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  • The retroactive effect of a portable document A1 and the “non-replacement condition”

    The retroactive effect of a portable document A1 and the “non-replacement condition”

    Published: 04 Feb 2018

    In his opinion delivered on 31 January 2018 (C-527/16), Advocate General Saugmandsgaard Øe addresses issues related to the coordination of the social security systems, pursuant to Regulation 883/2004 and its implementation Regulation 987/2009. The dispute in the main proceedings concerns the determination of the social security legislation applicable to workers posted by two Hungarian under...

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  • Corporate cleansing - a double edged sword

    Corporate cleansing - a double edged sword

    Published: 03 Feb 2018

    As it widely known, the Ministry of Corporate Affairs (‘MCA’), in a major crackdown has de-registered 2,26,166 companies and disqualified all their directors (more than 300,000) in 2017. After receiving representations from various de-registered companies and disqualified directors, government has introduced a scheme with the intent to provide defunct companies an opportunity to remedy the defau...

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  • SEBI tightening the screws on Credit Rating Agencies

    SEBI tightening the screws on Credit Rating Agencies

    Published: 03 Feb 2018

    Credit ratings play a very important role in providing guidance about the financial credibility of companies seeking public funds. Therefore, Credit Rating Agencies (CRA) bear a heavy responsibility to come out with credible credit ratings. Ratings dispensed by CRAs have the ability to garner / manipulate the trading and financial transactions contemplated through instruments by the companies in t...

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  • How can Bitcoin be seized as proceeds of crime?

    How can Bitcoin be seized as proceeds of crime?

    Published: 02 Feb 2018

    How is Bitcoin actually seized? Seizure of proceeds of crime by law enforcement involves the State taking control of seized property to prohibit the transfer, conversion, disposition or movement of the assets. In most instances, this may involve the locating and restraining of assets such as real property, cars, bank deposits, cash, boats, shares and jewellery which can readi...

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  • Fixed term employment in India

    Fixed term employment in India

    Published: 02 Feb 2018

    The Government is considering a proposal to allow fixed term employment to empower the employers of all sectors to recruit the employees on fixed term basis for short term projects. The underlying reason for this development is that government allowed textile industry to retain employees on fixed term basis following which it received demands from various sectors to allow such sectors to engage ...

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  • Satyam saga - revisited

    Satyam saga - revisited

    Published: 02 Feb 2018

    You might have read news regarding PWC’s disqualification for 2 years from auditing. Why did it happen? 8 years ago, almost to the date, I received an email message – Satyam scandal with a copy of an email apparently from Ramalinga Raju, Chairman of Satyam Computers to SEBI and stock exchanges. Satyam used to be the bellwether for corporate governance in India bagging highest awards at every...

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  • BGH: A square shape can also be protected as a trademark

    BGH: A square shape can also be protected as a trademark

    Published: 02 Feb 2018

    Three-dimensional symbols that represent the shape of a product can be protected as a trademark. That was the verdict of the Bundesgerichtshof (BGH), Germany’s Federal Supreme Court, in two rulings from October 18, 2017 (Az.: I ZB 3/17 and I ZB 4/17). We at the commercial law firm GRP Rainer Rechtsanwälte note that the three-dimensional shape of a product is capable of being protected as a ...

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  • Streamlining the Mutual Funds industry

    Streamlining the Mutual Funds industry

    Published: 01 Feb 2018

    The Securities Exchange Board of India (SEBI) announced a garden-fresh ruling in relation to mutual funds placing a 10 percent cross-shareholding cap in mutual funds with the object of sidestepping potential conflict of interest in the management of mutual funds by asset management companies. A mutual fund is a professionally-managed investment scheme, usually run by an asset management com...

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