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Rajendran Nallusamy (Advocate)     03 February 2009

Financial Laws and Legislations

What are the general financial laws and legislations in India


Learning

 2 Replies

Prakash Yedhula (Lawyer)     04 February 2009


FINANCIAL LAWS & LEGISLATIONS


 


( A ) T HE INDIAN CONTRACT ACT, 1872


 


CHAPTER 1: NATURE OF CONRACT


 


Definition of Contract, Essential Elements of a valid contract


 


CHAPTER 2 : CLASSIFICATION OF CONTRACTS


 


Voidable Contract, Void Agreement and Void Contract, Illegal Agreement, Unenforceable Contract, Express Contract, Implied


Contract, E – Commerce Contract, Executed Contract, Executory  Contract, Unilateral Contract


 


CHAPTER 3 : VARIOUS ASPECTS OF CONTRACT


 


Offer and Acceptance, Consideration, Capacity to Contract, Free Consent, Legality of Object Contingent Contracts, Performance and


Discharge of Contract, Breach of Contract


 


CHAPTER 4 : SPECIAL TYPES OF CONTRACTS


 


Quasi Contracts, Indemnity and Guarantee, Bailment and Pledge,Contract of Agency


 


( B ) NEGOTIABLE INSTRUMENTS ACT, 1881


 


CHAPTER 1 : NATURE OF NEGOTIABLE INSTRUMENTS


 


Definition, Characteristics and Types of Negotiable Instruments, Promissory Note, Bill of Exchange and Cheque, Crossing of Cheques


 


CHAPTER 2 : CLASSIFICATION OF NEGOTIABLE INSTRUMENTS


 


Bearer and Order Instruments, Inland and Foreign Instruments,Instruments Payable on Demand, Time Instruments, Accommodation


Bill, Fictitious Bill, Documentary and Clean Bill, Escrow, Inchoate Instrument, Hundis, Maturity, Grace Days and Interest on Bills and


Notes.


 


CHAPTER 3 : PARTIES TO A NEGOTIABLE INSTRUMENT


 


Holder and Holder in Due Course, Liability of Parties


 


CHAPTER 4 : NEGOTIATION


 


Transfer by Negotiation and Transfer by Assignment, Endorsement, Instruments Obtained by unlawful means


 


CHAPTER 5 : PRESENTMENT OF A NEGOTIABLE INSTRUMENT


 


Presentment for Acceptance, Presentment for Sight, Presentment for Payment


 


CHAPTER 6 : DISHONOUR OF A NEGOTIABLE INSTRUMENT


 


Dishonour by non- acceptance and dishonour by non-payment, Notice of Dishonour, Noting and Protesting, Rules as to Compensation,


Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds, Discharge of Negotiable Instrument, Rules of Evidence, 


Estoppels and International Law


 


( C ) THE COMPANIES ACT, 1956


 


CHAPTER 1 : KINDS OF COMPANIES


 


Private Company and Public Company, Holding Company and Subsidiary Company, Government Company, Foreign Company


 


CHAPTER 2 : FORMATION OF COMPANY


 


Incorporation of Company, Promoter, Pre-Incorporation Contracts


 


CHAPTER 3 : MEMORANDUM OF ASSOCIATION


 


Contents of Memorandum, Alteration of Memorandum


 


CHAPTER 4 : ARTICLES OF ASSOCAITION


 


Contents of Articles, Alteration of Articles


 


CHAPTER 5: PROSPECTUS


 


Definition, Dating of Prospectus, Shelf Prospectus, Information Memorandum, Red – Herring Prospectus, Abridged Prospectus, Offer


Document, Contents of Prospectus , Misstatements in Prospectus and Their Consequences, Statement in Lieu of Prospectus


 


CHAPTER 6 : SHARE CAPITAL & SHARES


 


Meaning of Share Capital & Types of Share Capital, Meaning of Share & Type of SharesStatutory Requirements Relating to :


Minimum Subscription, Underwriting of Shares, Allotment of Shares,Listing of Shares, Buy back of Shares, Shares Certificate, Issuing


Shares at Premium, Sweat Equity, ESOP, ESPPs, Rights Issue, Bonus Issue.


 


CHAPTER 7 : LOANS, INVESTMENTS, DEPOSITS


 


Legal Provisions Relating to :


 


Inter Corporate Investments, Inter Corporate Loans, Borrowing of Funds by Company, Borrowing Powers of Company, Debentures,


Types of Debentures & Issue of Debentures, Mortgage, Types of Mortgage, Charge, Registration of Charge, Types of Charge,


Accepting Deposits from Public


 


CHAPTER 8 : COMPANY MANAGEMENT


 


Directors, Appointment of Directors, Powers and Duties of Directors,Disqualification of Directors, Meetings of Directors, Managerial


Remuneration and Managing Director.


 


CHAPTER 9 : ACCOUNTS AND AUDIT


 


Books to be kept by the Company, Annual Accounts and Balance Sheet, Filling of Accounts with the Registrar, Appointment of


Auditors, Rights and Duties of Auditors, Disqualification of Auditors.


 


( D ) THE FOREIGN EXCHANGE MANAGEMENT ACT 1999


 


Definitions, Regulation and Management of Foreign Exchange, Authorized Person, Contravention and Penalties, Adjudication and


Appeal, Directorate of Enforcement


 


( E ) SECURITIES EXCHANGE BOARD OF INDIA (SEBI) ACT 1992


 


Management of Board, Functions & Powers of Board, Securities Appellate Tribunal.



 

PALNITKAR V.V. (Lawyer)     09 February 2009

I think the query is vague. What type of financial laws and legislations you want to know. There are many.


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