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  • National Company Law Tribunal (NCLT) Merger/Amalgamation : Steps to think through and how to go about it.

    National Company Law Tribunal (NCLT) Merger/Amalgamation : Steps to think through and how to go about it.

    Click through the link below to access the article: National Company Law Tribunal Merger/Amalgamation : