Title Image

Others

The Inclusion of Entities Involved in Religious and Charitable Activities under PMLA

Recently, the government of India has expanded the scope of the PMLA to include non-profit organizations involved in religious and charitable activities.

Why have religious and charitable organizations been included under the PMLA?

Religious and charitable organizations have been included under the PMLA because there have been instances where these organizations have been misused for money laundering and other illegal activities. By bringing them under the scope of the PMLA, the government hopes to prevent such activities and ensure that these organizations are transparent and accountable.

What does this mean for these organisations?

This means that religious and charitable organizations will now be subject to the same rules and regulations as other entities under the PMLA. This includes registering with the authorities, verifying their identity, and keeping accurate records of their transactions.

Does this mean that all religious and charitable organisations are engaged in illegal activities?

No, this does not mean that all religious and charitable organizations are engaged in illegal activities. In fact, the many such organizations are doing great work in serving their communities and helping those in need. The inclusion of these organizations under the PMLA is simply a measure to prevent misuse and ensure that they are operating in a transparent and accountable manner.

What is the goal of including these organisations under the PMLA?

The goal of this is to prevent money laundering and other illegal activities and promote transparency and accountability in the non-profit sector in India. It is important for all organizations to comply with the rules and regulations under the PMLA to prevent illegal activities and promote a safe and secure environment for all.

In conclusion, the inclusion of entities involved in religious and charitable activities under the PMLA is a positive step towards ensuring transparency and accountability in the non-profit sector in India. It is important for all organizations to comply with the rules and regulations under the PMLA to prevent illegal activities and promote a safe and secure environment for all.

0

Beyond PMLA – The Future of Cryptocurrency in a Regulated World

Crypto currency transactions have been gaining popularity worldwide, as they provide a decentralized platform for financial transactions. However, with the increase in use of crypto currency, there is also an increase in the risk of it being used for illegal activities such as money laundering. In order to combat this, the Indian government has included crypto currency under the Prevention of Money Laundering Act (PMLA) 2002.

The PMLA is a law that aims to prevent illegal activities such as money laundering and terrorism financing. It requires financial institutions to keep records of all transactions and report any suspicious transactions to the authorities. With crypto currency now being included under this act, users of crypto currency must follow the same rules and regulations as traditional financial transactions.

Users of crypto currency must register with the authorities to be able to buy or sell crypto currency, verify their identity through a Know Your Customer (KYC) process, maintain accurate records of their transactions, and report any suspicious transactions to the authorities. Financial institutions that deal with crypto currency must implement KYC procedures and monitor transactions for suspicious activity.

Following the rules and regulations under the PMLA can help to keep the crypto currency industry safe and secure for everyone. By implementing KYC procedures and monitoring transactions, financial institutions can detect any suspicious activity and report it to the authorities. This helps to prevent illegal activities such as money laundering and terrorism financing.

In conclusion, the inclusion of crypto currency under the PMLA is a positive step towards ensuring the safety and security of financial transactions. Users of crypto currency must follow the rules and regulations under the PMLA to prevent illegal activities, and financial institutions must implement measures to monitor transactions for suspicious activity. By working together, we can help to keep the crypto currency industry safe and secure for everyone.

0

Budget Expectations 2023 – Customs & Amnesty

#Budget2023 is the prime focus right now and with it are the #budgetexpectations! Business, industries and sectors are sharing their expectations from the upcoming Budget which will be released tomorrow.

Watch on #LawWiser pre-budget expectations Customs & Amnesty, as shared by Ritesh Kanodia, Partner, Economic Laws Practice (ELP). He shares insights on the proposed Customs Amnesty Scheme. He also shares how similar schemes introduced for Direct tax regimes were successful.

Tune in to watch and understand

– What is the proposed Customs Amnesty scheme

– Why there is such a huge demand for this scheme

– The need for such scheme in Customs

0

National Automobile Scrappage Policy (Key Features)

In India, on an average approx. 12 billion new vehicles are added annually that spew noxious pollutants and at the same time huge number of automobiles are becoming old which further accelerates the growth of pollution.  

One of the major highlights of Union Budget 2021-2022 was the announcement of vehicle scrappage

policy.

The policy aims to create an environment friendly ecosystem by elimination of unfit and polluting

vehicles. The intention behind implementation is also to promote and encourage cleaner emissions,

fuel emissions and better safety. It is important policy as older vehicles pollute the environment 10-

12 times more than normal vehicles.

