Recognition for Eshwars Corporate/M&A Practice and Intellectual Property Practice

“We at Eshwars are happy to share that our firm has been recognised as a Notable Law Firm by Asialaw under Asia Law Profiles in their 2021 rankings. This recognition is received for both Corporate and M&A Practice and Intellectual Property Practice”

Client’s feedback to Asialaw:

“The firm provides a client-centric and transparent approach. It is flexible to the client's changing business requirements. It values the client’s goals and objectives over its short-term billing objectives and is flexible and reasonable on fee quotes.”

N.V. Saisunder - “He is readily available and sensitive to client requirements.”

We thank you all for your continuous support to our firm Eshwars | House of Corporate & IPR Laws, which has made this possible. We look forward to working more with you and your organisation”

Click here to view Asialaw rankings

GRAFFITI #1

MINISTRY OF CORPORATE AFFAIRS UPDATE:

A. EXTENSION OF TIME FOR HOLDING OF ANNUAL GENERAL MEETING (AGM) FOR THE FINANCIAL YEAR 31-03-2020:

The Companies Act (“Act”) mandates that AGM is to be held taking two time periods into account, viz

(i) Gap between two AGM’s should not be more than 15 months; and
(ii) AGM should be held within six months from the close of financial year. Act mandates all companies to close their financial year as on 31st March of each year.

Companies, which are unable to hold their AGM within the aforementioned timelines, may approach the respective Registrar of Companies by way of an application, giving reasons for seeking extension of time, to conduct the AGM, by a period of three months, and ROCs may at their discretion approve the same.

For the AGMs to be held for the financial year ending 31st March 2020, in view of the pandemic situation, ROCs felt the need to invoke the powers vested on them, and have given a blanket extension of time to all the companies within its jurisdiction, by a period of three months, without any independent application to be made by the company. Hence all companies which were not able to hold the AGM before 30th September 2020, may hold their AGMs on or before 31st December 2020.

B. EXTENSION OF TIME UNDER COMPANIES FRESH START SCHEME 2020 (CFSS) [GENERAL CIRCULAR NO. 30 / 2020 DATED 28TH SEPTEMBER 2020

Ministry of Corporate Affairs (MCA) vide aforementioned circular, had extended the time given under CFSS scheme for the companies till 31st December 2020 from 30th September 2020. Our Article on the original circular dated 30th March 2020 can be accessed from CFSS.

C. EXTENSION OF TIME UNDER LLP SETTLEMENT SCHEME 2020 [GENERAL CIRCULAR NO. 31 / 2020 DATED 28TH SEPTEMBER 2020

Ministry of Corporate Affairs (MCA) vide aforementioned circular, had extended the time given under LLP Settlement scheme for the LLPs till 31st December 2020, from 30th September 2020. Our Article on the original circular dated 30th March 2020 can be accessed from LLP Settlement Scheme.

GRAFFITI #2

DETERMINATION OF ROYALTIES FOR STATUTORY LICENSE OF RADIO BROADCASTING

On 22nd September 2020, Intellectual Property Appellate Board(IPAB) released a public notice, which can be accessed on https://copyright.gov.in/Documents/PublicNotice43_1.pdf wherein IPAB informed all the stakeholders its intention to fix the royalties for broadcasting of the sound recordings through radio and has invited suggestion for the same within 30 thirty days of the publication of the said notice. The notice was issued pursuant to Section 31D of the Copyright Act 1957(“Act”) read with Rule 31 of the Copyright Rules 2013. Section 31D deals with statutory licensing for broadcasting of literary and musical works and sound recordings and enables broadcasting organisations to broadcast or perform any literary or musical works and sound recordings by issuing a prior notice of such intention to broadcast the said works and by paying royalty to the rights holder, as fixed by the Intellectual Property Appellate Board (IPAB). This public notice was issued by IPAB subsequent to Read More

GRAFFITI #3

GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) (AMENDMENT) RULES, 2020:

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, has recently notified the Geographical Indications of Goods (Registration and Protection) (Amendment) Rules, 2020 (“GI Rules”), which came into force on 26th August, 2020. The primary focus of the amendments are in relation to the simplification of procedures regarding the registration of Authorised Users under the GI Act and the GI Rules.

It is to be noted that under the GI Act and GI Rules, any person can apply to his products a Geographical Indication (GI) registered and recognised under the GI Act, only when he is specifically authorised as per the extant provisions prescribed thereunder. A producer of goods can apply for Read More

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