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5 Indian J.L. & Pub. Pol'y 65 (2018-2019)
Allowing Ideas to Change Our World: An Analysis of the Corporate Regulatory Framework for Start-ups in India

handle is hein.journals/ijlpp5 and id is 83 raw text is: 






ALLOWING IDEAS TO CHANGE OUR WORLD: AN ANALYSIS OF THE

CORPORATE REGULATORY FRAMEWORK FOR START-UPS IN INDIA


- Nitansha Nema and Shivam Burghate


ABSTRACT


       On  the 16th of January, 2016, the
Government  of India unveiled the Start-up
India  Scheme  in  consonance  with  its
objective or rather promise of transforming
the nation into an economic superpower.
Since  then,  several programmes and
policies have   been  initiated by  the
Government  to boost the growth of Start-
ups  and  do  away  with  the restrictive
Government licensing and regulatory
policies that account for the long gestation
period for Start-ups. On the 13th of June,
2017,  a Notification was issued by the
Central Government  amending  the Indian
Companies  Act, 2013 to align its provisions
with Start-up India by doing away with a
number  of procedural compliances. This
paper aims at analysing the impact of this
amendment  on  the growth of Start-ups in
the country and addressing the problems
that remain post this amendment. It will
address three major questions; firstly, the


problems surrounding the recognition and
certification of   start-ups  post   the
amendment;   secondly,  the problem  of
funding that creates a dilemma  between
getting   adequate     investment   and
compromising  on the promoter's original
idea for the start-up. This segment will also
discuss  the ironically devious taxation
system that imposes challenges to the initial
growth   of these  start-ups. The  third
problem poses an interesting question as it
addresses  the entry barriers created by
existing corporate  giants in the  same
market  and the role of the judiciary in
addressing these anti-trust issues that has
potential for  creating  an   ecosystem,
conducive for Indian start-ups. Lastly, a
comparative   study   of   the  start-up
environment of various regulatory systems
around  the globe will be undertaken  to
provide  a forward-looking and  growth-
oriented solution to these problems.


' Authors are IV year B.A. LL.B. (Hons.) student at
Dr. Ram Manohar Lohiya National Law
University, Lucknow.


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