Watch LawWiser video on National Automobile Scrappage policy with Avani Shukla, Lawyer & Growth and collaborations at lawWiser. In this video, Avani will help you understand what does this policy means and its significance?

She will help us understand key features of National Automobile Scrappage policy. 

Stay tuned for more such updates!

0

How MSMEs can be part of Global Value Chain? | Sanjay Notani | LawWiser

We all are aware of the role of MSMEs in shaping the Indian economy and now they also have various opportunities to tap globally. The Government of India has been consistently working with various countries such UK, Japan, Australia, the UAE, the European Union and many other countries for Free-Trade Agreements (FTAs). This is aimed to provide diverse export opportunities and open a wide market for MSMEs in India. 

Watch Sanjay Notani, Partner, Economic Laws Practice (ELP) on LawWiser’s explainer on How MSMEs can be part of a Global Value Chain. 

Sanjay very interestingly shares some key data providing insights on MSME about the MSMEs, how they constitute nearly 40 per cent of total exports, and more than half of them

are located in rural India. As per the data, India’s share of overall export to the USA is 15.30%, UAE 11.50%,

Hong Kong 4.60%, China 3.60%, and the United Kingdom 3.40%, respectively 7 and 40%

of this total export was by MSMEs. Out of all the existing MSMEs, 31% are engaged in the manufacturing sector and the remaining others are engaged in the service sector. Out of these 69% service sector MSMEs, almost 36% are engaged in trade.

He also shares the challenges faced by MSMEs and the steps taken by the Govt. He starts by highlighting the pain points of the market and taking us through the aspects of special and differential treatments. Aspects relating to Ethical Trade Imperatives (ETI) are also discussed. ETI imposes additional compliance burden through requirements such as those related to (not indulging in) child labour, observing work hours, health and safety of workers, wages and environment. 

Lastly, he takes us through the geopolitics impact on the Indian MSME. India’s exports to Ukraine and Russia have mostly been led by MSMEs and hence, the current crisis may hit MSME exporters with multiple challenges such as delay in shipments, late payments, damage to consignments, and more.

 Sanjay discusses all this and much more interesting aspects about how MSMEs can be part of a global value chain, watch the full video now. 

0

World Autism Awareness Day 2022

This #worldautismawarenessday watch parent advocates Gopika Kapoor, and Mohit Kapoor, share their experiences with Lavanya Behl on LawWiser.

Gopika tells us about neurodiversity and neuro-developmental disabilities, and diversity and inclusion initiatives that can be implemented to hire autistic talent. She also shares insights on her recent book ‘Beyond the Blue’, which is a window into their family’s journey with their son.

Mohit further talks about government acts, policies, initiatives which have been created to benefit neurodiverse people. He sheds light on how business owners can look at the value an autistic person can add to the team and the challenges faced by them due to the way in which the mainstream education system is designed.

Let’s unite together today to make a better world for differently gifted minds because what makes you different is what makes you beautiful.

Happy World Autism Awareness Day!

1

Role of In-House Counsel – Adapting to different Jurisdictions |Saloni Tuteja

Lawyers are always learning and adapting to new laws. Over time depending on opportunities, they also adapt to different roles from law firm professional to independent to in-house counsel.

The role of an #inhouse counsel as we know is diverse and they work with a variety of laws depending on the business they support. At times working with their counterparts in different jurisdictions. This may be an advantage when they switch working to another jurisdiction. However, it may come with certain challenges, and it is always helpful to hear from someone who has the experience of working in different jurisdictions.

Watch this super engaging #LawWiser video with Saloni Tuteja, Regional Legal and Business Conduct Counsel, Middle East, Gilead Sciences, hosted by our consulting editor @Sania Husaini video on the Role of an In-House Counsel: Adapting to different jurisdictions.

We understand the journey of such transitions and hope many legal professionals can take cues for considering such transitions when an opportunity arises.

Tune in now and watch Saloni sharing
 the myths around changing jurisdictions
 Can Indian Lawyers take the opportunity to work in another jurisdiction?
 challenges that are faced in transitioning or adapting to practices of different jurisdictions
 how to be better prepared for such opportunities

Follow @LawWiser for more interesting and engaging content for the legal community and businesses.

0

Pre-Construction Approvals for Manufacturing Factories

The aim of the Indian legislature has been to streamline the process but not make it cumbersome. For the set-up of a Manufacturing factory in India, a manufacturer is required to obtain pre-construction approvals from various government authorities. The requirements may vary from state to state, however, standard approvals are essential in all states and union territories in India.

