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How to Revoke a Trust Deed in India: A Clear Legal Roadmap

  Revoking a trust deed in India  is a legally sensitive process that must align strictly with the provisions of the Indian Trusts Act, 1882. A trust, once created, is generally considered irrevocable unless the trust deed explicitly allows for its revocation or specific statutory grounds are satisfied. Settlors who wish to revoke a trust must ensure that all legal, procedural, and beneficiary rights are duly considered to avoid legal complications. Improper revocation can lead to disputes, beneficiary claims, or regulatory scrutiny—especially in private family trusts, real estate trusts, or charitable arrangements. Legal Grounds and Process for Revoking a Trust Deed in India 1. Revocation by Will (Trusts Created by Will) Under Section 78(a) of the Indian Trusts Act, 1882 , if a trust is created through a will, it remains revocable at any time before the testator’s death. This is because the trust is testamentary in nature and does not take legal effect until the ...

Separate Mechanism For Voluntary Delisting Of PSUs

 The Securities and Exchange Board of India on 06th May 2025 issued a consultation paper to propose a separate mechanism for  voluntary delisting of Public Sector Undertakings  which deviate from the provisions provided under SEBI (Delisting of Equity Shares) Regulations, 2021. This blog aims to analyse the proposal and its probable impact on different stakeholders in the market. Related:  Tax Reforms For A Prosperous India : Simplifying Compliance And Boosting Growth What is delisting? Delisting of  Equity Shares  is a formal process whereby listed companies permanently remove their shares from being traded on any or all of the stock exchange. Delisting thereby terminates the availability of securities in the secondary market through public trading platforms. It saves the companies from regulations and compliances that apply on listed entities, therefore, reducing its obligations to the market and to public scrutiny. Under the governi...

Different Types of Shares in Company: A Comprehensive Guide 2025

 Shares in a company represent ownership, but they’re not all the same. In company law, it’s important to understand the different types of shares. The different types of shares a company issues can affect who controls the company, who gets to vote on decisions, and how profits are shared. Whether you’re starting a business and deciding on your share structure, or investing in a company, you need to know your options under company law. Let’s explore the world of shares in more detail. Ordinary Shares Ordinary shares, also known as common shares, are the most common type of  shares in a company . They form the foundation of a company’s ownership structure. If you own ordinary shares, you usually get to vote on big company decisions, like choosing directors or approving mergers. You might also receive a share of the company’s profits as dividends, but only after the company has paid any preference shareholders. In legal terms, ordinary shares are important for f...

10 Essential Pre-Incorporation Compliance Steps for India’s Oil and Gas Sector

 The incorporation of an entity in India’s oil and gas sector mandates strict adherence to a complex regulatory framework, encompassing corporate, environmental, and industry-specific compliance. Governed by statutes such as the Companies Act, 2013, the  Petroleum and Natural Gas Regulatory Board  Act, 2006, and the Environmental Protection Act, 1986, pre-incorporation compliance is indispensable to secure requisite approvals, mitigate legal risks, and ensure operational legitimacy.  This article delineates ten critical pre-incorporation compliance requirements for entities seeking to enter India’s oil and gas sector. 10 Essential Pre-Incorporation Compliance Steps for India’s  Oil and Gas Sector Establishing a company in  India’s oil and gas industry  requires meticulous adherence to various pre-incorporation compliance measures. These steps ensure legal conformity and lay a solid foundation for future operations. Below are ten critical c...

Structuring Joint Ventures in India: Legal Structures and Key Considerations

 Structuring joint ventures in India necessitates a comprehensive understanding of the legal landscape to ensure compliance and mutual benefit. A  joint venture (JV) in India  represents a strategic collaboration where two or more parties coalesce resources to achieve shared business objectives. The legal framework governing such alliances is pivotal in determining their success and operational harmony. The Indian legal regime provides multiple avenues for structuring  joint ventures in India , making it imperative for businesses to choose an appropriate model aligned with their commercial goals. The structuring of a joint venture must comply with the Companies Act, 2013, the Foreign Exchange Management Act, 1999 (FEMA), and sector-specific  foreign direct investment (FDI)  policies. Moreover, contractual clarity and regulatory approvals play a decisive role in ensuring the smooth operation of joint ventures. By understanding the key legal consider...

Cross-Border Joint Ventures: 5 Legal Risks and How to Avoid Them

 Cross-border joint ventures (JVs) have become a pivotal strategy for international businesses aiming to penetrate the Indian market. These collaborations allow foreign entities to leverage local expertise, distribution networks, and market insights. However, establishing a cross-border JV in India necessitates an understanding of the country’s intricate legal and regulatory framework. Engaging proficient M&A attorneys and international JV lawyers is essential to ensure cross-border compliance and the venture’s overall success.​ Understanding Cross-Border Joint Ventures A  cross-border joint venture  (JV) is a strategic partnership between entities from different countries, typically formed to leverage mutual strengths in technology, market access, and operational expertise.  In India, such JVs enable foreign investors to collaborate with domestic firms to navigate regulatory complexities, tap into local distribution networks, and mitigate entry risk...

Due Diligence In Cross-Border Mergers And Acquisitions

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  Introduction to Due Diligence in Cross-Border Mergers and Acquisitions Cross-border mergers and acquisitions have become a significant strategic tool for businesses seeking global expansion, access to new markets, and enhanced operational synergies. However, these transactions come with inherent complexities, including regulatory compliance, cultural differences, taxation, and legal risks. Due diligence in cross-border  mergers and acquisitions  is an essential process that enables acquiring companies to evaluate the financial, legal, and operational standing of the target company before finalizing the deal. Legal due diligence, in particular, plays a pivotal role in identifying potential liabilities, assessing regulatory risks, and ensuring that the transaction aligns with applicable laws in multiple jurisdictions. Failing to conduct thorough due diligence can lead to unforeseen legal disputes, financial losses, and even deal failures. This article explores the critica...