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The Indian real estate sector: an overview

by Majmudar & Partners | Jul 28, 2016 | Corporate/M&A

Introduction  The real estate sector is the driving force behind the growth of the Indian economy.  It is the second largest employment generator and GDP contributor in the country.  In the most generic sense, real estate business means buying and selling of...

Indian merger control thresholds revised

by Majmudar & Partners | Jun 17, 2016 | Competition, Corporate/M&A

Introduction The Competition Act, 2002 (the “Act’) read with the Competition Commission of India (Procedure in Regard to the Transaction of Business relating to Combinations) Regulations, 2011 deal with the merger control regime in India.  Recently, the Indian...

RBI prescribes limits on deferred consideration and indemnity in cross-border transactions

by Majmudar & Partners | Jun 15, 2016 | Corporate/M&A, Foreign Investment

Introduction M&A transactions often include escrow and indemnification provisions. Recently, the Reserve Bank of India (the “RBI”) has amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000,...

Impact of the India – Mauritius Protocol

by Majmudar & Partners | May 12, 2016 | Corporate/M&A, Tax

Introduction Under the bilateral double taxation avoidance agreement between India and Mauritius (the “Mauritius DTAA”), any capital gain arising from the sale of shares can be taxed only in Mauritius and not in India.  India has been attempting to renegotiate the...

Is the SEBI’s proposal to introduce a brightline test to determine change of “control” workable?

by Majmudar & Partners | Mar 29, 2016 | Corporate/M&A, Securities Law

Introduction In India, the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (the “Takeover Regulations”) adopt a mandatory tender offer regime for acquisition of listed companies in order to provide a level playing field to the public...
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