ELP Podcast Series

SEBI’s AIF Regulations and the IFSCA’s Fund Management Regulations require the investment manager to obtain the consent of investors in certain circumstances. In this episode of the Funds series, Vinod Joseph, Partner & Paridhi Jain, Associate, Economic Laws Practice (ELP) talks about the Investor's Consent and delves into the nuances of such consent and the various legal issues involved in obtaining such consent.

We are delighted to present to you the next episode of  ELP Podcast Series- Funds Series- The Term of a Fund In this episode, Vinod Joseph (Partner) and Paridhi Jain (Associate), Economic Laws Practice discuss the regulations regarding the term of close-ended funds and the SEBI and IFSCA rules governing an extension of such term. Please note that this podcast is intended solely for general informational purposes and should not be construed as legal advice.

We are happy to announce the launch of a new podcast series on Investment Funds and Fund Regulations. In this podcast series, Vinod Joseph (Partner) and Paridhi Jain (Associate) will explore the intricacies of Investment Funds and Fund Regulations.  In the first podcast, Vinod and Paridhi shed light on SEBI's and IFSCA’s classification of AIFs into distinct categories, offering valuable insights into the regulatory reasoning behind this categorization. While the IFSCA's fund categorization mirrors SEBI's to some extent, it is essential to recognize the significant differences between them. In this engaging podcast, we delve into these variations, assuming that our audience possesses a foundational understanding of Funds and Indian regulations governing them. Please note that this podcast is intended solely for general informational purposes and should not be construed as legal advice.

Amongst start-ups as well as other companies, the popularity of ESOPs as a mode of employee compensation has only been growing. Such transactions, when plainly seen, are mere issuance of share capital. However, the GST authorities have recently started scrutinizing potential GST applicability on the same where employees are granted shares of their employer’s listed group company as ESOPs.  In this episode of ELP Podcast Series, Harsh Shah (Partner) and Ruchita Shah (Associate Partner)  discuss the mechanics of typical ESOP transactions and analyze the same from a GST perspective, including the potential for and against arguments on taxability and safeguards that may be considered by the industry. 

On 27 July 2022, a three-judge bench of the Supreme Court in the case of Vijay Madanlal Choudhary vs Union Of India upheld the validity of various provisions of the Prevention of Money Laundering (PMLA) Act, 2002. The judgment is perceived to have given a judicial stamp to the wide powers that the Enforcement Directorate (ED) enjoys under the statute. In our latest podcast series, 'Implications of the PMLA Act: Post 2022 SC Ruling' Kumar Visalaksh (Partner), and Arihant Tater (Principal Associate) Economic Laws Practice, discuss the impact of the judgment as well as the developments post the ruling.

Before the internet took the spotlight in our lives, data was subject to geographical limitations. Currently, we live in an age of information where it is an accessible commodity. The industry was keenly awaiting the GOI’s stand on data protection.  The fourth iteration of India’s draft of data protection law was released on November 18, 2022. To encapsulate the nuances of the draft bill, our colleagues at ELP, Vinay Butani (Partner) and Naghm Ghei (Principal Associate) have put together a podcast series on ‘Key Takeaways: Digital Personal Data Protection Bill‘. Simple, and easy to understand in a Q&A format, our podcast discusses the legislative scope, data principles and the scope of consent. It also throws light upon the transferability of data outside India and penalties for non-compliance with the provisions of the bill.

“We are what we eat.” With food governing most aspects of our lives ( both happy and sad moments too!), the food industry is expected to grow annually by 8%.In our latest podcast Sweta Rajan, Partner, and Samyuktha Srinivasan, Senior Associate, Economic Laws Practice discuss several compliance issues which the food industry is grappling with. The episode titled “Food Processing and Food Supply Industry” delves into the criteria for registration, regulations for advertising and packaging, and the consequences of non-compliance.  They also discuss how the authorities are quite receptive and open to discussions with FBOs to address any concerns companies may have.  The panelists further discuss the efficacy of filing representations before the authorities.

We are happy  to share the next episode of the ELP Podcast Series. India’s intent to elevate arbitration as the preferred mode of dispute resolution is complemented with developing jurisprudence in the country. In the first episode of the “Arbitration 101” series, Abhileen Chaturvedi, Partner at Economic Laws Practice (ELP) reflects on the legislative landscape of the arbitration regime in India.  The session is moderated by his colleague, Ria Dalwani, Senior Associate at ELP. Please enjoy listening-in and we look forward to bringing to you our next episode on the scope of court intervention in arbitrations. 

