Publications
COMPANY LAW UPDATE: FAST TRACK MERGER AMENDMENTS
The Ministry of Corporate Affairs (MCA), by notification G.S.R. 603(E) dated 4th September 2025, has introduced the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2025. These rules expand the ambit of fast-track mergers under Section 233 of the Companies Act, 2013. The reform is intended to ease restructuring, reduce dependence on the National Company Law Tribunal (NCLT), and shift simpler schemes to an administrative route through the Regional Director (RD).
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UNLAWFUL FLAT OCCUPIERS AND CROSS-BORDER LAWSUITS: WHAT THE CJEU SAYS?
Do the courts of the Member State where the unlawfully occupied housing is situated have exclusive jurisdiction over claims for compensation for the non-contractual use of a real property? Can such compensation be regarded as a matter relating to tort? Can an occupant residing in a different Member State than the other occupants be sued together with them as anchor defendants? To know the answers, read our article which analyses a fresh judgment of the CJEU.
Smartlegal Schmidt&Partners reports from Hungary:
THE EU DATA ACT WILL BE APPLICABLE WITHIN 30 DAYS – ARE YOU READY TO COMPLY?
The EU Data Act, adopted in 2023, will be enforceable from 12 September 2025, except for some parts that will come into force later in 2026. The Data Act is a cornerstone of the EU’s Strategy for Data, aimed at tackling down data monopolies and boosting Europe’s data economy, promoting sharing, innovation, and fair value distribution across stakeholders. In our article, we summarize the scope and key aspects of the legislation.
REGULATORY UPDATE: FOREIGN EXCHANGE MANAGEMENT (GUARANTEES) REGULATIONS, 2025
The Reserve Bank of India (“RBI”) has issued the draft Foreign Exchange Management (Guarantees) Regulations, 2025 (“Draft Regulations”) on 14 August 2025 for public feedback. Replacing the 2000 framework, the Draft Regulations shift from a transaction-specific approach to a principle-based regime, introducing mandatory reporting and extending compliance responsibilities for persons resident in India involved in cross-border guarantee arrangements. [Click here to view the draft issued by RBI.]
LITIGATION UPDATE: INDIVIDUALS LIABILITY IN CASE OF ONE PERSON COMPANY
On 3 July 2025, the High Court of Bombay passed an Order setting aside directions passed by Arbitral Tribunal imposing personal liability on sole shareholder of One Person Company (OPC).
REAL ESTATE UPDATE: MAINTENANCE LEVY IN CONDOMINIUMS
This case concerns a recent decision dated 4 August 2025 by the Bombay High Court in the case of Sachin Malpani and Ors. vs. Nilam Patil and Ors. The writ petition questioned the method of levying maintenance charges in a registered condominium under the Maharashtra Apartment Ownership Act, 1970 (“the Act”), and challenged the jurisdiction of the Deputy Registrar of Co-operative Societies in directing such charges to be apportioned based on undivided share.
REGULATORY UPDATE: THE NATIONAL ARTIFICIAL INTELLIGENCE TECHNOLOGY REGULATORY AUTHORITY BILL 2024
The National Artificial Intelligence Technology Regulatory Authority Bill, 2024 (Bill), proposes the establishment of the National Artificial Intelligence Technology Regulatory Authority (NAITRA) as India’s central AI regulator to oversee ethical AI deployment, address risks like deepfakes and algorithmic bias, and ensure compliance. While it marks a significant legislative step, the Bill’s effectiveness will depend on timely implementation, clarity in rule-making, and adaptability to AI’s evolving challenges.
Litigation Update: Suspicious Circumstances Can Invalidate a Will
The Hon’ble Supreme Court of India, in its judgment dated 17 July 2025 in Gurdial Singh (Deceased) through LR v. Jagir Kaur (Deceased) and Another, declared a will invalid due to suspicious circumstances surrounding its execution. For more details, refer to the full judgment.
RERA UPDATE- CLARIFICATION ON RIGHTS OF FLAT PURCHASERS AND THE DUTIES OF DEVELOPERS
The case of Linker Shelter Private Limited v. Charmaine Chougule, the Bombay High Court provided important insights into the rights of allottees to withdraw from a real estate project, the obligations of developers regarding possession and documentation, and the scope...
Company Re-Domiciliation to UAE Free Zones Navigating the Legal Framework for Seamless Corporate Migration
Dubai and the wider United Arab Emirates have established themselves as a premier global business destination, attracting ambitious entrepreneurs and multinational corporations alike. For international entities considering company migration to the UAE, re-domiciliation into a UAE Free Zone offers an efficient path to tap into the region’s dynamic economic opportunities. As of July 2025, the legislative framework governing re-domiciliation in the UAE continues to evolve. While the UAE Federal Decree Law No. 32 of 2021 on Commercial Companies (which replaced Federal Law No. 2 of 2015) does not currently provide for re-domiciliation onto the UAE mainland, a growing number of Free Zones have enacted robust regulations to facilitate this process. According to the UAE Ministry of Economy and recent guidance from major Free Zone authorities, these specialized zones are setting the standard for corporate re-domiciliation in the region.