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AK & Partners is a collaboration of new generation advocates based in New Delhi, India. We are a full-service law firm.

We provide end-to-end hand-holding from the start-up phase to post-acquisition synergy and optimization in equity investment (domestic and international), project finance, debt syndication, data privacy and protection and corporate insolvency rescue. Our regulatory practice strengths include banking and finance, insurance, renewable energy, pharmaceuticals, biotechnology, healthcare and mining. We

provide 360-degree dispute resolution services including negotiation, neutral evaluation, arbitration, mediation and litigation at district courts, tribunals, the High Court and the Supreme Court of India. We provide advisory and dispute resolution services in civil disputes, commercial disputes, real estate disputes, and tax matters including raids, election laws, white-collar crimes and money laundering. We also handhold our multinational clients in jurisdictions such as Singapore, Italy, Spain, Sri Lanka and Bangladesh through our counsels practising in these jurisdictions.

05/06/2026

💸 Revocable vs. Irrevocable Trusts: The Wealth Structuring Decision Every Indian Business Family Needs to Get Right

In your family’s trust architecture, is “control today” worth more than “protection tomorrow”? For many Indian promoter and HNI families, the real fork in the road is not whether to set up a trust, but whether that trust should be revocable and flexible or irrevocable and genuinely protective against tax, creditor and governance shocks.

In this latest article, authored by Mr. Anuroop Omkar, Managing Partner, and co‑authored by Ms. Amrita Singh, Senior Associate – Dispute Resolution, we unpack what you are actually choosing between when you pick a revocable versus an irrevocable trust: who really owns the assets in law, how income and capital gains are taxed under the Income Tax Act 2025, when creditor and litigation shields hold, and why poorly drafted “hybrid” structures often collapse under scrutiny.

👉 Read the full article here: https://www.akandpartners.in/post/revocable-vs-irrevocable-trusts-the-wealth-structuring-decision-every-indian-business-family-needs

⚖️ Key themes explored:

🎛️ How revocable trusts trade asset protection for settlor control—and why the law and taxman often treat those assets as still yours.

🛡️ When properly‑constituted irrevocable (especially discretionary) trusts can deliver real separation, tax efficiency and multi‑generation governance stability.

⚠️ The common failure points—over‑engineered settlor powers, weak trustees, under‑funded trusts and GAAR/Section 98 risk—that turn sophisticated planning into expensive mistakes.

📩 For more information write to us at [email protected]

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04/06/2026

🏨 Intestate Succession Under the Indian Succession Act and Its Wealth & Tax Implications

For many non‑HSA families, intestacy quietly hands over the steering wheel to a statutory formula that splits control between spouse and children, with tax and governance consequences that often show up only when assets are sold or board decisions stall.

In this latest article, authored by Mr. Anuroop Omkar, Managing Partner, and co‑authored by Ms. Tanuja Singh, Associate – General Corporate, we break down how intestate succession under the Indian Succession Act actually allocates shares between spouse, lineal descendants and kindred, how this plays out for promoters and asset‑heavy families, and why “no estate duty” does not mean “no tax or documentation risk” once inherited assets are realised.

👉 Read here: https://www.akandpartners.in/post/intestate-succession-under-the-indian-succession-act-and-its-wealth-tax-implications

⚖️ Key themes explored:

📜 The ISA’s default distribution rules (one‑third, one‑half, escheat to State) and what they do to concentrated business and real‑estate holdings.

💸 How inheritance is tax‑deferred, not tax‑free—capital gains, embedded tax costs and new income streams in heirs’ hands.

🛡️ How private trusts, shareholders’ agreements and cross‑border‑aware planning can move families from passive statutory allocation to active wealth architecture.

📩 For more information, write to us at [email protected]

03/06/2026

📢 IRDAI’s New Annual Fee Model for Insurance Intermediaries: What Has Changed and Why It Matters

For insurance intermediaries, is “licence renewal” still a three‑year calendar event—or now a live, annual survival test? With the shift to IRDAI’s new annual fee model, certificates of registration move to a continuing‑in‑force regime, where a missed payment can quickly turn from a clerical lapse into a suspension or cancellation risk.

In our latest analysis, authored by Mr. Anuroop Omkar, Managing Partner, unpacks how the amended Section 42D and IRDAI’s March 16, 2026 circular together recast registration as an ongoing governance obligation: from the February 5, 2026 cut‑off date and interim fee bridge, to adjustment of already‑paid renewals and the tighter link between fee discipline and regulatory continuity.

👉 Read full article here: https://www.akandpartners.in/post/irdai-s-new-annual-fee-model-for-insurance-intermediaries-what-has-changed-and-why-it-matters

⚖️ Key themes explored:

📅 How the regime moves from three‑year renewals to continuing registration tied to annual fee payment.

🧾 What the interim circular means for fees already paid and registrations granted between February 5 and June 30, 2026.

🛡️ Why compliance and finance teams must now treat annual fee tracking as a core part of licence‑risk management.

