Posts

Why IP Audits Are Becoming Deal-Makers in India’s M&A Landscape: Integrating IP Governance into Due Diligence

Image
  In India’s rapidly evolving corporate and investment ecosystem, intellectual property has emerged as one of the most decisive indicators of business value. Whether a company is scaling through venture capital, eyeing strategic acquisitions, or preparing for a merger, investors increasingly evaluate not just financial health but the strength, clarity, and enforceability of its IP assets. In this environment,   IP due diligence in India   is a core determinant of valuation, risk, and long-term commercial viability. As transactions become more technology-driven, courts are becoming more IP-sensitive, and regulatory expectations are becoming more stringent. Businesses that embed IP audits into their corporate governance frameworks consistently outperform those that treat IP as an afterthought. Effective IP audits reduce legal uncertainty, enhance corporate IP valuation, strengthen intellectual property compliance, and ensure that companies are transaction-ready. Conversely,...

Mastering Insolvency Proceedings for Individuals and Partnership Firms

  The Insolvency and Bankruptcy Code, 2016 (IBC) provides the legal foundation for insolvency and bankruptcy proceedings in India. It consolidates and modernizes laws dealing with financial distress across corporate entities, individuals, and partnership firms. For individuals and partnership firms, Part III of the IBC lays down a dedicated, time-bound mechanism to address insolvency, encourage orderly debt resolution, and ensure fairness between debtors and creditors. Scope and Applicability of Part III of the IBC Part III governs insolvency resolution and bankruptcy proceedings for individuals and partnership firms. It primarily applies to two distinct groups: 1. Personal Guarantors to Corporate Debtors These are individuals who have given personal guarantees for loans taken by corporate entities. Their insolvency proceedings are closely linked to the insolvency of the corporate debtor. 2. Other Individuals and Partnership Firms This category covers individuals and firms facing ...

The Prevention Of Money-Laundering Act, 2002: A Comprehensive Analysis Of India’s Stance Against Financial Crime

   I. Introduction Money laundering is an illicit process of concealing the origins of illegally obtained money. It is a global scourge that undermines the integrity of financial systems and fuels organised crime, terrorism, corruption, and also distorts legitimate economic activities. It poses a grave threat to national security, economic stability, and the rule of law because it transcends into geographical boundaries through sophisticated financial networks. Recognising the severe ramifications of this transnational crime, India, as a responsible member of the international community, enacted the Prevention of Money-Laundering Act, 2002 (hereinafter referred to as "PMLA" or "the Act"). The PMLA came into force on 1st July, 2005 and represents a robust legislative framework designed to combat money laundering , confiscate assets derived from criminal activities, and provide for matters connected therewith or incidental thereto. The genesis of the PMLA can be trace...