The Firm

O.P. Khaitan & Co. is a highly reputed, skilled and professionally managed law firm based in New Delhi. The members of the Firm are qualified from National and International Universities and have vast, extensive and rich legal experience and wide national/international exposure in their respective practice areas. The Firm’s paramount concept of “Client Satisfaction” is the backbone of its work culture and the Firm takes great pride in consistently adopting the highest international standards for clients’ satisfaction.

Practice Areas

O.P. Khaitan & Co.’s practice extends across diverse sectors of industry and services. We offer a full range of legal services across a broad spectrum of practice areas that includes Corporate, Mergers and Acquisitions, Financial Services, Energy and Infrastructure, Disputes, Competition, Capital Markets, Employment, Real Estate, Tax…

  • Dispute Resolution
    Dispute Resolution A separate and active litigation department of the Firm equipped with experienced personnel in their respective fields handles all type of civil, corporate, insolvency & bankruptcy, constitutional, tort and criminal and intellectual property related litigations for National & International Clients. With its language abilities and contacts with lawyers and law firms in other parts of India, the Firm handles cases of all nature in. LEARN MORE
  • Mergers & Acquisitions
    Mergers & Acquisitions The Firm is one of the leading law firms in the field of arbitration and is actively involved in the Arbitration and Alternate Dispute Resolution at National and International levels and advises on and handles the following: LEARN MORE
  • Real Estate
    Real Estate The Firm advises a suitable structure for real estate funds from an Indian legal, tax and regulatory perspective and in undertaking related documentation and also advises clients on implementation of SEZ projects throughout India. LEARN MORE
  • Insurance and Reinsurance
    Insurance and Reinsurance The Firm is acting for leading insurance and reinsurance companies, agents and brokers, underwriters, commercial & investment banks in India and overseas. LEARN MORE
  • International Trade
    International Trade The Firm’s expertise lies in providing services and advice on all types of commercial and banking transactions including negotiations and documentation. LEARN MORE

    Awards and Accreditation

    Knowledge Centre

    Find the latest changes in the legal landscape that potentially affect your business. At O.P. Khaitan & Co. we are able to support you on all legal developments, from changes in legislation and case law to regulatory reforms.

    News Alerts

    Determine the seat of arbitration – a fresh perspective by the supreme court of India – hardy exploration

    September 25, 2018

    Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations

    October 9, 2018

    IBBI amends the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations

    October 11, 2018

    Liberalization of External Commercial Borrowings (ECB) Policy

    October 3, 2018

    • On 17 January 2020, the Ministry of Law and Justice (Department of Legal Affairs) of India issued a notification declaring the United Arab Emirates (the "UAE") to be a "reciprocating territory" under Section 44A of the Indian Code of Civil Procedure 1908.
    • The Indian Stamp Act amendments are set to come into force from 1 April 2020. Pursuant to the Amended Stamp Act, the Indian Stamp (Collection of Stamp Duty through Stock Exchanges, Clearing Corporations, and Depositories) Rules 2019 (Rules) have been enacted.
    • Amendments have been introduced to the Coal Mines Act and the Mines and Minerals (Development and Regulation) Act, 1957by way of the Mineral Laws (Amendment) Ordinance, 2020 (Ordinance) dated 10 January 2020.
    • On 6th January 2020, the Insolvency and Bankruptcy Board of India ("IBBI"/ "Board") notified the Insolvency and Bankruptcy Board of India (Liquidation Process) (Amendment) Regulations, 2020.
    • On 26 December 2019, SEBI notified amendments to the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 (ICDR Regulations) and the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 to streamline the process and reduce the time taken for rights issues undertaken by listed companies.
    • Employees’ Provident Funds & Miscellaneous Provisions (Amendment) Bill, 2019
    • Remaining Provisions of Companies (Amendment) Act, 2019 Notified (Except CSR Related)
    • Recent Amendments to the Companies Act, 2013
    • Recent Amendments to SEBI Takeover Regulations and Insider Trading Regulations
    • MCA Circular Clarifying Section 232(6) of the Companies Act, 2013
    • The Arbitration and Conciliation (Amendment) Act, 2019 – Key Highlights

    June - 2021
    Supreme Court Laid To Rest The Quandary On Whether Indian Parties Can Choose A Foreign Seat Of Arbitration
    (PASL Wind Solutions Private Limited Vs GE Power Conversion India Private Limited)

