Singhania & Partners, the firm of choice for M&A

Singhania & Partners, the firm of choice for M&A

Singhania & Partners was featured among the notable  law firm  by the Asian Legal  Business  magazine  in their  latest M&A ranking published in September 2019.We owe this recognition to our  corporate M&A practice leaders Ravi Singhania, Dipak Rao, Manish Kumar Sharma, Sonil Singhania, Arjun Anand, Rudra Srivastava, Gunjan Gupta and their teams who have worked with a client centred approach to provide high quality services to the clients.

 

The firm’s M&A team works with in-house legal counsels, investment banks, and accounting firm for Strategic Corporate Restructuring, demergers, acquisition and buy-outs. We assist companies pursuing Mergers & Acquisitions in Schemes of arrangement, Restructuring of Capital, Conversion of a Public Company to a Private Company, Takeover of Business Divisions, Winding up Proceedings and vice versa.

 

Asian Legal Business (ALB) is owned by Thomson Reuters, the world’s leading source of intelligent information for businesses and professionals throughout the Asia-Pacific and the Middle East regions.

 

 

INTERNET OF THINGS – INDIAN LEGAL PERSPECTIVE

INTERNET OF THINGS – INDIAN LEGAL PERSPECTIVE

 Dipak Rao & Sana Singh

                                  11/09/2019


 

The internet of things (IoT) is a set-up of interconnected objects, people or systems that process and react to physical and virtual information. It achieves outcomes that aim to improve user experience or the performance of devices and systems. The expression IoT is increasingly being used to define objects that talk to each other.

Consider the following scenario: An alarm-clock transmits one’s wake-up time to the coffee-maker which in turn collects the information to perform the activity of making a cup of coffee available at the appropriate time. Further, the coffee-maker in turn transmits the information to the car to set the temperature inside to comfortable levels by the time one drives. The car in turn indicates the offices electrical switches to be switched on and signals the computer to prepare the schedule.

Simply put, the IoT is made up of several devices – from simple sensors to smartphones and wearables – connected together, which gather and analyze information and help perform a particular task or learning from the process. When many devices act in unison, they are known as having “ambient intelligence”.

The Indian government released a draft ‘Internet of Things Policy’ in 2015, aiming to promote the creation of an IoT ecosystem and development of IoT products specific to Indian needs in areas, inter alia, of agriculture, health, water quality, and natural disasters. Governments around the world are also waking up to the potential of machine-to-machine (M2M) communication in solving metropolitan issues, and increasingly exploring newer concepts to get at par with the changing technological trends.

M2M refers to automated exchange of data between machines, installations, individual modules, and systems – all without human intervention. The stark difference between M2M and IoT arises where M2M focuses on communication among machines. IoT, on the other hand, seeks to build on this concept and connect ‘things’ with ‘systems’, ‘people’, and the likes. M2M, which has been used as a tool for inventory management and fleet tracking, is now recognized as a tool to provide better governance.

Regulations pertaining to M2M communication. National Telecom (NT) Cell, the government body dealing with policy and regulatory aspects related to M2M communication, released a National Telecom M2M Roadmap in May 2015. After this release, the NT Cell formulated KYC (know your customer) norms for SIM-embedded M2M devices, a numbering scheme for M2M, registration of MSP (M2M service oprovider) and M2M pilots. India’s Department of Telecommunication (DoT) sought recommendations from the Telecom Regulatory Authority (TRAI) on roaming issues, spectrum requirement, and quality of service (QoS) in M2M communications. Consequently, TRAI released its consultation paper titled Spectrum, Roaming and QoS related requirements in Machine-to-Machine Communications in October 2016, followed by its recommendations on this consultation paper on 5 September 2017.

The DoT issued a notification on 16 May 2018 for implementing restrictive features for SIM cards used only for M2M communication services and related KYC instructions for issuing M2M SIM cards to organizations providing M2M communication services. The restrictive features, inter alia, include non-transferability of mobile connections, adherence to KYC norms by M2M service providers prior to SIM issuance, calls/sms to be from a predefined set of numbers, and predefined IP addresses for data communication. Emergency numbers such as police and ambulance are exempted from the restrictions. (The full text of the notification is available at:http://dot.gov.in/sites/default/files/M2M%20Guidelines.PDF?download=1 )

Privacy and data protection. With IoT and M2M connecting more things and people to the internet, it will consequentially transform lives especially in the areas of health, home automation, retail and transport. The communication between multiple devices, and enormous data transfer between their users, would result in sharing personal information, thereby raising privacy and data protection concerns. It is imperative that such privacy issues be considered at the first stage.

Protection of sensitive personal data or information is covered under the Information Technology Act 2000 (ITA), and The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011. According to section 43A of the ITA, a body corporate not implementing and maintaining reasonable security practices and procedures in respect of sensitive personal data or information possessed, dealt or handled by it in a computer resource owned, controlled or operated by it, is liable to pay damages to the person so affected for wrongful loss or gain to any person. The Rules mandate the basic principle of privacy law that the body corporate needs to obtain informed consent along with certain privacy compliance practices.

