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Why Every Family Office Needs a Constitution

Family businesses in India have spent generations learning to build great companies. Fewer learnt how to run their money. As India’s business families grow richer, family offices (FOs) have quietly become the most powerful seat in the enterprise that almost no one is watching: large pools of capital, deployed at real consequence, answerable to barely any outside authority and increasingly handed early to the next generation. But whom does the FO actually answer to?

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Scope, Territory and Disclosure: Decoding the 2026 FCRA Amendment Rules

Summary: This article examines the Foreign Contribution (Regulation) Amendment Rules, 2026, which came into force in June 2026. These rules represent a significant recalibration of FCRA, introducing increased compliance obligations for registered organisations. This article analyses the key changes introduced, inter alia: scope-based and State-specific registration requirements that restrict organisations to enumerated purposes and designated territories; a monetary threshold of INR 10 lakh for “reasonable activity” that creates vulnerability for smaller organisations; enhanced disclosure obligations covering social media, publications, and ultimate donor details; and restrictions on foreign nationals serving as key functionaries. These changes collectively tighten the compliance architecture surrounding foreign-funded, not-for-profit work in India and necessitate urgent organisational engagement with transitional compliance obligations under the 2026 Rules.

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Navigating AI adoption across India’s Family Businesses

The role that India’s family businesses (FBs) play in our economy is staggering – more than 70% of India’s GDP comes from FBs and promoter-run companies. These are multi-generational enterprises, with deeply embedded cultures and concentrated governance structures, with often a single power center in a senior patriarch.

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Her Impact: Women as Wealth Creators in the Age of Startups and Digital India

Summary: This article explores the transformative role of women as wealth creators in India’s startup and digital era. It highlights the rise of women entrepreneurs across diverse sectors, their unique leadership styles, and the multi-dimensional value they generate. Despite significant progress and increased institutional support, challenges—especially in access to funding—persist. The article emphasises that women are not only building successful businesses but are also reshaping cultural and economic landscapes. Ultimately, women are at the forefront of India’s economic evolution, leveraging new opportunities to lead, innovate, and inspire future generations.

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The FCRA Amendment Bill 2026: Part II – Compliance and Other Changes

Summary: The Foreign Contribution (Regulation) Amendment Bill 2026 proposes significant amendments to the Foreign Contribution (Regulation) Act, 2010, tightening the regulatory framework for foreign contributions in India. It limits timelines for receipt and utilisation of foreign contribution under the prior permission route, codifying the restrictions that began with government circulars issued in 2025. The Bill also defines the term “key functionaries,” to cover all leadership positions irrespective of organisational structure, exposes key functionaries to personal liability for organisational offences, and imposes on them a statutory duty to report an organisation’s cessation or defunct status. The evolving FCRA landscape requires organisations to review governance structures, identify key functionaries, ensure timely renewals, and maintain complete records to ensure continuing compliance.

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The FCRA Amendment Bill 2026: Part I - Asset Vesting

Summary: The Foreign Contribution (Regulation) Amendment Bill 2026 proposes significant changes to the Foreign Contribution (Regulation) Act, 2010, most notably replacing Section 15 with a new Chapter IIIA. This establishes a Designated Authority in which all foreign contribution and assets of an organisation vest upon cancellation, surrender or cessation of its FCRA registration. During provisional vesting, the Designated Authority has the power to take possession of assets and manage the organisation’s activities, including using its foreign contribution. If the organisation fails to obtain fresh registration or renewal within the prescribed time, its assets permanently vest in the Designated Authority and may be disposed of through prescribed modes. The Designated Authority enjoys extensive powers under the 2026 Bill, and judicial intervention is largely restricted. The amendments carry serious implications for FCRA-registered organisations, demanding rigorous compliance, meticulous accounting and proactive governance.

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Summary

What challenges arise when an ultra-high net worth family experiences an unexpected death, even with a strong succession plan? This scenario demonstrates how even well-structured succession plans may encounter significant obstacles. This article analyses key considerations for families with complex structures, considerable wealth, and multiple businesses, while suggesting ways to be better equipped for such events.

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Identifying SBO in Pooled Investment Vehicles: Conundrum Continues

Summary: Identifying SBOs, especially if the member of a reporting company in India is a pooled investment vehicle of an overseas jurisdiction, continues to be a big challenge. The Indian SBO Rules provide for two different sets of tests for identifying an SBO, basis the PIV’s location. If a PIV is from a FATF compliant jurisdiction, the test is much simpler, vis-a- vis PIVs from non-compliant jurisdictions, which require more detailed scrutiny. This blog analyses several interpretative challenges that continue to bother both PIVs and reporting companies, requiring MCA clarification.

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Regulator’s Gaze over Unutilised Foreign Contributions of NGOs

Summary: As per the recent reports, the Ministry of Home Affairs has issued show cause notices to several NGOs registered under the Foreign Contribution (Regulation) Act, 2010, asking why their registrations should not be cancelled in cases where foreign contributions have neither been received nor utilised for three consecutive financial years. While prolonged non-utilisation may, in the regulator’s view, raise questions on an organisation’s bona fide intent, the development has sparked debate on whether non-utilisation of foreign funds alone can justify cancellation, particularly where NGOs continue to pursue their objectives through other lawful means.

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