Disposition of unliquidated assets has been a major challenge for some Alternative Investment Funds (“AIFs”). Most AIFs in the market today are close ended i.e., they have a fixed tenure, within which AIF managers are expected to fully exit the AIF’s portfolio investments. The recent data on AIFs, published by Securities Exchange Board of India
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RBI’s revised LRS Circular for IFSC, GIFT City: A Welcome Reform
In consonance with the steps taken by the Government of India to development of India’s maiden International Financial Services Centre (“IFSC”) situated at Gujarat International Finance Tec-City (“GIFT City”), the Reserve Bank of India (“RBI”) has allowed Indian individuals to remit to IFSC, City for permissible purposes under its Liberalised Remittance Scheme (“LRS”). This blog…
Revoking gift deeds due to abuse: Legal options for senior citizens
The following article was first published in the Mint newspaper on 11th July, 2024. The same was written by our Private Client team at Cyril Amarchand Mangaldas, who frequently publish their comments and opinions in the Mint.…
Heirs not liable for personal contractual obligations: Supreme Court opines
When entering into contracts, individuals rarely consider whether their contractual obligations would bind or impose liabilities on their heirs in the event of their demise. Therefore, upon the passing of the contracting party, it is, at times, not straightforward to ascertain whether the heirs are liable to honour the deceased’s obligations. The Supreme Court of…
Private Client Year Book 2024: Q&A India
The following Q&A was first published in the Legal 500 and Legal Business Magazine on 8th March, 2024. The same was written by our Private Client team at Cyril Amarchand Mangaldas. The online version of the Q&A can be found here.…
Does unregistered codicil alter the terms of a registered will?
The following article was first published in the Mint newspaper on 5th March, 2024. The same was written by our Private Client team at Cyril Amarchand Mangaldas, who frequently publish their comments and opinions in the Mint. The online version of the article can be found here.…
How to ensure fair distribution of assets in an estate plan?
The following article was first published in the Mint newspaper on 28th February, 2024. The same was written by our Private Client team at Cyril Amarchand Mangaldas, who frequently publish their comments and opinions in the Mint. The online version of the article can be found here.…
Nomination v. Succession – SC Finally Settles the Debate
Historical Background
The longstanding debate on the conflict between the rights of nominees and legal heirs over the devolution of shares has always been the cause of much controversy and confusion despite the settled legal position holding the legal heir as the ultimate rightful owner of the property. A nominee can act only as a…
Regulatory framework governing ‘foreign contributions’: Ambiguity leading to excessive stringency
The Foreign Contribution (Regulation) Act, 2010, and the rules framed thereunder regulate ‘foreign contribution’. This post examines how heightened policing calls for stringent compliance by entities receiving ‘foreign contribution’.…
Personally Guaranteeing the Creditors’ Gain
Introduction
One of the principle aims of the Insolvency and Bankruptcy Code, 2016 (“Code”) is resolution of insolvency of corporate persons, firms, and individuals in an effective, efficient and time bound manner. Chapter III of Part III of the Code deals with insolvency resolution and bankruptcy for individuals and partnership firms, including personal guarantors. Section…