In this episode of ELP’s Podcast Series, we welcome all to our international collaboration in the podcast space. This is a Joint Podcast hosted by Economic Laws Practice (ELP) in India and Gall Solicitors in Hong Kong. This podcast tries to cover some interesting issues in the dispute resolution space in both India and Hong Kong. GALL covers the enquiries revolving around the recovery of funds in case of a wire fraud while ELP covers the issue of summary judgements in India. Although the issues are diverse in concept, it would leave the listeners with interesting take-aways.Our speakers for this episode are Shailesh Poria, Partner at Economic Laws Practice (ELP) and Ashima Sood, Partner at GALL. The session was moderated by Kajal Aswani, Partner at GALL.

Stella Joseph, Partner and Yash K Desai, Senior Associate at Economic Laws Practice (ELP) have come up with a new episode in our Podcast series, titled ‘Blockchain Based Smart Contracts: Key Tech & Regulatory Aspects.’ While in the previous podcast, we had looked at the basic concepts of Non-Fungible Tokens (NFTs) and how they work, in this episode we will be discussing the concept and technology of Blockchain Based Smart Contracts, and after having understood the concept and technology behind such smart contracts, we will discuss some key legal and regulatory issues that one can associate with the concept of smart contracts.   

 While nowadays one keeps hearing about cryptocurrency, the concepts of non-fungible tokens and smart contracts have also become quite popular. But there remains a lot of ambiguity as regards what exactly are NFTs and Smart contracts, how do they actually work and how are they practically used and applied in the real world? Only once these fundamental questions are answered, can someone truly attempt to rationalize about the taxation and regulatory framework governing these technologies. Keeping this in mind, in this part of the podcast, we will delve on the technology behind Non-Fungible Token or what is commonly known as NFTs, which will help in contextually understand the recent taxation introduced by the Indian Government on Virtual Digital Assets, as also, the possible regulatory framework which one can imagine may apply to this technology in the future. In the second part of this podcast, we will use the same lens to examine the concept of Smart Contracts, the application of smart contracts and the potential complications that could arise when the existing legal framework is sought to be applied to this technology.

In this episode of the ELP Podcast series, we are going to understand the science behind the derivation of cryptocurrency. Since its creation, cryptocurrency, has seen astronomical growth over the world and in India. However, the phenomenon of cryptocurrency and the manner in which transactions relating thereto operate is particularly difficult to describe in familiar jargon, given the dynamic technology on which it functions. There have been talks about the central government intending to introduce the Cryptocurrency Regulation Bill. There is a lot of anticipation and speculation on the exact scheme of regulation that is required for cryptocurrency. Therefore, in today’s podcast, both Nishant and Yash will throw light on conceptual and fundamental aspects of the cryptocurrency itself. 

We are pleased to present Part 2 of ELP’s Podcast series on BIS.  While the 1st part of the BIS certification series covered some key issues and considerations prior to the mandatory enforcement of BIS standards on a product, the 2nd part of the series focuses on the scenario post mandatory BIS announcement. The podcast delves into the steps to be taken by the producers to fulfil BIS standards, the importance of non-disclosure requirements and cross-indemnity while deciding on AIR. The application process is discussed in detail with requisite forms and deadlines.   

The second episode of ELP’s Podcast Series simplifies the complex web of BIS Certifications in India for our listeners. Encompassing the areas of compliance, international trade and non-tariff barriers, BIS certifications are increasingly gaining relevance for domestic industry, traders and companies exporting to India. The podcast will discuss the simple steps for the companies to follow, the dos and don’ts and what pitfalls they should watch out for.  This podcast is part of a 2 part series on BIS. The 2nd episode will be released within a fortnight.  For more information please visit https://elplaw.in/

We welcome you to ELP’s Podcast Series. In our first edition of this series, ELP’s Nishant Shah and Sujjain Talwar discuss GST challenges within the hospitality sector. Set against the severe cash flow and financing crunch the hospitality industry is currently facing, ELP’s podcast has outlined some key tax optimization and exposure mitigating strategies and discusses issues such as anti-profiteering, composite & mixed supplies, online platform bookings and taxation of restaurants within hotels. For more information please visit https://elplaw.in/