corporate law

The Insolvency and Bankruptcy Code, 2016   This code applicable to any company, Limited Liability Partnership, any other corporate body incorporated under any law, partnership firms and individuals, in relation to their insolvency, liquidation, voluntary liquida..

INSOLVANCY & BANKRUPTCY CODE-2016- An effect will lies in its implementation:   The Upper House (Rajya Sabha) passed Insolvency & Bankruptcy Code on 11th May, 2016 that will ensure a time bound insolvency resolution and create a database of serious defaul..

BACKGROUND   The Companies Act, 1956 was the principal legislation governing the company law in India for more than six decades. It was then replaced by a new legislation, Companies Act, 2013 (hereinafter referred to as “Act’”) in the month of September, 2013 and consequently a..

INTRODUCTION   Foreign Direct Investment (FDI) in India is the major monetary source for economic development in India.Foreign companies invest directly in fast growing private Indian businesses to take the benefits of cheaper wages and..

Authority before which application has to be made   As per the Companies Act 1956, The authority before whom an application has to be made is the “High Court” having jurisdiction in the State in which the registered office of the company is situated A..

Section 56 of the “”New Act” [Companies Act 2013], substitutes of old provisions pertaining to transfer and transmission of shares of a company. It is pertinent to note that Section 56 not only provides provisions for transfer of shares but also for the transfer of Interest in a Company which does not have a share capital. p style="text-al..

Today the word ‘Wilful defaulter’ is the humming word of every Indians, since the bank declared Mr. Vijay Malya as wilful defaulter.   Can a bank declare any one as defaulter?   p style="text-align: j..

Introduction   It is an admitted fact that ever since the companies Act, 2013 (hereinafter called “The Act”) and the slew of Rules there under notified by the MCA from time to time, have been set in motion, it has been an uphill task for corporate pro..

The reported warning by Securities Exchange Board of India (SEBI) to mutual fund companies against trying to bail out NPA accounts would be a serious dampener to revive companies that have been declared as NPAs.  While the RBI dictate is already pre-existing, the warning by SEBI is a rather new development.  This would in effect mean that the SEBI and RBI would prefer companies and fi..

Having been in this space for almost two decades, I can really see the enthusiasm amongst the entrepreneurs as the country gears to the frenzy of start-ups. Not that it wasn’t there earlier but the environment has definitely undergone a cha..

Section 185 and Section 186 are sections that companies have to deal with on a regular basis. The snapshot of all the compliances required to be undergone for lending and borrowing are summarised for reference purpose.   GIVING OF LOANS/ GUARANTEE/ SECURITY ..

A stable profitability that in absence of fluctuations in business and a constant output growth and low and stable inflation  and  with the capability of facing recession will be achieved through Merger or de-Merger of two or more companies.   The Hon’Ble Courts of Law, when found there is ..

INTRODUCTION   Good rules are always essential to allow businesses to function with ease just as they are required to allow traffic to flow smoothly, but the challenge is to strike the right balance between regulation and relaxation. p style..

INTRODUCTION   Securities and Exchange Board of India (SEBI) on September 2, 2015 issued the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 (‘Listing Regulations’) with the aim to ..

Introduction   Pursuant to   the provisions of Section 118(10) of the Companies Act, 2013(hereinafter “The Act”), it is incumbent upon every company to observe secretarial standards with respect to general and Board meetings as specified by ..