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  • Cleaning the FPI route

    Cleaning the FPI route

    Published: 21 May 2018

    In the last 25 years, Indian government has conferred diversified incentives on Foreign Portfolio Investors (FPI) with the objective to generate flow of funds into capital markets via foreign investments. Unfortunately, certain businessmen of Indian origin are taking advantage of FPI policies to evade taxes which is detected by the Securities Exchange Board of India (SEBI). Taking note, SEBI h...

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  • Monitoring CSR activities

    Monitoring CSR activities

    Published: 20 May 2018

    Corporate social responsibility (CSR) is a form of corporate self-regulation integrated into a business model. CSR policy functions as a self-regulatory mechanism whereby a business monitors and ensures its active compliance with the spirit of the law, ethical standards and national or international norms. The Companies Act, 2013 (Act) mandated certain category of companies to comply with the CS...

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  • Regulating e-pharmacies

    Regulating e-pharmacies

    Published: 18 May 2018

    With the spurt in internet and e-commerce in the last few years, the need for effective governance of e-pharmacies was overdue. In view of this, the Central Government has circulated the much-awaited new set of draft rules relating to the e-pharmacies (online pharmacies) to States seeking their opinion thereon. The objective of the draft rules is to ensure that the patients are able to procure...

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  • CJEU on protected designations of origin

    CJEU on protected designations of origin

    Published: 18 May 2018

    As in the case of brands, geographical designations of origin can be protected as well. It is therefore also possible for advertising featuring references to origin to be misleading to consumers and thus impermissible. Brands and geographical designations of origin are of great value to businesses. They give rise to certain associations among consumers, e.g. in relation to the quality of a produ...

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  • Legal Shorts 17.05.18 including FCA policy statement on retiring FG12/15 and FG14/1

    Legal Shorts 17.05.18 including FCA policy statement on retiring FG12/15 and FG14/1

    Published: 18 May 2018

    Welcome to Legal Shorts, a short briefing on some of the week’s developments in the financial services industry. If you would like to discuss any of the points we raise below, please contact me or one of our other lawyers.   Claire Cummings 020 7585 1406 claire.cummings@cummingslaw.com www.cummingslaw.com FCA policy statement on retiring FG12/15 and FG14/1 The FCA has publi...

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  • LEGAL REGULATIONS OF CRYPTOCURRENCY IN GERMANY

    LEGAL REGULATIONS OF CRYPTOCURRENCY IN GERMANY

    Published: 17 May 2018

    Germany is one of the first countries in Europe, which drew attention to the cryptocurrency and achieved at least some kind of legitimacy. Legal regulation of the cryptocurrency in Germany began in 2013 by the Decree of the Minister of Finance. Bitcoin is defined as a unit of account, which can be used in trade relations of a private nature. However, the cryptocurrency itself has not received th...

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  • 'Subject to Contract' & 'Subject to Board Approval'??

    'Subject to Contract' & 'Subject to Board Approval'??

    Published: 17 May 2018

    When negotiating a contract of almost any nature, it is well established under English law that to do so ‘subject to contract’ means that at no stage of the negotiations does a binding contract or terms come into effect between the parties in law or equity, unless and until the intended formal contract is executed, and that each party may withdraw from the negotiations before that point,...

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  • 'Consent' and the GDPR; can you collect and use data?

    'Consent' and the GDPR; can you collect and use data?

    Published: 17 May 2018

    If you are in business and operate a website which interacts with registered users, or use client provided data in any way, you will no doubt be aware of the GDPR, the European Union’s ‘General Data Protection Regulation’ that will take effect within the EU (including in the UK) from 25th May 2018.  The GDPR seeks to improve the protection and privacy of an individual’s data within the EU and...

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