India, Cyril Amarchand Mangaldas updates

Private Client & Offshore Services

Contributed by Cyril Amarchand Mangaldas
SEBI clarifies status of married daughters who become promoters of listed companies
  • India
  • 06 August 2020

In India, many families are reluctant to pass their business wealth and assets onto their married daughters due to the perceived risk that the property ends up being controlled by their daughters' in-laws. This is even more pronounced for promoter families with significant holdings in listed companies. The Securities and Exchange Board of India recently issued informal guidance which dealt with a promoter gifting his shares to his married daughters and the implications under the relevant listed company regulations.

Fortifying a will: safeguards to ensure validity
  • India
  • 23 July 2020

The validation and interpretation of a will is rather unique with respect to the significance of the surrounding circumstances and the identity and status of the parties involved. As such, it is advisable to not only prepare a will that is clear and legally valid, but also ensure that suitable safeguards have been implemented to fortify it against any anticipated challenge. This article discusses the legal grounds on which a will may be challenged and some of the precautions that testators can take to help validate their will.

Finance Act 2020: COVID-19 and high-net-worth individuals
  • India
  • 16 July 2020

The Finance Bill 2020 was presented as the Union Finance Budget in February 2020 and was finally passed on 23 March 2020, with certain key amendments. Following the proposals in the budget, the government received feedback and representations from various stakeholders, some of which it appears to have taken into consideration in amending the bill before its passing. However, the budget's goals of wealth creation are unlikely to be fulfilled given the havoc that COVID-19 has wreaked on economic stability.

CBDT clarifies tax residency for people unable to leave India due to COVID-19
  • India
  • 09 July 2020

The COVID-19 flight restrictions have led to confusion among non-resident Indians with regard to their tax residency. Such individuals have effectively been stuck in India, involuntarily increasing their time in the country. This may expose their offshore business and professional income to tax in India, as it may be regarded as controlled from India and the individual may be regarded as 'resident but not ordinarily resident in India'.

Wills in the time of COVID-19: challenges and solutions
  • India
  • 28 May 2020

The COVID-19 pandemic has led to increased interest in succession planning, including through wills. However, there are considerable practical and legal challenges to consider when making a will while social distancing, isolation or quarantine measures are in place. Although no solution is foolproof, there are some measures that may help testators to overcome the various complications associated with creating a will.

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