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 […]
Securitization of a Cross Border Transaction
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 Indian company, in order to market its handicapped […]
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.
Board Committees and it’s Importance
By Sanjana Sahu and Sahil Sharma, School of Law-KIIT University Editor’s Note: Corporate Governance is the system by which companies are directed and controlled. The Board of Directors are responsible for the governance of their companies and are appointed by shareholders. There are also various Board Committees, which play a major […]
Due Diligence Issues in M&A
By Sonakshi Das, School of Law- KIIT University Editor’s Note: This paper discusses the need for a due diligence in M&A. In today’s business world, the concepts of due diligence and corporate governance are of increasing importance. Due Diligence is not mandatory, however SEBI mandates certain parties to undertake a due […]
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 […]
Foreign Exchange and Management Act, 1999
Piyali Sengupta HNLU, Raipur “Editor’s Note: The paper deals with the Foreign Exchange and Management Act, 1999 comprehensively.” INTRODUCTION The Foreign Exchange Management Act, 1999 was enacted to consolidate and amend the law relating to foreign exchange with the objective of facilitating external trade and payments and for promoting the […]
Buy Back of Shares
BY MEENAKSHI MENON, NUALS Editor’s Note: Buying back of shares which is often taken as a defence against takeovers has been recently given a 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 […]