India: 100% FDI is okay in B2C e-commerce markets

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India: The age of telephony has arrived

On 19 June 2018, the Department of Telecommunications, Government of India (DoT) finally provided its nod to several key recommendations (Recommendations) made by the Telecom Regulatory Authority of India (TRAI) on the Regulatory Framework for Internet Telephony in October 2017. DoT has released a clarification (Clarification) and certain amendments to existing licenses (Amendment), both of […]

India: Second ordinance to amend the Insolvency and Bankruptcy Code

The President of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance 2018 on 6 June 2018 (Ordinance) to amend the Insolvency and Bankruptcy Code 2016 (IBC). In the short history of around one and half years since the provisions relating to corporate insolvency resolution process under IBC came into force in December 2016, the […]

India: Amendments to securities board delisting regulations

Between 31 May to 1 June, the Securities and Exchange Board of India (SEBI) amended a number of securities regulations to provide certain dispensations for listed companies undergoing the corporate insolvency resolution process (CIRP) under the Insolvency and Bankruptcy Code 2016 (IBC). These amendments follow SEBI’s discussion paper of March 2018, which set out specific […]

India: Hotel is operator’s taxable presence

The Authority for Advance Rulings (AAR) recently ruled that the hotel property in India operated and managed by the applicant, FRS Hotel Group (Lux) S.a.r.l. (now FRHI Hotels & Resorts S.A.R.L) (Taxpayer) is its ‘fixed place’ permanent establishment (PE) in India. Accordingly, income of the taxpayer attributable to such PE in India is taxable as […]

India: Supreme Court clarifies NCLAT’s powers in appeal

On 18 May 2018, in M/s B Himmatlal Agrawal (Appellant) v Competition Commission of India (CCI) and Anr. [Civil Appeal No. 5029 of 2018], the Supreme Court of India (Supreme Court) distinguished the decision of the National Company Law Appellate Tribunal (NCLAT) while disposing of a statutory appeal under the Competition Act, 2002 (Competition Act). […]

Latest Briefings

Longer term tenancies? Potential implications for lenders

Walker Morris’ Housing and Banking Litigation experts Karl Anders, Justin Coley and Sandip Singh explain the UK government’s consultation on introducing longer-term tenancies in the private rented sector, with a particular focus on potential impacts for lenders…

Assessing creditworthiness in consumer credit: FCA publishes final rules and guidance

The results of a large-scale survey by the Financial Conduct Authority (FCA) in 2017 indicated, among other things, that: 75% of UK adults had one or more consumer credit products or loans in the previous 12 months; 4.1 million people were “in difficulty” because they had already failed to pay domestic bills or meet credit […]

Open Banking, fintech and the Brexit hokey cokey

By Miles Trower London is, arguably, the most important global hub for financial services. As a result, the consequences of the Brexit vote, the ensuing uncertainty and the eventual transitional and regulatory framework applying to UK financial services and how it will continue to access overseas markets has been subject to huge speculation. Much of […]

FCA consultation on a Global Financial Innovation Network

By Russell Kelsall On 7 August 2018, the Financial Conduct Authority (FCA) published a consultation on the creation of a Global Financial Innovation consultation. With innovation in the global financial services market rapidly increasing, it is important for firms to consider the options for building, implementing and sharing experiences of digital solutions.

Austria: The DPA’s strict view on retention periods

At the end of July, the Austrian Data Protection Authority (‘DPA’) published its first decision on retention periods applying the General Data Protection Regulation (‘GDPR’; DSB-D216.471/0001-DSB/2018). The decision is final. The DPA had to decide for which period a provider of telecommunications services (hereinafter: the ‘controller’) may (respectively must) retain so-called master data, required for […]

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BLP office move could enhance flexible working opportunities

Berwin Leighton Paisner (BLP)’s imminent office consolidation will enhance opportunities for the firm’s staff to take advantage of flexible working opportunities, it has emerged. BLP currently operates two offices in London but recently announced that it was relocating its teams in St Magnus House to its larger base at Adelaide House. The move will be […]

Linklaters

Corporate trio to battle for Linklaters senior partner role

Linklaters’ next senior partner will be a corporate lawyer, with three candidates putting their names forward for April’s elections including rising star Aedemar Comiskey. The trio of corporate partners vying for the top job, to run the firm alongside new managing partner Gideon Moore, are Charlie Jacobs, Jean-Pierre Blumberg and Comiskey. M&A heavyweight Jacobs has […]

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Gibson Dunn client Djibouti to appeal £9.3m costs ruling

Gibson Dunn & Crutcher client the Republic of Djibouti has filed for permission to appeal a ruling that would see it pay £9.3m in costs to a man it claimed was a terrorist. The ruling by Mr Justice Flaux in early March dismissed Djibouti’s claim against its citizen, Abdourahman Boreh, closing four years of High […]

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