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  • By Cyril Shroff, managing partner, Alice George, principal associate and Smruti Shah, senior asssociate, Amarchand & Mangaldas
  • In a series of decisions and orders over the past year, the Securities and Exchange Board of India (Sebi) has taken a stance against the use of put and call options over shares in agreements and contracts. Though yet to consolidate and be deemed law, practitioners and market observers are concerned with this particular development.
  • Bombay Stock Exchange - will it facilitate exits in 2012 Private equity activity in India has picked up steam in the first half of 2011, with both deal volume and deal value expected to exceed the numbers recorded in 2010. Practitioners are excited at the prospect of more realised transactions in this market, although the execution and follow through of deals remains a challenge.
  • Private equity investors welcomed April’s FDI Policy, which has incorporated important changes in an effort to encourage and promote foreign investment in India. One of these involved the allowance of price/conversion formulas to be used in relation to convertible capital instruments, and some lawyers have noted its immediate effect in augmenting FDI inflows in recent months
  • The Consolidated FDI Policy, effective from April 2011, abolished Press Note 1 and allowed foreign companies to freely set up joint ventures with domestic partners. This development was a welcome step for lawyers and investors, and is a sign of the Indian government’s resolve to encourage foreign investment.
  • The Vedanta Resources-Cairn India deal was first announced mid-way through 2010. As we approach the final quarter of 2011, the transaction is just crossing the finishing line with approval from the government.
  • Companies such as Patni Computers may need the support of private equity funding to develop The level of pragmatism in decision making in Indian businesses is on the rise, say practitioners. Recent observations from the legal market have indicated that while strategic vision and emotion remain integral considerations for business decisions, Indian promoters have grown more pragmatic.
  • An update from the Department of Telecommunications (DoT) on security clearance procedures has tightened rules regarding telecommunications equipment. The new amendments – introduced to the Unified Access Service and the Cellular Mobile Telephone Service Licence Agreements (Security Regulations) – are part of a wave of increased telecommunications security mandated by the central government since 2009. These changes affect all foreign vendors and licensed telecommunications companies.
  • As group general counsel of a US$30 billion conglomerate that derives 60% of its revenues from outside its home jurisdiction, Aditya Birla’s Ashok Gupta is ideally placed to comment on efforts to lure greater foreign investment
  • The notification of the Data Privacy Rules on April 11 2011 ushers in a new regulation that will have far-reaching effects on India’s IT, telecommunications and related service sectors. The notified rules provide guidelines for the collection and usage of personal information or data.