📩 For more information, write to us at [email protected]

02/06/2026

👨‍⚖️ Intestate Succession under the Hindu Succession Act and its Wealth and Tax Implications

If you stepped away from your business today, would your equity follow your intentions – or the default math of the Hindu Succession Act? For many promoter and HNI families, dying without a Will means Class I heirs, HUF rules and statutory hierarchies quietly decide who controls operating companies, real estate and investments.

In this latest article, authored by Ms. Kritika Krishnamurthy, Founding Partner, and co‑authored by Mr. Divyansh Bhatnagar, Associate – General Corporate, we unpack how intestate succession under the HSA actually works for men, women and HUF property, what it does to promoter shareholding, HUF control and minor heirs, and the hidden tax and documentation frictions that arise when “no Will” meets a complex balance sheet.

👉 Read here: https://www.akandpartners.in/post/intestate-succession-under-the-hindu-succession-act-and-its-wealth-and-tax-implications

⚖️ Key themes explored:

📜 How Class I heir rules, HUF coparcenary rights and the 2005 daughter‑as‑coparcener amendment reshape business and property devolution.

💸 Why “no inheritance tax” does not mean “no tax risk” once inherited assets are sold or start generating income.

🛡️ How Wills, private family trusts and governance‑aligned documentation can bypass intestacy, preserve control and reduce litigation risk.

📩 For more information, write to us at [email protected]

01/06/2026

🪧 Capital Formation, Structuring Flexibility, and Operational Reforms Under the Corporate Laws (Amendment) Bill, 2026

The Corporate Laws (Amendment) Bill, 2026 quietly rewires how Indian companies form capital, reward talent and run transactions – from who counts as a “small company” to how often you can buy back stock, structure IFSC platforms or convert fund vehicles.

In this latest analysis, we map how capital formation, structuring flexibility and day‑to‑day operations are being rebalanced for growth – doubling small‑company thresholds, rationalising CSR, enabling foreign‑currency IFSC companies and LLPs, formally recognising RSUs and SARs, liberalising buy‑backs and easing merger mechanics.

Authored by Ms. Kritika Krishnamurthy, Founding Partner, and co‑authored by Mr. Syed Shah Zahid Hussain, Principal Associate – General Corporate, the article distils a dense reform bill into concrete signals for CFOs, founders and compliance teams.

👉 Read here: https://www.akandpartners.in/post/capital-formation-structuring-flexibility-and-operational-reforms-under-the-corporate-laws-amendm

⚖️ Key themes explored:

📈 How higher “small company” thresholds and CSR tweaks create more breathing room for scaling businesses.

🌐 Why IFSC reforms, LLP rationalisation and trust‑to‑LLP conversions matter for cross‑border funds, treasury and platforms.

💼 How formal recognition of RSUs/SARs, more flexible buy‑backs and lower merger thresholds can modernise compensation and capital‑return strategies.

📩 For more information, write to us at [email protected]

30/05/2026

🧾 Preparing for the Next‑Gen Governance Regime: What the Corporate Laws (Amendment) Bill, 2026 Means for Boards

❓ Is your board really “future‑ready” for the next wave of governance reforms? The Corporate Laws (Amendment) Bill, 2026 quietly turns fit‑and‑proper checks, DIN status, and independent director eligibility into make‑or‑break issues for board composition and continuity.

In this article, authored by Ms. Kritika Krishnamurthy, Founding Partner and co-authored by Mr. Syed Shah Zahid Hussain, Principal Associate – General Corporate, decode how the Bill resets director eligibility, tightens disqualification and DIN rules, and raises the bar on independent director and board‑level accountability.

👉 Read the full article here: https://lnkd.in/gegjkMKV

⚖️ Key themes explored:
✅ New fit‑and‑proper standards and expanded disqualification triggers for directors.
🧩 A sharper, continuous compliance regime for independent directors and DINs.
📊 Board‑room process upgrades on audit, related party oversight and penalties.
📩 Need advisory support for board composition, director eligibility and governance architecture? Write to us at [email protected]

29/05/2026

🧾Decriminalisation and Enforcement Restructuring Under the Corporate Laws (Amendment) Bill, 2026: What the 2026 Bill Could Mean for Corporate India

Will decriminalisation really make compliance “easier” – or just change how the system bites? The Corporate Laws (Amendment) Bill, 2026, doesn’t relax corporate discipline; it shifts a large part of it from jail terms and criminal courts to calibrated civil penalties, digital adjudication and tougher recovery tools under the Companies Act and LLP Act.

Authored by Ms. Kritika Krishnamurthy, Founding Partner, and co‑authored by Mr. Syed Shah Zahid Hussain, Principal Associate – General Corporate, this article explains how the Bill redraws the line between serious misconduct and procedural non‑compliance, what “decriminalisation” really means for boards, CXOs and company secretaries, and why enforcement may become faster and more data‑driven rather than gentler.

