From The Firm

Notes on the law, from our desk to yours

Short, practical reads on data privacy, corporate law, real estate and the other areas we practise in, written by the Prospero Legal Services team.

DRAFT E-Commerce Guidelines issued by BIS: Key Takeaways

What the BIS draft e-commerce guidelines mean for online platforms, from KYC verification and transparent listings to data protection.

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An Introduction to the Digital Personal Data Protection Act

What the DPDP Act means for anyone collecting or processing personal data in India, and what it means for the rest of us handing that data over.

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Understanding Shareholders Agreements

A founder's guide to the key terms in a shareholders agreement, from anti-dilution protection to exit clauses and drag-along rights.

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Qualified Private Placements for a Fast-Paced Business Transaction

What private placements are, why companies use them, and the criteria that apply to a Qualified Institutional Placement.

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Can a Signatory Be Deemed to Be a Drawer of the Cheque?

A Bombay High Court ruling that gives authorised signatories some relief from liability when a company cheque bounces.

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Legal Implications of “Cheque Bounce”

What amounts to a cheque bounce under the Negotiable Instruments Act, the complaint procedure, and the penalties that follow.

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A Comment on SEC v. Ripple

A significant ruling in favour of cryptocurrency platforms, and what it could mean for how India eventually regulates crypto assets.

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The Importance of Legal Due Diligence

What legal due diligence covers, how the process works, and why it protects investors and businesses alike.

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Guidelines on Digital Lending in India

RBI's digital lending framework sets out how regulated entities and lending service providers must handle customer acquisition and recovery online.

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The Genesis of Green Deposits

Why the RBI introduced a framework for green deposits, and what regulated entities need to do to comply.

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Debentures: Key features and types

What debentures are, their key features, the different types issued by companies, and the rules that govern their issuance.

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Use of E-KYC Aadhaar Authentication Services in Securities Market

How SEBI-notified reporting entities can use Aadhaar e-KYC authentication services under the PMLA.

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Key Clauses in a POSH Policy

The essential clauses every employer should include in a POSH policy under the Sexual Harassment of Women at Workplace Act, 2013.

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Key Clauses in a Maternity Benefit Policy

What the Maternity Benefit Act requires of employers, and the clauses every maternity policy should include.

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Compliances for e-commerce entities under Legal Metrology Act, 2009

The declarations, disclosures and penalties that apply to e-commerce entities under the Legal Metrology Act.

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General & Special Measures for Employment of Women

The safety measures Maharashtra employers must take for women employees, including those working night shifts.

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Decentralised Finance (DeFi) & its legal implications

What DeFi is, how it works on blockchain networks, and the legal and practical implications of decentralised lending.

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DAO and its legal implications

How Decentralised Autonomous Organisations operate on smart contracts, and the open legal questions around their enforceability.

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Blockchain: A Decentralised Ledger

How blockchain and distributed ledger technology work, and their emerging legal implications.

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Importance of Privacy Policy

The legal basis for having a privacy policy under India's IT Act, and what a compliant privacy policy should cover.

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Do you need Terms of Use for your website?

The key clauses every website's terms of use should cover, from acceptance of terms to intellectual property and disclaimers.

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Who is an Officer-in-Default under Companies Act, 2013?

How the Companies Act defines an Officer in Default, who is held liable for non-compliance, and what the case law says.

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Guidelines for Advertisement and Promotion of Virtual Digital Assets

ASCI's guidelines require a mandatory risk disclaimer whenever cryptocurrencies or NFTs are advertised or promoted.

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How to apply for a Marriage Certificate in Mumbai?

A step-by-step guide to applying for a marriage certificate online through the BMC's portal.

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Non-Compete Clause: Is It Enforceable in the Court of Law?

How Indian courts interpret non-compete clauses during and after employment under Section 27 of the Contract Act.

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NBFCs and Fintech: Restructuring the Indian credit industry

How the collaboration between NBFCs and fintech companies is reshaping lending in India.

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Types of Non-Banking Financial Companies in India

How NBFCs are categorised by liability and asset size under RBI regulations.

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NBFC Series: What are NBFCs and how are they different from Banks?

The role NBFCs play in India's economic development, and the key differences between NBFCs and banks.

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What is a Copyright ID Claim and Copyright Takedown on YouTube?

How YouTube's Content ID system and DMCA takedown mechanism work, and the consequences of a copyright strike.

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Quick guide on ESOP Policy

What an ESOP policy is, the clauses it should include, and the disclosures a company must make.

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ESOPs Series: Tax Implications

How ESOPs are taxed for employees at the time of allotment and at the time of sale.

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ESOP Series: Basics of Stock Options for Employees

ESOPs let employees buy company stock at a pre-determined price in the future. Here is what to know before signing up.

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Is cryptocurrency legal in India?

Where the law on cryptocurrency in India stood as courts and the government weighed taxation, regulation and an outright ban.

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Essential Clauses of an Employment Agreement

The clauses every employment agreement should cover, from remuneration and non-compete to term and termination.

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Importance of Share Transfer Agreement

Why a Share Transfer Agreement matters when shares change hands, and the key terms it should capture.

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All You Need to Know About Licensing Agreements

How licensing agreements let businesses generate revenue from their intellectual property, from tech to entertainment.

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Non-Fungible Tokens: An Emerging Concept

What an NFT is, how it differs from cryptocurrency, and how Indian law currently treats these digital assets.

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Is an MOU really enforceable?

The difference between a contract and a Memorandum of Understanding, and when an MOU can be legally enforced.

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Ancestral Property & Self-acquired Property

The difference between ancestral (coparcenary) property and self-acquired property under Hindu succession law.

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Importance of Technology Development Agreement & key clauses

The key clauses a technology development agreement should cover, from services and IP to testing and confidentiality.

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