The ITA also imposes stringent penalties of imprisonment up to two years or fine up to 100,000 rupees or both, on any person who secures access to any electronic record, information etc., and who, without consent of the person concerned, discloses such record, information etc., to any other person.

Data ownership and intellectual property rights. Seamless connectivity and communication among devices resulting in large amounts of data generated and prepared by two or more service providers would lead to ownership conflicts.

Under traditional copyright law, a joint ownership in a copyright work is created when prepared by two or more authors who intend that their contributions be merged. It is the intention and not the quantum of contribution that is relevant. One argument is that the mere fact that two entities let their devices interact with each other and create data could reflect the intention of the parties to create joint ownership.

An M2M environment facilitates data generation and content creation including machine generated data. The question that arises is who claims IP rights in content/data generated, when original data is created by interaction of various devices in an M2M environment, which may include a new process of arriving at desired results? Agreements executed between M2M service providers and device manufacturers need to enunciate the ownership of the title and claim to the IP rights, especially considering the fact that the IP rights confer upon the owner a host of other rights like licensing and commercialization of the IP to further exploit its commercial utility. Stringent privacy policies of the M2M service providers would be necessary to safeguard the privacy and protection of the consumer data generated and collected in the M2M environment.

Motor Vehicles (Amendment) Act, 2019 – Revised Penalties for Traffic Violations

Motor Vehicles (Amendment) Act, 2019 – Revised Penalties for Traffic Violations

Amendments to the Motor Vehicles Act  passed by the parliament came into effect on September 1  2019. Below are the revised penalties for any traffic violations.

Section/ Offence Old Penalty Revised Penalties
General (177) Rs 100 Rs 500
Rules of road regulation violation (new 177A) Rs. 100 Rs 500
Travelling without a ticket (178) Rs 200 Rs 500
Disobedience of orders of authorities (179) Rs 500 Rs 2000
Unauthorized use of vehicles without licence (180) Rs 1000 Rs 5000
Driving without licence (181) Rs 500 Rs 5000
Driving without qualification (182) Rs 500 Rs 10,000
Oversized vehicles (182B) New Rs 5000
Over speeding (183) Rs 400 Rs 1000 for LMV, Rs 2000 for Medium Passenger Vehicle
Dangerous driving penalty (184) Rs. 1,000 Upto Rs 5000
Drunken driving (185) Rs 2000 Rs 10,000
Speeding/ Racing (189) Rs 500 Rs 5,000
Vehicle without permit (192A) Upto Rs 5000 Upto Rs 10,000
Aggregators (violations of licencing conditions) (193) New Rs 25,000 to Rs 1,00,000
Overloading (194) Rs 2,000, and Rs 1,000 per extra tonne Rs 20,000, and Rs 2,000 per extra tonne
Overloading of Passengers (194A) N.A. Rs 1000 per extra passenger
Seat Belt (194 B) Rs 100 Rs 1,000
Overloading of two-wheelers (194 C) Rs 100 Rs 2,000 , Disqualification of licence for 3 months
Not providing way for emergency vehicles (194E) New Rs 10,000
Driving without insuarance (196) Rs 1,000 Rs 2,000
Offences by Juveniles (199) New Guardian/ Owner shall be deemed guilty. Rs 25,000 with 3 years imprisonment. Juvenile to be tried under JJ Act. Registration of Motor Vehicle to be cancelled.
Power of officers to impound documents (206) N.A. Suspension of driving licence under sections 183, 184, 185, 189, 190, 194C, 194D, 194E,
Offences committed by enforcing authorities (210B) N.A. Twice the penalty under the relevant section

 

 

THE LEGAL KNOW – HOW FOR START-UPS

THE LEGAL KNOW – HOW FOR START-UPS

Rudra Srivastava, Partner Singhania & Partners LLP joined the panel discussion at the Entrepreneurship Conclave held on 4 September 2019 organised by Vivekananda School of Business Studies, VIPS. This conclave is an annual event of the business school which aims to inspire students to become entrepreneurs and also to make them aware of nuances of entrepreneurship.

Rudra has advised more than 40 start-ups. In this conclave he talked about cautious optimism while working towards realising your start-up dream. He highlighted the importance and need of a Founders Agreement, Employment Laws, Investor-Investee Agreements, Intellectual Property, and Corporate Compliances to ensure smooth functioning of a start–up .

Other speakers in the session included, Mr. Parteek Sharma, Founder Nasofilters; Mr. SIvesh Kumar, Founder-Startup Monks; Mr.Advait Kumar, Co-founder, Swajal Water ATMs; and Mr. Pushpinder Singh, Founder,Travel Khana.

Aura Hotels signs management contract with Vivanta by Taj

Aura Hotels signs management contract with Vivanta by Taj

Arjun Anand, Partner and Meghna Khetrapal, Associate of Singhania & Partners LLP advised Aura Hotels and Resorts Private Limited on a hotel management contract entered into between The Indian Hotels Company Limited (IHCL) and Aura Hotels and Resorts Private Limited for setting up a 100 key Taj Vivanta hotel in Shillong, Meghalaya. The deal marks IHCL’s entry in Shillong, Meghalaya with a Taj Vivanta Hotel. The Taj Vivanta Hotel is scheduled to open in mid- 2020 and is a brownfield project. Read More…