TITLE OF BOOK: “COMPANIES ACT 2013: A PARADIGM SHIFT IN INDIAN CORPORATE LAW REGIME” (WORKING TITLE)
Editor-in-Chief: Vaneeta Patnaik, Asst. Professor of Law, WBNUJS
The new Companies Act 2013 replaced old Companies Act, 1956. The new Act partially made effective w.e.f. 12th September, 2013 makes comprehensive provisions to govern all listed and unlisted companies in the country. So far the Ministry of Corporate Affairs has notified and made effective 283 sections, out of total 470 sections.
The MCA has also issued final rules relating to 19 chapters, covering most of the notified sections. Schedule II (regarding depreciation) has also been amended. SEBI, vide Circular dated 17 April 2014, amended Clauses 35B and 49 of the Listing Agreement. Revised Clause 49 (RC 49) among other matters deals with aspects such as related party transactions, independent directors, Audit Committee and vigil mechanism. Purpose of RC49 is to align the requirements of the listing agreement with the 2013 Act.
Replacing the 58-year-old legislation, the new law has stricter norms for independent directors, auditors, key appointments and standards of conduct. The sections notified include some key provisions related to public and private placement, allotment of securities, resolutions requiring special notice, powers to the Serious Fraud Investigation Office, one-person company, related-party transaction, audit and auditors, qualification of directors, board and its powers and revival and rehabilitation of sick companies, among others.
In recognition of the staggering impact of the new Companies Act on trade and commerce in India, we welcome submissions from academicians, practitioners, students, researchers and experts from within the legal community on different aspects of the new Companies Act, 2013 for an edited book on the subject. This book to be published by a reputed publisher attempts to bring out the significant changes and its impact as introduced by the 2013 Act compared to the 1956 Act. We have a strong preference for articles that assert and defend a well-reasoned position.
THEMES AND SUB-THEMES:
I.CORPORATE SOCIAL RESPONSIBILITY AND ITS TAX IMPLICATION
II. CORPORATE GOVERNANCE
2. Director’s responsibility
3. Appointment of Auditor, Rotation of auditor, Auditor’s responsibility, Audit Committee, Internal Audit
4. Depreciation (Amendments to Schedule II to the 2013 Act)
5. Related parties transactions
6. Interaction between 2013 Act and Revised Clause 49
7. Loans to directors and subsidiaries
8. Woman Director
9. Independent Director
10. Nomination and Remuneration Committee (NRC)
11. Forward dealing and insider training
III. OTHER IMPORTANT CHANGES
1. Uniform Financial Year and its implications.
2. National Financial Reporting Authority (NFRA)
4. Mergers, Amalgamation and reconstruction
5. Dilution of the distinction between private companies and public companies
6. Reduction of Capital, Buy-back of shares and Buying out of minority shareholding (Capital Structuring)
7. Securities and Deposits
8. One person company
9. Rehabilitation and Liquidation process
Deadline of Abstract Submission: 30th November, 2014
Notification of Acceptance: 30th December, 2014
Deadline of Full Paper Submission: 30th January, 2015
Expected Publication Date: 30th April, 2015
Papers may be submitted under the following categories:
Articles (5000 to 12000 words*)
Essays (3000 to 5000 words*)
*Please note that the word limit is exclusive of footnotes.
Articles: They must deal with a theme of interest or importance comprehensively and are expected to show an extensive coverage of existing literature and an in-depth analysis.
Essays: Submissions in the form of essays must concisely analyse specific contemporary issues in corporate law.
All manuscripts must be accompanied by:
1. A covering letter with the name(s) of the author(s), institution/affiliation, the title of the manuscript and contact information.
2. An abstract of not more than 300 words describing the submission.
3. Co-authorship (However, not more than 2 authors per piece) is permitted.
No biographical information or references, including the name(s) of the author (s), affiliation(s) and acknowledgements should be included in the text of the manuscript, file name or document properties. All such information may be incorporated in the covering letter accompanying the manuscripts.
Submissions are preferred in Times New Roman font, double-spaced. Main text should be in font size 12 and footnotes in font size 10.
Only footnotes (and not end-notes) should be used as a method of citation. Submissions must conform to the Bluebook (19th edition) system of citation.
Only electronic submissions are accepted. Submissions can be emailed to [email protected] under the subject heading ‘Theme -Sub-Theme – Submission -Name of Article/Essay’.
All submissions should be made in MS Word format (.doc) or (.docx).
For any clarifications, please contact us at [email protected]
Contact Person- Ms. Aisha Ahmed Sharfi (8017206021)
All contributions submitted should be original. Authors are also required to inform the Editorial Board if they have submitted their manuscript to another law journal and if they have received an offer of publication. Authors may request an expedited review on this basis. It shall be within the discretion of the Editorial Board to grant an expedited review.