Mondaq All Regions - India: Corporate/Commercial Law
Singh & Associates
Section 164 of the Companies Act, 2013 (herewith referred to as the ‘Act') states various disqualifications for appointment of Director in a company.
Vaish Associates Advocates
The relaxation given to section 8 companies from having minimum number of directors has been withdrawn.
Vaish Associates Advocates
The proviso to the said clause states that financial statement of one person company, small company and dormant company, may not include the cash flow statement.
Fair & Just Legal Solutions LLP
Sometimes investor(s) investing in a company, in India, prefer restrictions on transfer of shares by the promoters / shareholders under the shareholders' agreement / consensual arrangement...
LexCounsel Law Offices
The law with respect to lifting of the corporate veil is well established in India. The courts have time and again held that corporate veil can be pierced only in rare cases ...
Khaitan & Co
In January 2016, the government rolled out the ‘Startup India Action Plan' towards its ambitious ‘Startup India-Stand Up India' manifesto.
Alliott Group (International)
The OECD's PoEM framework is being implemented in India to determine the residency of companies with global operations that may be using their residential status to avoid paying taxes in India.
Vaish Associates Advocates
The Competition Commission of India (CCI) recently penalized Cairnhill CIPEF Limited and Cairnhill CGPE Limited in relation to notification of acquisition of 11% equity shares of Mankind Pharma Limited.
Nishith Desai Associates
The keenness to get the deal done and defer valuation discussions to a later stage often results in parties sweeping latent post-closing disputes under the carpet.
Dhaval Vussonji & Associates
In the month of November, 2015, the Hon'ble Supreme Court has passed judgment in case of Roofit Industries v. SEBI wherein it was held that for the offences committed during the period...
Vaish Associates Advocates
According to Section 75 of the Limited Liability Partnership Act, 2008 ("LLP Act") where the registrar has the reasonable opportunity to believe that the LLP is not carrying on business or its operation...
SKP Business Consulting LLP
The Government of India has introduced a series of measures to promote the set up and development of start-up enterprises. One such incentive is provided under Section 80-IAC of the...
Alliott Group (International)
Pankaj Dave, Senior Partner at B.M. Chatrath in India, explains that after a relatively dull 2016, India's M&A market is headed for some major action this year and is driving India's economic growth.
S.S. Rana & Co. Advocates
In another twist in the Legal battle between Cyrus Mistry and Tata Sons, Cyrus Mistry's investment firms have filed an appeal at the National Company Law Appellate Tribunal...
HSA Advocates
The article analyses two landmark judgments, NTT Docomo Versus Tata Sons and Cruz City Versus Unitech delivered by two coordinated benches of Delhi High Court.
Khaitan & Co
Section 334 of the Companies Act, 2013 inter alia provides that in the case of winding up of a company, any disposition of the property of the company after the commencement of the winding up...
Luthra & Luthra Law Offices
Rajiv Luthra (Founder & Managing Partner, Luthra & Luthra Law offices) chats with us about his remarkable career.
Khaitan & Co
In the US, DPAs are often negotiated by prosecutors with limited judicial involvement.
SKP Business Consulting LLP
Ethics and compliance have evolved alongside digitisation, developing processes and purpose.
Nishith Desai Associates
The Guidelines state that foreign companies that do not meet the ABOI test are subject to a two-step test to determine POEM.
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Nishith Desai Associates
The Ministry of Corporate Affairs notified on June 5, 2015 that certain provisions of the Companies Act, 2013 shall not apply to private limited companies or shall apply with such exceptions or modifications as directed in the notification.
Khaitan & Co
The Government of India had received several representations from industry stakeholders for amending various provisions of Companies Act, 2013 to ensure ease of doing business in India.
Phoenix Legal
The (Indian) Companies Act, 2013 (2013 Act) which replaced the (Indian) Companies Act, 1956 (1956 Act) brought significant changes for private limited companies.
Factum Legal Advocates & Solicitors
The Companies Act 2013 brings a lot of new features, compliances, disclosures for foreign companies operating in India in any mode.
IndusLaw
Deposits have been defined under the Companies Act, 2013 ("2013 Act") to include any receipt of money by way of deposit or loan or in any other form by a company.
Vaish Associates Advocates
Ever since India's biggest-ever corporate fraud and governance failure unearthed at Satyam Computer Services Limited, the concerns about good Corporate Governance have increased phenomenally.
Singh & Associates
Section 232 of the Indian Contract Act, 1872 ("Act"), enumerates of three issues, i.e. consideration for the agreement, the object of the agreement and the agreement per se.
Khaitan & Co
These provisions prescribe that the approval of RBI is mandatory for cross border mergers. For details, please refer to our previous newsflash dated 18 April 2017.
S.S. Rana & Co. Advocates
The constitution of the aforesaid Tribunals is in exercise of the powers conferred by Sections 408 and 410 respectively of the new Companies Act, 2013.
Singh & Associates
It is well settled that frustration automatically brings the contract to an end at the time of the frustrating event.
LexCounsel Law Offices
The erstwhile Companies Act, 1956 contained no statement of statutory duties of directors, and acts of directors were usually reviewed in the context of their powers in terms of section 291 of the CA 1956 .
Singh & Associates
For more then five and a half decades Companies law in India had been governed by Companies Act, 1956.
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