Category: Corporate Finance

Price sensitive information

By Tanvi Praveen, Symbiosis Law School, Noida Editor’s note: Knowledge is said to be power. Nowhere does this hold truer than in the case of price sensitive information in a company. Such information ought to be released in a manner that benefits all investors equally, without prejudice, and not in […]

Economic Scams in India

Anonymous Editor’s note: India has been home to several scams post 1992, resulting to losses amounting to lakhs of crores of rupees to the economy. These include, in reverse chronological order, the 2G scam, Satyam Scandal, UTI Scam, Fodder scam, and the Harshat Mehta scam. Scams may be defined as […]

Position of Promoter in India: Critical analysis

By Sumit Kumar Suman, CNLU Editor’s Note: For the purpose of formation of a company there must be a process and that involves several stages. the first stage in the process is the promotion. At this stage the idea of carrying on a business is conceived by a person called promoters. […]

Securitization of a Cross Border Transaction

By Hardeep Singh Chawla and Aashna Chawla, Amity Law School Editor’s note: Securitization has undoubtedly emerged globally as an important technique for bundling assets and segregating risks into marketable securities. However, when securitization acquires a tendency of becoming transnational, there are several issues which emerge. Let us consider a situation where an […]

Impact of Finance Act, 2014 – CSR

Sanchit Srivastava, Dr. Ram Manohar Lohiya National Law University Editor’s note: Corporate social responsibility rests on the theory that since a company utilizes the resources offered by nature and society for its benefit it should act as a trustee towards ensuring the welfare of nature and society, and that the […]

Capital restructuring via buy-back of shares

Sanchit Srivastava, Dr. Ram Manohar Lohiya National Law University Editor’s note: Companies evolve their policies continuously in order to adapt to managerial decisions, competition, politics, etc. Restructuring, therefore, becomes inevitable for operational, financial and managerial dimensions. It may be done via expansion, sell-offs, corporate control, and changes in ownership structure. […]

Oppression & mismanagement – Corporate law

Sanchit Srivastava, Dr. Ram Manohar Lohiya National Law University Editor’s note: Indian corporate sector faces a massive problem of protecting minority shareholders from the dominant ones. Drawing upon lessons from the USA, UK and Canada, this paper focuses on building a bridge between the owners and the management, the lack […]

One Person Company

In a one person company, only one person is required who can be a shareholder as well as the Director. The concept opens up spectacular possibilities for sole proprietors and entrepreneurs who can now take the advantages of limited liability and corporatization. The biggest difference between a sole proprietor and a One Person Company would be that in case of a One Person Company, the liability is limited to only the business assets. However, in case of a proprietorship, the liability is unlimited and the creditors can even take hold of the personal assets like your house, personal bank accounts, jewelry etc. which can be used to settle the business liabilities. There are various advantages of starting an OPC. One Person Company gets freedom from complying with many requirements as normally applicable to other private limited Companies. Certain sections like Section 96, 98 and sections 100 to 111 are not applicable for a One Person Company. OPC is indeed a harbinger of progress and industrial growth. It provides a perfect mixture of the unique characteristics of a company while performing with the independence and freedom of a sole proprietorship. This is a concept that is expected to give a big impetus to Corporatization in the country.

Corporate Debt Restructuring-Strategies In The Indian Legal Regime

By Amrit Subhadarsi, KIIT School of Law, Bhuvaneshwar “EDITOR’S NOTE:- In this era of corporate governance reforms, it has become imperative for the Indian financial institutions to re-examine the existing methods of restructuring the companies that incur losses and are unable to function to their optimum capacity. Corporate debt restructuring […]

The Know-All of Insider Trading – Decades of Corruptive Prevention

By Sonakshi Das & Sanjana Sahu Editor’s Note: Insider Trading can simply be defined as Trading in the shares of a company by the person who are in the management of the company or are close to them on the basis of undisclosed price sensitive information regarding the working of the […]

Buy Back of Shares

By Meenakshi Menon, NUALS Editor’s Note: Buying back of shares which is often taken as a defense against takeovers has been recently given legal recognition in India. Sections 77A and 77B have been added in the Companies Act to deal with it specifically. The author discusses the basics and the procedure involved […]