Articles - Corporate Law Reporter

Company Secretary (CS) profession

Company Secretary (CS) profession – the game changer Career means what? People opine that career means to study and get ‘good’ degree and get a well paid job or getting engaged in business / profession, which will fulfil all their financial needs. But friendly speaking, according to me and many of the reader here will… Read More

2016 Amendment to the FCRA

2016 Amendment to the FCRA This article briefly examines the 2016 amendment to the Foreign Contribution (Regulation) Act, 2010 (“FCRA”), which allows Indian companies owned/controlled by foreign persons to be excluded from the purview of FCRA and how it directly defeats the very purpose of FCRA. Background The FCRA regulates receipt of foreign contribution from… Read More

Cross-Border Mergers.

Merger and acquisition activity plummeted in 2015. However, a steep rise in the same was expected owing to the renewed bankruptcy legislations. The previously applicable Companies Act, 1956 had been replaced by the Companies Act of 2013, with a view to react to the fast-evolving requirements and financial activities of India’s business models. While ‘merger’… Read More

Introduction of SPICE for e- MOA and AOA: Incorporation of a Company further simplified

The Ministry of Corporate Affairs (“MCA”), took a valiant and a versatile step towards Government Process Reengineering (“GPR”) by launching a simplified proforma for incorporating a Company electronically (SPICe- form INC-32)[1]as a part of the Companies (Incorporation) Fourth Amendment Rules, 2016on 1st October 2016.[2]By introduction of SPICe, MCA seeks to achieve a speedy incorporation service… Read More

Semiconductor Integrated circuit layout design: An Intellectual property protection in Indian Regime

Abstract The growth and development in the world has far ago created a new stream to be considered as property i.e. the intellectual property. These properties are created by human who possess intelligence, creativity, intellect, etc which ultimately provide them the right in respect of such property, which is furthermore protected by the government. The… Read More

RBI’s Path towards Liberalisation.

The Reserve Bank of India (RBI) lies at the apex of the banking and financial structure of the country. Recently, it published various notifications that loosened certain restrictions and espoused a smooth-running of its policies. The predominant features are discussed hereunder. 1. FDI norms liberalized for NBFC’S: During the Budget Speech of 2016, the Esteemed… Read More

Takeover Defenses in India

Hostile takeovers have been relatively uncommon in India compared to Western jurisdictions. However, it has been observed in recent times that the trend is slowly but surely catching up in India as well. While the Takeover Code and the Companies Act mandate several disclosure requirements which make it considerably difficult for hostile raiders to acquire… Read More

Corporate Law Referencer 2nd Edition – It’s Different!

Dear Professoinal Colleagues ! • Are you still using the old alarm clock? • Are you still using the old cameras with camera rolls? • Are you still using the old black and white cell phone on which you have to press the button multiple times to type an alphabet? • Are you not on any… Read More

The Ministry of Labour and Employment plans merging all labour laws under 5 Legislations

The Central Government with an intent to overhaul the existing legislative framework has deliberated on the idea of reducing the number of legislations to just 5. The Government seeks to reduce the hardships that companies currently face under the current system, wherein they have to ensure compliances of a mammoth 44 labour laws. The Ministry… Read More

National Company Law Tribunal (NCLT)

The National Company Law Tribunal (NCLT) is a quasi-judicial body in India that adjudicates issues relating to Companies in India. The National Company Law Tribunal was formed or established under the Companies Act, 2013 which was constituted with effect from 1st June, 2016. The Ministry of Corporate Affairs (Central Government) constituted National Company Law Tribunal (NCLT) and National… Read More

Solving the Ambiguity around the Transferability of Shares under the Company Law of India

The capital of a company is the most important driving force behind a company i.e. money invested in it.[1] The capital of a company is raised primarily by virtue of shares, which is a testament to the fact that a person owns certain funds in a company. Shares are considered to be movable property[2] and… Read More

Restrictions on Promoters and Whole-Time Directors of Compulsorily Delisted Companies Pending Fulfillment of Exit Offers to the Shareholders

To All Listed Entities All Registered Registrar & Share Transfer Agents All Depositories All Recognised Stock Exchanges 1. In terms of section 21A of the Securities Contracts (Regulation) Act, 1956 (SCR Act) read with rule 21 of the Securities Contracts (Regulation) Rules, 1957 and Chapter V of Securities and Exchange Board of India (Delisting of… Read More

Landmark day for the Indian Economy as the GST Bill receives President’s Assent

With the Goods and Service Bill, 2014 receiving the Presidential Assent, the Government’s plan to standardize all indirect taxes Pan-India has finally been formalized. The Bill bringing with it an amendment to the Constitution as well, seeks to reform the tax structure in the country by aggregating the Government revenue through taxes under one head.… Read More