Clear all

Refine your search

33 results found

Commentary
Ask Lexy

Cyril Amarchand Mangaldas | India, USA | 20 May 2021

Promoter reclassification and family feuds: area of concern

The Indian business landscape is mainly composed of family-run businesses. When a family member runs a business independently, other relatives prefer not to be liable for the compliances and liabilities imposed on the promoter group. However, in case of listed companies, it is challenging for the promoter's family members to be excluded from being categorised as promoters or a promoter group......
Commentary
Ask Lexy

Forsters LLP | United Kingdom | 22 Apr 2021

How to protect the 'bank of mum and dad' when your child is cohabiting

Unmarried, cohabiting couples are the fastest-growing type of family, with an increase of more than 25% in the past decade. As house prices continue to rise faster than average incomes, many young people are turning to the 'bank of mum and dad' to help with their first property purchase. While such scenarios are increasingly common, they give rise to a number of legal issues.
Commentary
Ask Lexy

Augusta Abogados | Spain | 9 Apr 2021

Composition of active mass under TRLC

The Consolidated Text of the Bankruptcy Law introduces the concept of the 'active mass' of a bankruptcy, which constitutes all of the assets and rights integrated into the bankrupt's assets on the date of the declaration of bankruptcy, as well as those that are reintegrated to the bankrupt or acquired until the conclusion of the bankruptcy proceedings. This article sets out which assets and......
Commentary
Ask Lexy

Cyril Amarchand Mangaldas | India | 25 Mar 2021

What is a family? Supreme Court provides wide interpretation regarding married women and father's heirs

The Supreme Court recently addressed two important points in relation to family settlements – primarily, whether a married woman's heirs from her father's side can be considered 'family' for the purpose of a family settlement. This judgment follows a line of recent judgments which are pro-women's rights in terms of inheriting and disposing of family property.
Commentary
Ask Lexy

Ogier | Jersey | 21 Jan 2021

An ideal location in uncertain times for family offices

The COVID-19 pandemic has raised immediate issues for many wealthy families, notably around tax residency and immigration, but on the flip side it has given wealthy families the opportunity to take stock and consider how they want to be structured and, fundamentally, where they want their family office to be located. This article considers the features which make Jersey attractive for family......
Commentary
Ask Lexy

Cyril Amarchand Mangaldas | India | 7 Jan 2021

Supreme Court clarifies law on maintenance

Recognising the need for uniformity, consistency, procedural fairness and timeliness in the disposal of maintenance applications, the Supreme Court recently issued guidelines on the payment of maintenance in matrimonial disputes. The court also provided comprehensive templates of the affidavit of disclosure of assets and liabilities to be filed by parties to such matrimonial disputes.
Commentary
Ask Lexy

Forsters LLP | Global | 7 Jan 2021

Family governance – enforceability and sustainability in private wealth structures

Any legal structure incorporating family governance principles will be a hybrid of elements from corporate governance but with flexibility that is not possible in a truly commercial context; rigid structures and families rarely go together. The most successful governance structures have a level of transparency and include the wider family members within a framework of tried and tested......
Commentary
Ask Lexy

Cyril Amarchand Mangaldas | India | 10 Dec 2020

Why family offices must think beyond money: importance of family governance

A critical function that family offices can perform is to assist families in institutionalising a robust family governance structure as a means to enhance and guard the family's legacy on a multi-generational basis. This article explores the hypothesis that viewing family offices as mere wealth management vehicles is in fact impeding their progress and highlights the untapped potential of......
Commentary
Ask Lexy

Cyril Amarchand Mangaldas | India | 24 Sep 2020

Primacy of family settlements upheld

Family settlements and the documents relating thereto have been the subject of litigation for various reasons. One such litigious issue is whether the documents pertaining to family settlements must be registered under the Registration Act. In a recent case, the Supreme Court held that a memorandum of family settlement, which merely records the terms of a family settlement already acted on by......
Commentary
Ask Lexy

Cyril Amarchand Mangaldas | India | 10 Sep 2020

Supreme Court rules that daughters have equal rights in their father's property

The judiciary continues to take progressive steps towards making succession law more women friendly. In a recent landmark decision, a three-judge bench of the Supreme Court held that daughters and sons have equal coparcenary rights in a Hindu undivided family. The decision clarifies that coparcenary rights are acquired by daughters on their birth and that fathers need not have been alive when......
Previous page 1 2 3 4