human embryos and gametes, on the flip side, many Childless Couples have benefited from Surrogacy Facilities in India, in-spite of not having a concrete Legal Framework but mere guidelines, that too vague!
Understanding Anti-Dilution Protection
Before biting a pie of equity ownership, in any Portfolio Company, a Venture Capital (or) a Private Equity Investor, surely reassures, reconfirms and over-negotiates on one simple sticky point, the Anti-Dilution Right (or) Valuation Protection Right.
A Brief Roadmap on Voluntary Liquidation
The first step towards a Voluntary Liquidation is a ‘Declaration of Solvency’ to be made by the Board of Directors, stating the Company has not committed any default on any of its debts and that the purpose of Voluntary Liquidation is not to defraud anyone. It needs to be accompanied by documentary evidence.
Dissimilar Profit & Loss
Current accounting practices do provide for accounting of separate ‘business activities’ or ‘cost centres’ of a Company for the purpose of understanding the working results and profitability of each such ‘business activity’ or ‘cost centre’ BUT for the purpose of calculating dividends to all the Shareholders, the Companies Act, 2013, satisfactorily clarifies that “Profits of an entire Company can only be calculated, subject to adjusting, deducting or setting-off losses of all ‘business activities’ or ‘cost centres’ within such a Company”.
Understanding GDPR in India
We talk about the most reckoned term ‘GDPR’ which means the ‘General Data Protection Regulation’, one of the most wide-ranging pieces of legislation passed by the European Union in recent times. It was introduced to standardise data protection laws across the EU and give people, in a growing digital economy, greater control on how their personal information could be used.
Understanding 'Convertible Notes'
‘Convertible Note’ is where an investor loans money to a Start-up as its first round of funding, a prime reason for it to be known as seed funding and rather than getting their money back with interest, the investor opts to receive shares, upon closure of the first round of financing, knows as a “Series A” round, where the debt i.e. the ‘Convertible Note’ auto-typically converts into shares.
Amendments in Labour Laws
The Central Government with a view to facilitate ease of doing business, generate more employment and safeguarding interest of workers and employers, has taken various legislative, administrative and e-governance initiatives relating to Labour Laws in India. One such initiative is simplifying, amalgamating and rationalizing the relevant provisions of the existing Central Labour Laws in merely Four (4) Labour Codes.
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