    There had been uncertainty that a foreign seated arbitration made under an arbitration agreement between Indian parties could be susceptible to challenge in the courts. On 20th April 2021, the Supreme Court of India (“Court”) in the case of PASL Wind Solutions Private Limited (“Appellant”) vs GE Power Conversions India Private Limited (“Respondent”) has settled a fundamental question in arbitration law by deciding that Indian parties are entitled to elect a foreign seated arbitration. This landmark ruling re-establishes the principle of party autonomy. The Court further placed a principle that awards passed in such cases will be characterized as a foreign award which will then be enforceable under the contours of Part II of the Arbitration and Conciliation Read More...

    REGULATORY UPDATES
    Companies (Incorporation) Fourth Amendment Rules, 2021 substitutes e-Form No.INC-35 with FORM NO. INC–35 | AGILE-PRO-S [Pursuant to rule 38A of the Companies (Incorporation) Rules 2014]

    TThe Ministry of Corporate Affairs has vide its notification dated 07.06.2021 released the Companies (Incorporation) Fourth Amendment Rules, 2021 in order to further amend the Companies (Incorporation) Rules, 2014 and has made amendments in e-Form AGILE PRO. The purpose of this amendment is to add the facility of obtaining Shops and Establishment Registration in the e-Form AGILE-PRO Form and consequently the existing form is replaced by “AGILE-PRO-S”. The Company can now avail registration in Shops and Establishment also with filing of AGILE-PRO-S Read More...

    https://www.mca.gov.in/bin/dms/getdocument
    Clarification On Eligible CSR Activities Under Companies Act, 2013 In Light Of COVID Pandemic

    MCA has vide its circular dated May 5, 2021 clarified that spending of CSR funds for COVID-19 is an eligible CSR activity, it is further clarified that spending of CSR funds for ‘creating health infrastructure for COVID care’, ‘establishment of medical oxygen generation and storage plants’, ‘manufacturing and supply of Oxygen concentrators, ventilators, cylinders and other medical equipment for countering COVID-19’ or similar such activities are eligible CSR activities under item nos. (i) and (xii) of Schedule VII of the Companies Act, 2013 relating to promotion of health care, including preventive healthcare, and disaster management respectively Read More...

    https://www.mca.gov.in/Ministry/pdf/GeneralCircularNo9_05052021.pdf
    Relaxation In Timeline And Applicable Fees Under The Circular:

    Relaxation In Timeline : The period beginning from 01st April and ending on 31st May, 2021 shall not be reckoned for the purpose of counting the number of days under section 77 or section 78 of the Companies Act. In case , the form is not filed between 1st April, 2021 and 31st May, 2021 the first day after 31st March, 2021 shall be reckoned as 1st June, 2021 for the purpose of counting the number of days within which the form is required to be filed.

    Fees : If the form is filed on or before 31st May, 2021, the fees payable as on 31st March, 2021 under the Fees Rules for the said form shall be payable. If the form is filed thereafter, the applicable fees shall be payable as per the Fees Rules after adding the number of days beginning from 1st June, 2021 and ending on the date of filing plus the time period lapsed from the date of the creation of charge till 31st March 2021 Read More...

    https://www.mca.gov.in/Ministry/pdf/GeneralCircularNo7_03052021.pdf
    Relaxation in interval between Board Meetings

    In view of the difficulties arising due to resurgence of Covid-19, MCA has extended the maximum interval of Board Meetings to be held in the first two quarters of Financial Year 2021-22 (i.e. Quarters April to June 2021 and July to September 2021) from 120 days to 180 days Read More...

    https://www.mca.gov.in/Ministry/pdf/GeneralCircularNo8_03052021.pdf
    Relaxation On Levy Of Additional Fees In Filing Of Certain Forms On MCA21 Portal

    In view of the Covid-19 related restrictions and disruptions, MCA has granted the additional time for filing of various forms (other than charge related forms) under the Companies Act and LLP Act due for filing during 1st April, 2021 to 31st May, 2021 up to 31st July, 2021 without any additional fees. Accordingly, no additional fees shall be levied up to 31st July, 2021 for the delayed filings of forms (other than charge related forms, i.e. Form CHG-1, Form CHG-4 and Form CHG-9) Read More...

    https://www.mca.gov.in/Ministry/pdf/GeneralCircularNo6_03052021.pdf
    Relaxation Of Time For Filing Forms Related To Creation Or Modification Of Charge

    On account of the resurgence of Covid-19 pandemic, MCA has allowed relaxation of time and condone the delay in filing forms related to creation/ modification of charges (i.e. Form CHG-1 and CHG-9) and the period beginning from 01st April, 2021 and ending on 31st May, 2021 shall not be reckoned for the purpose of counting the number of days under sections 77 and 78 of the Companies Act.

