Tag: Companies Act 2013

Buybacks and Company Legislation

INTRODUCTION Buybacks is a process or a mechanism where the company approaches the shareholders to buyback or repurchase the shares they hold of the existing company.[1] Buyback is a good way to do capital restructuring. It is a strategic corporate tool regulated under Companies Act, 2013 and Income Tax Act, 1961 which is used for … Continue reading Buybacks and Company Legislation

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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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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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Protection of Whistleblowers and the Leniency Regime in India

Introduction Whistleblowers in India are protected under the Whistle Blowers Protection Act, 2014 and the Companies Act, 2013. A Whistleblower is a person who files a complaint, reporting the illegal or illegitimate activities which are being carried out by the members of a company. Whistleblowing is the act of filing such a complaint to any … Continue reading Protection of Whistleblowers and the Leniency Regime in India

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National Company Law Tribunal’s (NCLT’s) Role in Corporate Restructuring: A Comprehensive Analysis

Introduction Established under the Companies Act of 2013, the National Company Law Tribunal is a quasi-judicial body that renders decisions on issues pertaining to Indian corporations. In accordance with the 2016 Insolvency and Bankruptcy Code, the National Company Law Tribunal is tasked with adjudicating matters corresponding to the insolvency resolution process, corporate reconstruction, and limited … Continue reading National Company Law Tribunal’s (NCLT’s) Role in Corporate Restructuring: A Comprehensive Analysis

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Subscription And Allotment Of Shares

INTRODUCTION Raising capital is extremely crucial for every business. Capital can be either owned or borrowed. Owned Capital is known as Equity and Borrowed Capital is known as Debt. Equity is raised by issuing instruments called securities in the form of shares which are purchased by shareholders or members of the company. Shares are a … Continue reading Subscription And Allotment Of Shares

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Winding Up/ Liquidation process under the Companies Act, 2013 vis-à-vis Insolvency And Bankruptcy Code, 2016

A firm (for convenience sake called “CD”) regularly supplies certain raw materials to a partnership firm (for convenience sake called “QR”) carrying out its business of manufacturing geysers. After 6 months of regular supply of goods, QR fails to clear the outstanding dues of “CD” amounting to principal amount of Rs.1,25,00/- with interest accrued thereon. … Continue reading Winding Up/ Liquidation process under the Companies Act, 2013 vis-à-vis Insolvency And Bankruptcy Code, 2016

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