👉 Read here: https://www.akandpartners.in/post/decriminalisation-and-enforcement-restructuring-under-the-corporate-laws-amendment-bill-2026-wha

⚖️ Key themes explored:

💼 Which corporate and LLP defaults move from criminal offences to fixed civil penalties – and how the quantum changes for listed and unlisted entities.

📲 How the new adjudication, settlement, suo motu and Recovery Officer mechanisms could change day‑to‑day enforcement on the ground.

🧾 What this means for director liability, D&O cover, and the risk calculus for boards and independent directors.

📩 For more information write to us at [email protected]

28/05/2026

🏢 Trusts, Holding Structures, and Special Purpose Vehicles (SPVs): Designing Layered Governance for Complex Family Business Structures

Can one structure really separate “family wealth”, “business risk” and “control” for a growing family enterprise? For many Indian promoter families, the answer now lies in layered architectures that stack family trusts, holding companies and SPVs to ring‑fence risk, preserve control and still satisfy today’s transparency and tax rules.

In our latest analysis, authored by Mr. Anuroop Omkar, Managing Partner, and co‑authored by Ms. Yukta Nidhi, Associate – General Corporate, this article walks through how to use trusts as the apex ownership layer, holding companies as the strategic control layer and SPVs as the risk‑segregation layer, while staying on the right side of governance, SBO and tax regimes.

👉 Read here: https://www.akandpartners.in/post/trusts-holding-structures-and-special-purpose-vehicles-spvs-designing-layered-governance-for-co

⚖️ Key themes explored:

🏛️ How family trusts, holding companies and SPVs can be combined to separate ownership, control and operations without losing flexibility.

🔎 Why SBO, PMLA and beneficial ownership rules make transparent yet carefully‑designed structures non‑negotiable.

💸 Tax, capital gains and “clubbing” considerations that can make or break the efficiency of layered family business structures.

📩 For more information write to us at [email protected]

27/05/2026

🪙 Auditors, Valuers, and NFRA: The Reconstruction of India's Corporate Financial Oversight Ecosystem Under the Corporate Laws (Amendment) Bill, 2026

Are India’s auditors and valuers ready for a regulator that looks, funds and acts like a true enforcement authority? The Corporate Laws (Amendment) Bill, 2026 effectively rebuilds the country’s financial oversight architecture – tightening who can sign, who can value, and how long the regulatory shadow follows those signatures.

In this deep‑dive, we trace how audit rooms, valuation models and NFRA-facing strategies will need to evolve over the next few years – from universal partner registration to a far more assertive enforcement and independence regime for firms and boards alike.

Authored by Ms. Kritika Krishnamurthy, Founding Partner, and co‑authored by Mr. Syed Shah Zahid Hussain, Principal Associate – General Corporate, the article translates a dense reform package into a practical playbook for CFOs, audit committees and firm leadership.

👉 Read here: https://www.akandpartners.in/post/auditors-valuers-and-nfra-the-reconstruction-of-india-s-corporate-financial-oversight-ecosystem-u

⚖️ Key themes explored:

📋 Why “majority‑qualified” firms will no longer be enough – every audit, cost audit and secretarial audit partner must be individually registered.

⏳ How three‑year post‑tenure cooling‑off and stricter non‑audit service bans will reshape audit–advisory business models.

📊 What NFRA’s new enforcement toolkit and IBBI’s valuation mandate mean for CFOs, audit committees and transaction teams.

📩 For more information, write to us at [email protected]

26/05/2026

🧾 Corporate Guarantee vs. Bank Guarantee in India: GST Implications, Legal Framework & Key Judgments — Everything You Need to Know

🏦 In her latest analysis, Ms. Kritika Krishnamurthy, Founding Partner at AK & Partners, breaks down how a group corporate guarantee and a bank-issued guarantee are fundamentally different products for GST and risk purposes. While a no‑fee, in‑house corporate guarantee typically operates as a contingent comfort within a group, a bank guarantee is a priced, standalone financial service – and that distinction now directly shapes tax treatment, documentation strategy and how businesses respond to past demands.

👉 Read the full article here: https://www.akandpartners.in/post/corporate-guarantee-vs-bank-guarantee-in-india-gst-implications-legal-framework-key-judgments

⚖️ Key themes explored:

🏢 What legally distinguishes a corporate guarantee from a bank guarantee in terms of issuer, purpose, consideration and business activity.

📜 Why corporate guarantees given without any fee or commission fall outside the definition of “taxable supply” under GST, as recognised in Edelweiss and reaffirmed in D P Jain.

💰 How the 1% deemed valuation rule in Rule 28(2) interacts with pre‑ and post‑October 2023 guarantees – and why the “no‑consideration” debate is far from over.

💡 What CFOs, treasury teams and tax heads should do next: reviewing guarantee deeds, responding to past notices, and re‑thinking how new guarantees are documented and priced.

📩 Need help reviewing your corporate and bank guarantee structures or responding to GST notices? Write to us at [email protected]

AK & Partners Kritika Krishnamurthy Sahil Chandra AK & Partners

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