The term beneficial owner wasn’t defined under the Press Note 3 of 2020, and the FEMA (Non-debt Instruments) Rules, 2019. Hence, there existed a dichotomy in the industry, as to the ownership thresh...
Published On: 24/05/2023
Practice Area: Corporate & Commercial, Private Equity, Venture Capital and Fund Investment, Mergers & Acquisitions
Authors:
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Avimukt Dar
Rashi Saraf
Amit Iyer
India’s increasingly robust approach towards corporate fraud has helped in a significant level of fraud detection in public as well as private companies. The statutory and investor driven imperative to adhere to high standards of corporate governance leads to significant exposure for non-executive directors who may not have breached their fiduciary duties but could still have tripped up on their duty to exercise diligence. Our Partners Avimukt Dar and Rashi Saraf and Senior Associate Amit Iyer, provide a high level analysis of directors’ liabilities and duties of skill and care under the Indian legal framework, and also recommend steps to be followed by directors to mitigate risks associated in the course of performance of their duties.
