Business Law - Corporate Law Reporter

JLF or IBC? – Can a single dissenting lender derail the process adopted by other lenders under extant JLF Guidelines?

Reserve Bank of India (“RBI”) and Government of India (“GoI”) have been relentlessly showing their willingness to resolve the near about 6 Lakh Crores worth of Non Performing Assets in the country. Manifesting such willingness, GoI has passed the Banking Regulation (Amendment) Ordinance, 2017 to equip RBI to direct insolvency resolution of specific companies to… Read More

Voluntary Winding up under Insolvency Bankruptcy Code

The Insolvency and Bankruptcy Board of India (“IBBI”) vide its notification dated 31 March 2017 has issued the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 (“the Regulation”) and shall come into force on 1 April 2017. These regulations apply to the voluntary liquidation of Corporate persons under Section 59 of Chapter V… Read More

IBBI [FAST TRACK INSOLVENCY PROCESS OF CORPORATE PERSON (CHAPTER IV OF PART II OF THE CODE)]

SECTION 55 -58 OF THE INSOLVENCY AND BANKRUPTCY CODE, 2016, READ WITH (Fast Track Insolvency Resolution Process for Corporate Persons) Regulations, 2017 CHAPTER II, PART II OF THIS CODE (Procedural Manner) CHAPTER VII, PART II OF THIS CODE (Offences & penalties) ________________________________________________________________________________ Note: The Insolvency and Bankruptcy Board of India (IBBI) has notified the Insolvency… Read More

IBBI invites comments on the regulations notified Insolvency Code

PRESS RELEASE 4 th July, 2017 Insolvency and Bankruptcy Board of India invites comments from public on the regulations notified under the Insolvency and Bankruptcy Code, 2016. The Insolvency and Bankruptcy Code, 2016 (Code) is a modern economic legislation. Section 240 of the Code empowers the Insolvency and Bankruptcy Board of India (IBBI) to make… Read More

MOS (Finance & Corporate Affairs) releases a Compendium of CSR: Best Practices in India

The Union Minister of State (Finance & Corporate Affairs) Shri Arjun Ram Meghwal: India has had a long history of social responsibility; Underlined the need for introducing innovations to be able to effectively contribute to social development and nation building through CSR projects. The Union Minister of State for Finance and Corporate Affairs, Shri Arjun Ram… Read More

MoS to release a Compendium of Best Practices of CSR tomorrow

The Minister of State of Finance and Corporate Affairs Shri Arjun Ram Meghwal to release a Compendium of CSR : Best Practices in India tomorrow; Compendium to highlight and motivate the best CSR practices of Corporate contributed under CSR projects towards nation building efforts for sustainable development. The Minister of State of Corporate Affairs and… Read More

CCI exempts enterprises entering into combination for 5 years

MINISTRY OF CORPORATE AFFAIRS NOTIFICATION New Delhi, the 29th June, 2017 S.O. 2039(E).—In exercise of the powers conferred by clause (a) of section 54 of the Competition Act, 2002 (12 of 2003), the Central Government, in public interest, hereby exempts every person or enterprise who is a party to a combination as referred to in… Read More

FastTrack Merger- A novel change in the restructuring of Companies

Corporate restructurings often are tailored to the needs of the business undergoing the overhaul. The main objective behind corporate restructuring is realignment of business divisions, positioning the company to be more competitive, surviving an adverse economic climate, or acting on the self-confidence of the corporation to move in an entirely new direction. In commercial parlance… Read More

DIFFERENTIAL VOTING RIGHTS AND ITS TREATMENT UNDER COMPANIES ACT,2013

A corporation is a web of contractual arrangements. Post the infamous Satyam case, the need of structured and democratic governance is felt by one and all. The concept of Differential Voting Rights is a traditional one and has received acceptance from other jurisdictions as well. The approach of the author in understanding the treatment of… Read More

Insolvency and Bankruptcy Board notifies IBBI (Inspection and Investigation) Regulation,2017

The Insolvency and Bankruptcy Board of India notifies the Insolvency and Bankruptcy Board of India (Inspection and Investigation) Regulations, 2017 . Under this Regulation, the board shall order to inspect or inspect the service providers defined under Section 2(1)(j) of regulation to ascertain whether adequate internal control systems, procedures and safeguards have been established and… Read More

Insolvency Professional to obtain Certificate of Registration under Insolvency Code:IBBI

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA PRESS RELEASE 15th June, 2017 No person to function as an Insolvency Professional without Certificate of Registration Section 3 (19) of the Insolvency and Bankruptcy Code, 2016 (Code) defines ‘insolvency professional’ to mean a person enrolled under section 206 with an insolvency professional agency (IPA) as its member and… Read More

IBBI notifies Fastrack Insolvency Resolution Process for Corporate Persons Regulations

INSOLVENCY AND BANKRUPTCY BOARD OF INDIA PRESS RELEASE 15th June, 2017 Insolvency and Bankruptcy Board of India notifies Fast Track Insolvency Resolution Process for Corporate Persons Regulations The Insolvency and Bankruptcy Board of India (IBBI), in exercise of its powers conferred by sections 58, 196 and 208 read with section 240 of the Insolvency and… Read More

Limited Liability Partnership (Amendment) Rules, 2017- Amendment in Rule 37

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF CORPORATE AFFAIRS Notification New Delhi, dated the 16th May, 2017. G.S.R (E)…… -In exercise of the powers conferred by sub-sections (1) and (2) of section 79 of the Limited Liability Partnership… Read More