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corporate law


Institutional Investors - Watchdog to Corporate Boards

So far, one of the most positive developments of the Tata-Mistry corporate tussle has been the focus it has drawn on the state of corporate governance in India. The role, powers, functions, duties, obligations and responsibilities of Board of Directors across large and small, public and unlisted companies is now actively being discussed. What is also being reviewed is..

Posted in articles |   127 Views


Gist of regulatory changes in Companies Act, 2013 in the month of July, 2016

14.07.2016 a) Companies (cost records and audit) Amendment Rules, 2016 Highlights of the Amendment are: 1. Definition of Regulated Sector for Telecommunication Industry expanded to include activities ..

Posted in articles |   400 Views


Overview on Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016

The Insolvency and Bankruptcy Board of India has issued the Notification on Insolvency and Bankruptcy Board of India. These Regulations shall come into force on 29th November, 2016. Purpose At present, there are multip..

Posted in articles |   748 Views


Tatas Wrangle

Tatas Wrangle: Fickle Corporate Governance  Allegations are levelled two stalwarts openly in the media destroying the fabric of faith that people hold in Tatas for many years for which both seem to be responsible. This has resulted in war of haughtiness and egos where each is charging the other of misrule ..

Posted in articles |   218 Views


Various Committees and provisions under Companies Act, 2013

1. CSR Committee (Section 135 of Companies Act 2013) Every company having the following criteria shall contribute in every financial year, at least two per cent. Of the average net profits of the company made during the thr..

Posted in articles |   2 comments |   481 Views


Law & Procedure for cheque bounce

Cheque can be bounced for number of reason and the said thing is upto bank when to honor or dishonor the cheque that is produced before the bank some of those reason could be the signature on the cheque is different, insufficient funds, crossed cheque, mistake on the cheque and for various other reason. Legal Aspect/strong..

Posted in articles |   9 comments |   1071 Views


The Independence of Directors

Cyrus Mistry’s removal as chairman of Tata Sons Ltd. and his subsequent letter to the Board, highlighting amongst other things, the “failure on the part of the directors to discharge their fiduciary duty owed to the stakeholders of Tata Sons” brings to the fore what Mistry himself describes as a “total lack of corporate governance.” Mis..

Posted in articles |   10 comments |   259 Views


Valiant features of Insolvency Code 2016

Objective Promote entrepreneurship availability of credit and  balance of interest, of all stakeholders by consolidating and amending the laws relating to organisation and insolvency resolution of corporate persons, partnership firms and individuals in time bound manner and for maximisation of the value o..

Posted in articles |   201 Views


Sole proprietorship comparison with one Person Company

Any person while beginning a business is confused regarding the legal structure of the organization. In a broad sense there are four types of structure that a company can be set up with: Self proprietorship, Limited Liability partnership, partnership or a one person company. One can pick any of these types for their business ba..

Posted in articles |   347 Views


Public policy and scope of judicial intervention in arbitral awards (India)

Objectives of the Arbitration is to end the disputes in an expeditious, inexpensive and amicable manner. This is an old age and well recognized dispute redressal mechanism in India, wherein the people used to settle their disputes by submitting to independent and neutral person. In the present time as well, it is quite true in the rural side that democratically electe..

Posted in articles |   16 comments |   646 Views


BIFR proceedings under sick industries act prevail over winding up proceedings under companies act - SC

Madura Coats filed company petition in Allahabad High Court for winding up of Modi Rubber Company on the ground that the said company was unable to pay its huge undisputed debts. Modi Rubber Company entered appearance and took several adjournments on one pretext or the other including furnishing schedule for repayment of the admitted debts in arrangement with Apollo T..

Posted in articles |   2 comments |   494 Views


Application & Allotment of DIN to a proposed Director of a company – Procedure Companies Act 2013

Director Identification Number (DIN) means an identification number allotted by the Central Government to any individual, intending to be appointed as director or to any existing director of a company, for the purpose of his identification as a director of a company.[Rule 2(d) of Companies (Appointment and Qualification of Directors) Rules, 2014]...

Posted in articles |   174 Views


SARFAESI Act Amendment 2016 - Some highlights

A NOTE ON THE AMMENDMENT MADE IN SARFAESI ACT 2002 AND DRDBFI ACT 1993 AND SOME OTHER ACTS BY AMMENDMENT ACT OF 2016 The Indian Parliament on August 9, 2016 has passed a act named ,The Enforcement of Security Interest and Recovery of Debt laws and Miscellaneous Provision (amendment Act),2016. The proposed amen..

Posted in articles |   5627 Views


Rights Issue Vs. Private Placement

Rights issue and private placement are the two ways to issue shares, other than initial public offers, through which a company can raise money in the primary market by issuing its securities   1. Rights Issue   p..

Posted in articles |   686 Views


Benami Transactions Amendment Act, 2016

Earlier the benami transactions are defined as a “transaction where a property is held by or transferred to a person, but has been provided for or paid by another person”. This Act has amended this definition by to add other transactions which qualify as benami, such as property transactions or arrangement where: p style="text-align: ju..

Posted in articles |   1139 Views




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