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corporate law


Non-Convertible Debt Securities & Non-Convertible Redeemable Preference Shares

Securities and Exchange Board of India (‘SEBI’) in terms of power conferred under SEBI Act, 1992 notified Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 (‘Listing Regulations 2015’) on 2nd September, 2015, whereby it tries to align the present Listing Agreement with the Companies Ac..

Posted in articles |   827 Views


Is There a Draftsman's Error in the Arbitration and Conciliation Ordinance 2015

The Draftsman's Error in the Arbitration and Conciliation Ordinance 2015.   There appears to be the draftsman's error in the numbering of the Sub-Section 2 and 3 of the Section 19 of the Arbitration & Conciliation Ordinance, 2015 (Section 36 of the A ..

Posted in articles |   8 comments |   1120 Views


SEBI listing regulations "Inprinciple approval of recognized stock exchange"

IN-PRINCIPLE APPROVAL OF RECOGNIZED STOCK EXCHANGE(s). The listed entity, BEFORE ISSUING [1] SECURITIES, shall obtain an ‘in-principle’ approval from Recognized stock exchange(s) in the following manner:   Non Applicability/stro..

Posted in articles |   810 Views


Requirements w.r.t subsidiary of listed entity

SEBI LISTING REGULATIONS (LODR) “CORPORATE GOVERNANCE REQUIREMENTS WITH RESPECT TO SUBSIDIARY OF LISTED ENTITY”   CONDITIONS With Respect to Subsidiary of Listed Entity: p s..

Posted in articles |   631 Views


SEBI Listing Regulation 2015 - Common obligations of listed entities

Presently, a private agreement between Stock Exchange and listed company govern all listing obligation and disclosure requirement. This listing agreement like any other agreement among parties creates civil obligation in case of any violation of the agreement.   ..

Posted in articles |   748 Views


Compounding of offences under CA 2013/1956 - A critical analysis

A CRITICAL ANALYSIS Compoundable offences:   Section 3(38) of General Clauses Act 1897 defines ‘offence’ as ‘any act or omission made punishable by any law for the time being in force&rsqu..

Posted in articles |   3302 Views


Assignment- Boilerplate Clause

Meaning & Definition:   The term 'Boilerplate' refers to the standard form of langauage in contracts. These are typical clauses that are contained in the latter part of the contractual agreement because they help in the enforcement of the agreements. Not all the boilerplate clauses..

Posted in articles |   2181 Views


Ride Sharing and not risk sharing

Booking seats on trains or buses is likely to be difficult. Engaging a private taxi is expensive. For city travel, there are several taxi aggregators like Ola, Uber and Meru to depend on.  For long-distance travel, there were a few options till one carpooling service which had been making waves in the country the BlaBlaCar stepped in. Ever since that the int..

Posted in articles |   2 comments |   691 Views


Conflict between the Oppression Petition and Arbitration Clause

In the administration of the corporate affairs, the prevention of oppression and mismanagement is a very important matter. In many petitions relating to Section 397/398 under Companies Act, 1956 the Opposite Party raise the plea of arbitration agreement between the parties. Section 8 of the Arbitration and Conciliation Act 1996 mandates that any party to a legal ..

Posted in articles |   939 Views


Legality of restrictive clause in Share Purchase Agreement

Today is the day of joint ventures and corporate marriages. Different corporate bodies enter into agreement to form a special purpose vehicle for undertaking different projects. In such situation, one of the basic requirements is a Shareholding Agreement (SHA) among the partners incorporating the entities. In any typical SHA, one of the terms is the condition as ..

Posted in articles |   2 comments |   715 Views


Marketing of legal services: Emerging challenges and opportunities

ABSTRACT:    With liberalization launched in India, it was natural that legal services would also be thrown open to foreign firms like in investment sector and other areas. There is great potential in India for growth or organized legal services firms partic..

Posted in articles |   4 comments |   1570 Views


Appointment of independent directors

Appointment of Independent Directors under the Companies Act, 2013 – Can it be through Board Process or through General Meeting - Some grey areas visited.   Introduction   p style="text-ali..

Posted in articles |   4011 Views


Board of Directors-Powers, Resignation

DEFINITION: As per section 2(34) of Companies Act,2013 director means a director appointed to the Board of a company.   ROLE OF THE BOARD OF DIRECTOR:   p ..

Posted in articles |   3 comments |   1800 Views


MCA's olive branch to Private Companies - Notification dated June,5,2015 – A Commentary

Introduction   It is an admitted fact that small and marginal companies have been up in armsfrom the time the Companies Act,2013 (hereinafter referred to as the “Act”) was unleashed in the year 2013 partiallyto substitute what was considered as an antiquate..

Posted in articles |   1684 Views


Secretarial Standards - An overview

The Ministry of Corporate Affair (MCA) has approved vide circular Dated 10th April, 2015, Secretarial Standards (SS) on Board and General Meetings which was  been notified in official Gazette on 23rd April, 2015. Secretarial standards are applicable on Companies from 1st July, 2015.   p style="text-align: ju..

Posted in articles |   1 comments |   2401 Views




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