Tag: Companies Act

Analysis Of Section 179 Of The Companies Act, 2013

INTRODUCTION The Companies Act regulates the formation of the company. The Companies Act, 2013 consolidates and amends the law relating to the company.[1] This act is the result of the Companies (Amendment) Bill 2019 which Lok Sabha passed. This act has 470 sections and 7 schedules. It applies to all over India. The First Companies … Continue reading Analysis Of Section 179 Of The Companies Act, 2013

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Women Directors and Their Position in India

INTRODUCTION Corporate governance is how a corporation’s values, guiding principles, and management practices are ingrained and manifested. Corporations, governments, investors, and others now acknowledge that diversity on company boards is critical to successful corporate governance. “Diversity in boardrooms” is a hotly contested issue in the field of corporate governance nowadays. Economic growth depends on empowering women to … Continue reading Women Directors and Their Position in India

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Steering the Ship: How Section 179 Empowers the Board to Guide Indian Companies

INTRODUCTION The boardroom, or board of directors is the centre of the business and holds the authority to reshape it to suit the interests of the shareholders and boardroom members. This crucial group works on the business strategy that the company will work on and all of the crucial decisions that ultimately decide the company’s … Continue reading Steering the Ship: How Section 179 Empowers the Board to Guide Indian Companies

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Analysing the Critical Role of Appointed Date in Scheme of Arrangements

The new Companies Act, 2013 marked a significant departure, replacing the time-honoured Companies Act,1956. There were certain modifications, abolitions that introduced new concepts. While much of the Act superseded its predecessor, however there were some new adaptations made with respect to few elements. Among these element, was the concept and idea of ‘Appointed and Effective … Continue reading Analysing the Critical Role of Appointed Date in Scheme of Arrangements

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Buy Back of Securities under the Companies Act, 2013

Introduction Ever since the inception of the Corporate form of business, the world has seen a rapid proliferation of companies. The various advantages that result from choosing the company form of business over sole proprietorship, partnership or LLP are a significant reason why we see so many companies around us in the present day. The … Continue reading Buy Back of Securities under the Companies Act, 2013

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Myriad of Reforms Engulfing M&A and other Important Provisions of Companies Act

Introduction “The Companies Act 2013 regulates the formation and functioning of corporations or companies in India. The 1956 Act was based on the recommendations of the Bhabha Committee. This Act was amended multiple times, and in 2013, major changes were introduced. The new law is aimed at easing the process of doing business in India … Continue reading Myriad of Reforms Engulfing M&A and other Important Provisions of Companies Act

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(SEBI) Security Exchange Board of India and The Capital Market Regulations: A Critique

Introduction The security exchange board of India (SEBI) was created to safeguard the interests of investors and traders in the Indian stock market by promoting the growth and regulation of the equity market and by ensuring a healthy atmosphere in securities. Furthermore, one of the primary reasons for the establishment of the security exchange board … Continue reading (SEBI) Security Exchange Board of India and The Capital Market Regulations: A Critique

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The Companies Act (Amendment) Ordinance 2019 Highlights and Analysis

INTRODUCTION A Committee under the chairmanship of Mr. Injeti Srinivas formed by the Ministry of the Company Affairs (“MCA”) gave their recommendations to relook the offences under the Companies Act, 2013 (“Act”). Consequently ,The Ministry of Law and Justice had came out with an Ordinance dated 2nd November, 2018, further amending 31 provisions of the Act. … Continue reading The Companies Act (Amendment) Ordinance 2019 Highlights and Analysis

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A To Z of Listing Compliances in India

What Is A Listing Agreement? A Company seeking listing of their securities on the Stock Exchange is required to enter into a formal listing agreement with the Stock Exchange. Such listing agreement specifies all the quantitative and qualitative requirements to be continuously complied with by the issuer for continued listing. The Stock Exchange then monitors … Continue reading A To Z of Listing Compliances in India

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M/s. Sunwhite Infrastructure Pvt Ltd. V. Kindle Developers Pvt Ltd, CP No. 40 (ND)/17 (decided on 23.08.2017)

Facts The petition was filed by M/s Sunwhite Infrastructure Pvt Ltd (hereinafter referred to as “the petitioners”) against Kindle Developers Pvt Ltd (hereinafter referred to as “the respondents”) Sec 241[1] and Sec 242[2] of the Companies Act, 2013 alleging acts of mismanagement and oppression prejudicial to the interests of the company as well as the … Continue reading M/s. Sunwhite Infrastructure Pvt Ltd. V. Kindle Developers Pvt Ltd, CP No. 40 (ND)/17 (decided on 23.08.2017)

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