Sansa Law Desk

Introduction The Digital Personal Data Protection Act, 2023 (DPDP Act), which received Presidential assent on 11 August 2023, established the Data Protection Board of India (DPBI) as the primary adjudicatory body for data protection disputes in the country. The Government subsequently notified the Digital Personal Data Protection Rules, 2025 (DPDP Rules) on 13 November 2025, bringing into force several key provisions of the Act, including those relating to the establishment a

Introduction The Ministry of Corporate Affairs (MCA) has invited stakeholder suggestions on the proposed Integrated Platform for Insolvency Ecosystem (iPIE), a unified digital platform intended to integrate all stakeholders, processes, and technology systems operating under the Insolvency and Bankruptcy Code, 2016 (IBC). The consultation, announced in July 2026, sought comments from insolvency professionals, financial institutions, industry bodies, and academia in a prescribe

Introduction Foreign companies looking to establish a business presence in India without incorporating a separate Indian entity have three options under the Foreign Exchange Management Act, 1999 (FEMA): a Branch Office (BO), a Liaison Office (LO), or a Project Office (PO). Each type of office has distinct permitted activities, regulatory requirements, and compliance obligations. The establishment of these offices is governed by the Foreign Exchange Management (Establishment i

Introduction The Securities and Exchange Board of India (SEBI) has notified the SEBI (Foreign Venture Capital Investors) (Amendment) Regulations, 2026, through Notification No. SEBI/LAD-NRO/GN/2026/309 dated 3 July 2026. This notification is part of SEBI's continued effort to modernise and streamline the regulatory framework governing Foreign Venture Capital Investors (FVCIs) in India. The amendment builds upon the significant structural changes introduced by the SEBI (FVCI)

Introduction A slump sale is a business transfer mechanism under Indian law where one or more undertakings of a company are transferred as a going concern for a lump sum consideration, without assigning individual values to the assets and liabilities being transferred. Defined under Section 2(42C) of the Income Tax Act, 1961, and taxed under Section 50B, the slump sale has become a widely used tool for corporate restructuring, business realignment, and divestiture of non-core

Introduction India's merger control regime, governed by the Competition Act, 2002 as substantially amended by the Competition (Amendment) Act, 2023, requires prior notification to and approval from the Competition Commission of India (CCI) for transactions that meet specified financial thresholds. The regime underwent a significant overhaul with the CCI (Combinations) Regulations, 2024, which took effect on 10 September 2024, introducing a deal value threshold, revised financ

Introduction A vigil mechanism is a structured channel that allows directors, employees, and other stakeholders to report genuine concerns about unethical behaviour, actual or suspected fraud, violation of company policies, or any other irregularity within a company. Section 177(9) of the Companies Act, 2013, read with Rule 7 of the Companies (Meetings of Board and its Powers) Rules, 2014, mandates that certain categories of companies establish a vigil mechanism. For listed c

Introduction A scheme of arrangement is one of the most versatile corporate restructuring tools available under Indian company law. Sections 230 to 232 of the Companies Act, 2013 provide the statutory framework for companies to enter into compromises, arrangements, mergers, amalgamations, and demergers through a court-supervised process before the National Company Law Tribunal (NCLT). Whether a company seeks to merge with another entity, demerge a division into a separate com

Introduction The Ministry of Corporate Affairs (MCA), through Notification S.O. 698(E) dated 10 February 2026, has appointed Registrars of Companies (RoCs) as adjudicating officers under Section 454 of the Companies Act, 2013, read with the Companies (Adjudication of Penalties) Rules, 2014. This notification, which came into force on 16 February 2026, represents a decisive shift toward administrative adjudication for minor statutory violations committed by companies and Limit

Every individual who is appointed or intends to be appointed as a director of a company incorporated under the Companies Act, 2013, must first obtain a Director Identification Number (DIN). The DIN is a unique, lifetime identification number assigned by the Ministry of Corporate Affairs (MCA) and is a prerequisite for any directorial appointment. The requirement for DIN is prescribed under Sections 153 and 154 of the Companies Act, 2013, and the application process is governe

Employee Stock Option Plans (ESOPs) have become one of the most important tools for attracting, retaining, and incentivising talent in Indian companies, from early-stage startups to large listed corporations. An ESOP grants employees the right to purchase shares of the company at a predetermined price (the exercise price) after a specified vesting period. The legal framework for ESOPs in India is primarily governed by Section 62(1)(b) of the Companies Act, 2013, and Rule 12 o

The Ahmedabad bench of the National Company Law Tribunal (NCLT) has held that the removal of a nominee director from the board of a company, where the director possesses no vested rights or financial interest in the company, does not constitute oppressive or prejudicial conduct under Sections 241 and 242 of the Companies Act, 2013. The decision in Dhartiben Mukeshbhai Bhoraniya v. Security Ops India Private Limited and Others [CP/29(AHM)2026 and CP/31(AHM)2026], cited as 2026

When a company creates a charge on its property, assets, or any part of its undertaking in favour of a lender or creditor, it is legally required to register that charge with the Registrar of Companies (ROC). This requirement is imposed by Section 77 of the Companies Act, 2013, and is implemented through the Companies (Registration of Charges) Rules, 2014. The registration must be completed by filing Form CHG-1 with the ROC within 30 days of the creation of the charge. Failur

The Insolvency and Bankruptcy Board of India (IBBI) has introduced a formal framework for the termination of voluntary liquidation proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC). The framework, implemented through the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) (Second Amendment) Regulations, 2026, came into force on June 1, 2026. This amendment introduces Regulation 42, which lays down the detailed procedure for terminating volu

Board meetings are the primary forum through which the directors of a company exercise their collective authority, approve strategic decisions, and discharge their statutory obligations. The Companies Act, 2013, through Sections 173 to 175 and the Companies (Meetings of Board and its Powers) Rules, 2014, prescribes detailed requirements for convening and conducting board meetings. These statutory provisions are supplemented by Secretarial Standard on Meetings of the Board of