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Corporate
BLC Sideline: Avoiding the indeterminate NDA
Let’s review how a typical Non Disclosure Agreement (NDA) gets signed. Someone pulls a standard template, sends it to the other side, and the Parties sign without ever having any lawyer actually read its terms. Most of the problems this creates are fairly well known- unenforceable damages clauses, conflict of laws issues, overbroad definitions for what actually constitutes “confidential information”, and so on and so forth. Without discounting the relevance of the other usual
3 min read
The BLC Stance: Demat before the deal
When any company acquires a "small" company (as defined in Section 2[85] of the Companies Act, 2013), specifically, where the acquisition results in the acquirer gaining 51% or more of the outstanding shareholding of the target, the acquirer's advisers will often ask that the target's shares be dematerialised before closing. In this BLC Stance, we explain the practical benefits of this position, along with its limitations, so that you can form your own independent stance whil
3 min read
Women Directors as Alternate Directors: Seeking Clarifications
A version of this article was posted on April 13, 2016 on the author’s LinkedIn page, and can be accessed here Introduction In the August of 2015, BASF India appointed Germany-based Andrea Frenzel as a non-executive director to comply with the law on having women directors on company boards.[1] On the same day it appointed N J Baliga, a male, as an alternate director to attend meetings in place of Frenzel.[2] Proxy firm Shareholder’s empowerment Services (“SES”) has termed th
8 min read
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