Corp Legex

Reverse Flips: A Strategic Approach in Cross Border Mergers and Amalgamations

May 14, 2025

Reverse Flips: A Strategic Approach in Cross Border Mergers and Amalgamations

This article has been authored by Afnaan Siddiqui (Co-founder and Partner) and Visakha Raghuram (Associate).  UNDERSTANDING THE REVERSE FLIP: Of late, a significant trend has emerged within the Indian corporate landscape: the “Reverse Flip.” India’s burgeoning startup ecosystem has become a fertile ground for innovation and growth, attracting companies to relocate their headquarters back to Indian soil. There […]

March 22, 2025

Capital Loss due to Cancellation of Equity Shares in a Subsidiary Company: Admissibility under Income Tax Act, 1961

The Article has been drafted by Suman Kumar Jha (Founder & Managing Partner), Afnaan Siddiqui (Co-Founder & Partner), Visakha Raghuram (Associate) and Akshita Varshney. Case Background & Facts: The Supreme Court (“SC”), on 02.01.2025, ruled in the case of Principal Commissioner of Income Tax-4 & Anr. v/s M/s Jupiter Capital Pvt. Ltd. (Appeal No. 63 of 2025),  that capital loss of equity shares held in a subsidiary […]

March 21, 2025

Assessing the Appropriate Forum for Initiating Insolvency Resolution Proceedings Against Personal Guarantors in the case of Anita Goyal & Ayush Goyal v. Vistra ITCL (India) Ltd. and Anr.  : DRT or NCLT?

The Article has been drafted by Suman Kumar Jha (Founder & Managing Partner), Afnaan Siddiqui (Co-Founder & Partner), Visakha Raghuram (Associate) and Vaibhav Khurana (Associate). The case involves two appeals filed by personal guarantors of the corporate debtor, Nivaya ASL Pvt. Ltd. These appeals arose from impugned orders passed by the Hon’ble National Company Law Tribunal, Principal Bench (“NCLT’) whereby Resolution Professional […]

March 21, 2025

Delhi High Court upholds Constitutionality of Section 132 and NFRA Rules but Flags Procedural Lapses by NFRA

The Article has been drafted by Suman Kumar Jha (Founder & Managing Partner), Afnaan Siddiqui (Co-Founder & Partner), Visakha Raghuram (Associate) and Ankit Abhishek Jha. The Delhi High Court in its recent judgement, in the matter of Deloitte Haskins & Sells LLP vs. Union of India & Anr, W.P.(C) 1065/2021  dated 7th February upheld the validity of Section 132(4) […]

March 21, 2025

Pre-Packaged Insolvency vs. CIRP  Priority and Dissenting Creditor Rights

The Article has been drafted by Suman Kumar Jha (Founder & Managing Partner), Afnaan Siddiqui (Co-Founder & Partner), Visakha Raghuram (Associate) and Vaibhav Khurana (Associate) The Corporate Debtor (CD) had defaulted on loans availed from a Consortium of Lenders, including State Bank of India (SBI), IDBI Bank, and Bank of Baroda. SBI and IDBI Bank had approved a One-Time Settlement (OTS), while […]

March 21, 2025

IBBI Introduces Key Amendments to Enhance Liquidation Processes and Accountability

The Update has been drafted by Suman Kumar Jha (Founder & Managing Partner), Afnaan Siddiqui (Co-Founder & Partner), Visakha Raghuram (Associate) and Vaibhav Khurana (Associate). The Insolvency and Bankruptcy Board of India (IBBI)  has made significant amendments to primary regulations governing the process of  Liquidation by way of notifications dated January 28th 2025. These amendments are focused on improved processes and accountability. […]

March 20, 2025

Determining the Appropriate Forum and Scope of Moratorium in Personal Guarantor Insolvency Proceedings: Key Insights from NCLAT Ruling in Anil Kumar v. Mukund Choudhary

The Article has been drafted by Suman Kumar Jha (Founder & Managing Partner), Afnaan Siddiqui (Co-Founder & Partner), Visakha Raghuram (Associate) and Vaibhav Khurana  (Associate). A Personal Guarantor filed an application under Section 94(1) of the Insolvency and Bankruptcy Code (IBC) which allows a Debtor who has committed a default to file an application for initiating the insolvency resolution process, either […]

March 18, 2025

Amendment in CIRP Regulations – IBBI Focuses more on Real Estate Projects

The Update has been drafted by Suman Kumar Jha (Founder & Managing Partner), Afnaan Siddiqui (Co-Founder & Partner), Visakha Raghuram (Associate) and Vaibhav Khurana (Associate) The Insolvency and Bankruptcy Board of India (IBBI) has introduced significant amendments to the Insolvency Resolution Process for Corporate Persons (CIRP) Regulations, 2016, with a special focus on real estate projects. The amendments, notified […]

March 18, 2025

𝗕𝘂𝘆-𝗕𝗮𝗰𝗸 𝘃𝘀. 𝗖𝗮𝗽𝗶𝘁𝗮𝗹 𝗥𝗲𝗱𝘂𝗰𝘁𝗶𝗼𝗻: 𝗡𝗖𝗟𝗧 𝗠𝘂𝗺𝗯𝗮𝗶 𝗰𝗹𝗮𝗿𝗶𝗳𝗶𝗲𝘀 𝗶𝗻 𝘁𝗵𝗲 𝗙𝗲𝗿𝗿𝗲𝗿𝗼 𝗜𝗻𝗱𝗶𝗮 𝗖𝗮𝘀𝗲!

This Article has been authored by Suman Kumar Jha (Founder & Managing Partner), Afnaan Siddiqui (Co-Founder & Partner), Visakha Raghuram (Associate) and Akshita Varshney Sections 66 & 68 of the Companies Act, 2013 are independent and separate mechanisms of capital restructuring. Conditions prescribed u/s 68 for buy-back of shares shall not be applicable in case […]

November 21, 2024

SEBI’s Consultation Paper on SME Segment Framework under SEBI (ICDR) and SEBI (LODR) Regulations

The Update has been drafted by Suman Kumar Jha (Founder & Managing Partner), Prince Shankhdhar (Partner), Visakha Raghuram (Associate) and Ankit Abhishek Jha Introduction The Securities Exchange Board of India (‘SEBI’) has issued a consultation paper on November 19, 2024, proposing significant reforms to the SME (‘Small & Medium Enterprises’) IPO framework, introducing transformative measures to […]

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