Legal personality

Corporate Criminal Liability – An Indian Perspective

A.   INTRODUCTION CONCEPT & RATIONALE OF CRIMINAL LIABILITY OF CORPORATION Corporate bodies are more corrupt and profligate than individuals, because they have more power to do mischief, and are less amenable to disgrace or punishment. They neither feel shame, remorse, gratitude nor goodwill Hazlitt. [1] The evolution of the concept of criminal liability of corporations is… Read More

Tags: Corporationcriminal lawIndiaLawLegal liabilityLegal personalitySupreme Court of IndiaUnited States

Commencement Notification CA2013 :: Miscellaneous :: Section 447 :: Punishment for fraud

Chapter XXIX Miscellaneous (447 - 470) Section 447- Punishment for fraud Without prejudice to any liability including for repayment of any debt under this Act or any other law for the time being in force, any person who is found to be guilty of fraud, shall be punishable with imprisonment for a term which shall… Read More

Tags: CompanyFeedBurnerFraudLawLegal liabilityLegal personalityPunishmentSite of Special Scientific Interest

Commencement Notification CA2013 :: Section 202 :: Compensation for loss of office of managing or whole-time director or manager

Chapter XIII -Appointment and Remuneration of Managerial Personnel (196 - 205) Section 202- Compensation for loss of office of managing or whole-time director or manager (1) A company may make payment to a managing or whole-time director or manager, but not to any other director, by way of compensation for loss of office, or as… Read More

Tags: Annual General MeetingBoard of directorsCompanies ActFeedBurnerLegal personalityManagementManagerRemuneration

Commencement Notification CA2013 :: Notified Sections 185 :: Loan to directors, etc

Chapter XII -Meetings of Board and its Powers (173 - 195) Section 185- Loan to directors, etc (1) Save as otherwise provided in this Act, no company shall, directly or indirectly, advance any loan, including any loan represented by a book debt, to any of its directors or to any other person in whom  director is… Read More

Tags: Board of directorsExtraordinary resolutionFeedBurnerLegal personalityPrivately held companyReserve Bank of IndiaRupeeSecurity (finance)

Structuring of Business Entities in India

Written By S.Dhanapal, B.Com,B.A.B.L,A.C.S Practising Company Secretary STRUCTURING OF BUSINESS ENTITIES IN INDIA SOLE PROPRIETORSHIP MEANING:- The sole proprietorship is the oldest, simplest, and most common form of business entity. It is a business owned by a single individual. For tax and legal liability purpose, the owner and the business are one and the same.… Read More

Tags: AssetBusinessCompanies lawCorporationHindu Undivided FamilyIncorporationLegal personalitySole proprietorship

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