    Applicability :

    This circular shall be applicable in respect of filing of form No. CHG-1 and Form No. CHG-9 by a company or a charge holder, where the date of creation / modification of charge:

    • is before 01.04.2021, but the timeline for filing such form had not expired under section 77 of the Act as on 01.04.2021 Read More...

    https://mca.gov.in/Ministry/pdf/GeneralCircularNo7_03052021.pdf
    Resolution of COVID-19 related stress of Micro, small and Medium Enterprises (MSMEs)

    In view of the ongoing COVID-19 pandemic, RBI has advised REs that no restrictions on operations of customer accounts whose periodic up-dation of KYC is due and pending as on date shall be imposed till December 31, 2021

    In view of the continued need to support viable MSMEs due to resurgence of Covid19, the Restructuring Framework 2.0 has been announced by RBI vide circular RBI/2021-22/32 allows restructuring of MSME loans without a downgrade in the asset classification. The following must be ensured by leaders prior to restructuring of such MSME loan accounts under RBI Circular 32:

    • The borrower account must be registered as MSME as on March 31, 2021 (unless exempt from GST registration).
    • Aggregate exposure with all lending institutions (funded/non funded) does not exceed 25 crores as on March 31, 2021 Read More...
    https://www.rbi.org.in/Scripts/NotificationUser.aspx
    FETERS – Cards: Monthly Reporting

    RBI has been collecting details of Foreign Exchange Transactions – Electronic Reporting System (FETERS) and has been issuing guidelines in this regard from time to time and modifying the manner and the scope of reporting.

    RBI has now decided to collect details of sale of forex towards international transaction made by Indian resident and purchase of forex by AD under transaction by the foreign resident with Indian residents through the use of international credit card/ debit card/ unified payment interface (UPI) along with their economic classification (merchant category code – MCC) through a new return called ‘FETERS-Cards’ using the same web-portal viz Read More...

    https://www.rbi.org.in/scripts/NotificationUser.aspx
    SEBI (Alternate Investment Funds) (Second Amendment) Regulations, 2021

    SEBI, vide notification dated May 05, 2021, has amended SEBI (Alternate Investment Funds) Regulations, 2012. The effective date of amendment is the date of publication in the Official Gazette i.e. May 06, 2021. SEBI has introduced following amendments in the SEBI (Alternative Investment Funds) Regulation, 2012 –

    - Circular dated May 05, 2021

    1. provides a framework for Alternative Investment Funds (AIFs) to invest simultaneously in units of other AIFs and directly in securities of investee companies;
    2. provides a definition of -G criteria for investment by Angel Funds in Read More...
    https://www.sebi.gov.in/legal/regulations/may-2021/securities-and-exchange-board-of-india-alternative-investment-funds-second-amendment-regulations-2021_50089.html
    Indian Insurance Companies (Foreign Investment) Amendment Rules, 2021

    Indian Insurance Companies (Foreign Investment) Amendment Rules, 2021 have been issued to amend the Indian Insurance Companies (Foreign Investment) Rules, 2015. Briefly, the major changes are as follows:

    1. The limit on aggregate holdings by way of total foreign investment in equity shares of Indian Insurance Company by Foreign Investors, including portfolio investors, has been increased from 49% to 74% of the paid up equity capital of such Indian Insurance Company.
    2. The proposal of foreign investment upto 74% will be allowed under the automatic route.
    3. Indian Insurance companies having foreign investment will now need to ensure that: (i) a majority of their directors; (ii) a majority of their key management persons (KMPs); and (iii) at least one of the board chairperson, the managing director and the CEO, are Read More...
    https://www.irdai.gov.in/ADMINCMS/cms/frmGeneral_Layout.aspx?page=PageNo4493

    INDIA LEGAL POST JANUARY 2021 VOLII

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