India: Corporate Governance

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Article
The New Compliance Frontier: How DPDP Is Rewriting Corporate Risk In India
India's Digital Personal Data Protection Act, 2023 and DPDP Rules, 2025 have fundamentally transformed how businesses must handle personal data, shifting from viewing it as a commercial asset to treating it as a regulated responsibility requiring robust governance frameworks. Organizations now face enhanced obligations around consent management, data mapping, vendor oversight, and accountability, with significant penalties for non-compliance.
India Privacy
Foresight Law Offices
Article
Choosing The Right Business Structure In India : A Definitive Guide In 2026
India's dynamic business environment offers entrepreneurs three primary legal structures: the Private Limited Company, Limited Liability Partnership, and One Person Company. Each structure presents distinct implications for funding, compliance, taxation, and governance that fundamentally shape a business's growth trajectory. Understanding these differences is essential for founders making this foundational decision.
India Commercial
Foresight Law Offices
Article
From Boardroom To Enforcement Directorate: Why Promoters Can No Longer Hide Behind Limited Liability
The Insolvency and Bankruptcy Code has fundamentally transformed India's corporate distress landscape, introducing a critical caveat to the principle of limited liability. Where insolvency is accompanied by fraud, diversion of funds, or misconduct, the corporate veil is no longer an impenetrable shield, and promoters face personal liability, regulatory investigations, and enforcement actions under criminal and anti-money laundering laws.
India Insolvency
Foresight Law Offices
Article
How Businesses Can Prepare For Investor Due Diligence Processes
Investor due diligence tests whether a business can support its commercial claims with reliable evidence. Indian startups must prepare corporate records, shareholding documentation, contracts, intellectual property, taxation, employment matters, and regulatory filings before investors begin their review. Proper preparation reduces transaction delays, protects valuation, and allows founders to address weaknesses on their own timeline rather than under pressure from prospective investors.
India Commercial
MH
Mansukhlal Hiralal & Co.
Article
SEBI Proposes To Overhaul Investor Consent Framework And Expand Conflict-of-Interest Safeguards For AIFS
On 30 June 2026, the Securities and Exchange Board of India (SEBI) issued a consultation paper (Consultation Paper) proposing significant reforms to the existing framework that governs investor consent mechanisms and conflicts of interest under the SEBI (Alternative Investment Funds) Regulations, 2012 (AIF Regulations). The proposed reforms seek to enhance governance standards by introducing a more uniform framework for obtaining investor consent and broadening the scope of conflict-related safeguards applicable to alternative investment funds (AIFs).
India Commercial
KC
Khaitan & Co LLP
Article
The Expanding Shadow Of The PC Act: Why Private Sector Executives Face Heightened Anti-bribery Risks In India
The Delhi High Court's landmark judgment in Chitra Ramkrishna v. Union of India redefines the boundaries of criminal liability under India's Prevention of Corruption Act, extending anti-corruption provisions to private sector executives performing statutory functions. This decision establishes that the nature of duties performed, rather than corporate structure, determines whether senior management faces prosecution as "public servants" under anti-bribery laws.
India Commercial
BA
BTG Advaya
Article
SEBI Revises ‘Fit And Proper’ Criteria For Intermediaries
The Securities and Exchange Board of India has introduced significant amendments to the 'fit and proper person' criteria for market intermediaries, fundamentally altering how disqualifications are determined and applied. The revised framework shifts from automatic disqualifications based on pending charges to a more nuanced approach centered on actual convictions, while introducing new procedural safeguards and disclosure requirements.
India Commercial
AP
AZB & Partners
Article
Corporate Governance Before IPO: Why “Founder-Led” Cannot Mean “Founder-Controlled?”
Indian companies transitioning from founder-driven private enterprises to publicly listed entities face a fundamental governance challenge: distinguishing between founder-led vision and founder-controlled power structures. As SEBI's regulatory framework demands transparency in board composition, related party transactions, and decision-making processes, pre-IPO companies must dismantle informal governance practices and build institutional counterweights that protect minority shareholders while preserving st
India Commercial
AA
Agama Law Associates
Article
MCA Extends Due Date For Filing Of Form DPT-3 Without Additional Fees
The Ministry of Corporate Affairs has issued a one-time relaxation allowing companies to file Form DPT-3 for the financial year 2025-26 until 31 July 2026 without additional fees. This relief measure comes in response to a fire incident at the MCA Data Centre that necessitated system restoration activities. Companies can now take advantage of this extended deadline to comply with their deposit return filing obligations without incurring late payment penalties.
India Commercial
BA
BTG Advaya
Article
No UPSI Is Not The End Of Inquiry: Code Breaches, Internal Controls And Consequences
A trading window email is missed. A designated person trades through a family account. A contra transaction is noticed only when the exchange asks for trade details. A pre-clearance approval form is signed without testing past trades. An SDD entry is incomplete. A senior executive is involved, and the compliance team is unsure who should inquire. The company has a code, but no real process to identify the breach, examine it fairly, decide the consequence and close the record.
India Commercial
CP
Corporate Professionals
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