Clasis Law

New Delhi

Clasis law, with offices in Delhi and Mumbai, is a full service Indian law firm that is truly international in vision, scope, experience and capability. The firm’s values are commitment to excellence, efficiency, integrity, focus and client care, all of which guide each member of the firm. Being solutions oriented, the firm offers efficient, cost effective services of the highest quality and prides at providing practical and commercially relevant legal advice, combining specialist legal skills and industry experience, specific to the needs of the client.

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Updates

Corporate & Commercial

Companies (Amendment) Act and Foreign Contribution (Regulation) Amendment Act enacted
India | 26 October 2020

The Companies (Amendment) Act 2020 and the Foreign Contribution (Regulation) Amendment Act 2020 recently came into force, amending the Companies Act 2013 and the Foreign Contribution (Regulation) Act 2010. This article sets out the salient changes introduced by both amendment acts, including with respect to producer companies, offences and the remuneration of non-executive directors.

MCA temporarily allows virtual AGMs: help or hindrance?
India | 21 September 2020

In view of the COVID-19 pandemic and continuing restrictions on the movement of individuals, the Ministry of Corporate Affairs (MCA) recently issued a circular allowing companies to convene their annual general meeting (AGM) through videoconferencing or other audiovisual means (ie, electronically). With AGMs around the corner, it will be interesting to see how companies will hold virtual AGMs in practice and whether companies and their members will welcome the MCA's relaxations.

Decriminalisation of offences under Companies Act: need of the hour
India | 31 August 2020

India's company law regime has evolved over the years and become stricter and more penal in nature. There has been a paradigm shift in the legislature's viewpoint with regard to the Companies Act's stringency. There has also been a recent trend to promote foreign investment in India. Accordingly, the legislature has adopted measures in order to decriminalise – or at least liberalise – India's company law regime.

Snapshot of procedural guidelines for proxy advisers
India | 17 August 2020

Proxy advisers have gained prominence over recent years in relation to corporate governance matters and have become an integral part of shareholder activism in India. In order to standardise the process across proxy advisory firms, the Securities and Exchange Board of India recently issued its Procedural Guidelines for Proxy Advisers and a circular on grievance resolution between listed entities and proxy advisers.

Reclassification of micro, small and medium enterprises provides stimulus to enterprises in light of COVID-19
India | 03 August 2020

The Ministry of Micro, Small and Medium Enterprises recently notified certain criteria for classifying enterprises as micro, small and medium enterprises (MSMEs) and specified the form and procedure for filing the applicable memorandum. The change in the classification of MSMEs is a part of the relief package offered to the MSME sector amid the COVID-19 outbreak. This reclassification has been well received across sectors as it will help MSMEs to increase in size without losing their entitled benefits.

MCA temporarily allows certain restricted corporate actions to occur at virtual board meetings
India | 13 July 2020

The COVID-19 pandemic has affected businesses' ability to comply with various statutory rules and regulations due to lockdowns and other social distancing measures. The government – particularly the Ministry of Corporate Affairs (MCA) – has proactively introduced various measures to support companies in their ability to comply with the Companies Act 2013. Most notably, the MCA has relaxed the restrictions around which corporate actions can occur at virtual board meetings until 30 September 2020.

Laws governing companies: overview
India | 22 June 2020

When setting up a business in India, attention must be paid to the laws which govern companies. Of particular note is the Companies Act, which encompasses a wide range of provisions relating to governance, including with regard to incorporation, capital infusion, management and administration, audits and accountability.

Setting up a business in India
India | 15 June 2020

When setting up a business, it is crucial to determine the appropriate legal entity in view of the business's exact needs. The entity should be relevant from a fundraising and taxation perspective and with respect to the foreign direct investment norms in light of the nature of the business and the activities that it proposes to conduct. For instance, certain relaxations are offered to limited liability partnerships which are not offered to companies and vice versa.