In this video of LawWiser, understand Pre-Construction Approvals for Manufacturing Factories by Amrita Grover, Senior Associate, Athena Legal. She discusses all such standard pre-construction approvals required for setting up Manufacturing Factories in India. 

Amrita takes us through some important pointers to keep in mind for such pre-construction approvals like,

-License for the set-up of the Manufacturing Unit

Under the provision of Section 4 of the Factories Act, for the construction of a manufacturing unit, the manufacturer is required to obtain, either registration or Industrial Entrepreneurs’ Memorandum or Industrial License, depending on the business format. The same may be obtained from either the District Industry Centre in the case of Small Scale Industries (SSI) or the Secretariat of Industrial Assistance (SIA) in the case of large and medium industries.

– Identification of Land/Plot/Building/Shed:

For the set-up of a Unit, the first and foremost step will be the identification of a land/plot/building for its establishment and gaining a title. The title obtained must enable the manufacturer to set up the unit. Such land may be obtained either through the corporations or by the Manufacturer on its own. However, or the gaining of a title either a registered sale deed or a registered lease deed must be executed in the name of the manufacturer. The Manufacturer must ensure that there are no encumbrances on the acquired title as the same can have fatal effects on the business initiated in the premises.

– Important NOCs and consent under Water and Air Pollution Control Acts:

With industrial growth, the protection of the environment has become an increasing concern and therefore, an industrial set-up requires approvals and clearances to be obtained from the State Pollution Control Board for the proposed set-up by declaring the level of pollution that may be caused.

Watch the full video to understand all these pre-construction approvals better. 

Stay tuned to LawWiser for such insightful content. 

0

National Manufacturing Competitiveness program

Tune in to watch the LawWiser video on National Manufacturing Competitiveness Program by Ramanpreet Singh Sidhu, Associate, Athena Legal. In this video Ramanpreet explains this program and details of various schemes that are offered under this for MSMEs. 

National Manufacturing Competitiveness Program (NMCP) was introduced in 2014, essentially with an aim to enhance the competitiveness of MSMEs in domestic and global markets. The Ministry of MSME in conjunction with the National Manufacturing Council highlighted the 10 components of the program. 

He also shares some of the important schemes under the NMCP like,

-Lean Manufacturing Scheme – 

This scheme is aimed at increasing competitiveness through reduced wastage in manufacturing by implementing suitable techniques. This is implemented through the Quality Control Council of India and the National Productivity Council.

– Technology and Quality Upgradation Support for MSME Scheme

This is one of the most important schemes of the NMCP. Keeping in mind the relative dearth in availability of technology and quality, high price, and its critical role in manufacturing units, this scheme aims to implement energy-efficient techniques in manufacturing via Energy Efficiency and Product Quality certifications, encouraging MSMEs to acquire licenses through international bodies, adopting techniques that adhere to global industry standards, and setting up Clean Carbon Accreditation Centres that will encourage clean energy practices among MSME.

– Promotion of ICT in Indian Manufacturing Sector

This ICT scheme encourages and assists the manufacturing MSME clusters to adopt ICT tools and applications in their businesses, thereby improving the productivity and competitiveness in national and international markets among these clusters.

– Entrepreneurial and Management Development of Small and Micro Enterprises through

Incubators

This aims to provide basic financial assistance and advice to innovative business ideas t help attract venture capital. This is to be done with the help of Business Incubators in the form of technical institutions that will provide ten business enterprises with workshops, facilities and expertise.

Watch the full video to know all about these and such other important schemes under the NMCP. 

0

Interface between Insolvency & Bankruptcy Code and Admiralty Act

Watch now LawWiser’s Explainer with Zoeb Cuttlerywala, Associate Partner, Phoenix Legal, on “Interface between Insolvency & Bankruptcy Code and Admiralty Act”. The interplay between IBC and Admiralty Act has caught everybody’s attention with a very recent ruling of the Bombay High Court in the commercial admiralty suit between Angre Port Private Ltd. v/s Vessel TAG 15. Watch Zoeb explaining in detail the facts of the case along with the issues involved and the findings by the Bombay High Court. He also states that this matter has brought clarity to important issues governing Admiralty law and insolvency law. #Commercial #Banking #IBC #Bombay #Highcourt #Admiralty #Insolvency #Explainer #Suit #Legalupdate #Legalvideo #Video

0