Nishith Radio

If the business transfer qualifies as a ‘combination’ as defined under the Competition Act, 2002 then such combination would require prior consent of Competition Commission of India and would be regulated by the Competition Act and the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011. CCI would examine ifthe combination...

One of the most critical aspects of slump sale deals is structuring transfer of employees from the seller to the buyer. Infact, more and more transactions are occurring due to well-trained, experienced and talented resources being readily available as part of the transaction, with a premium being attached to them. Tune into this Business Transfers Series by Harshita Srivastava, Khyati Dalal and Ip...

As per the notification No. 12/2017-Central Tax (Rate) dated June 28, 2017, services by way of transfer of a going concern, as a whole or part thereof, shall be exempted from the levy of GST. Accordingly, there should be no GST on the sale of the business as a slump sale on a going concern basis. Further, this view has also been upheld by the Authority for Advance Ruling (Goods and Service Tax) Ut...

Business transfer entails hive-off of one or more business undertakings from the seller and vesting of such hived-off undertakings in the buyer. Naturally, for a hive-off and vesting of an undertaking as a going concern to be possible, the buyer and the seller involved will necessarily have to be juristic persons. Tune into this Business Transfers Series by Harshita Srivastava, Khyati Dalal and Ip...

In the context of M&A transactions, how you acquire is as important as what you acquire. The structure of a transaction could either make or break the deal, especially in a jurisdiction like India where the consequences of a wrong choice of structure could outweigh the benefits of the transaction itself. Therefore, naturally one of the most fundamental considerations in any M&A transaction...

In today's fast-paced business world, ESG and corporate governance play a pivotal role in ensuring the long-term sustainability and success of any organization. It is crucial that start-ups prioritise corporate governance and financial management from the grassroots level and not treat it as an afterthought. Good governance is sacrosanct. In this podcast, Sahil Kanuga  discusses the increasing...

Amidst the developments in the alternative dispute resolution landscape, India now has a standalone statute focusing only on mediation. In the recent monsoon session of Parliament, both Houses passed the Mediation Bill, 2023. It received the Presidential assent in September 2023 and came to be referred to as the Mediation Act, 2023. The Central Government also notified a few provisions in October...

In this episode of the data protection law series, Tanisha Khanna, Purushotham Kittane and Rhythm Vijayvargiya discuss the major stakeholders who are subject to the Digital Personal Data Protection Act, 2023 along with a focus on the data fiduciaries and data processors regarding various compliance requirements applicable to them.  For any questions, please reach out to us on  concierge@nishithdes...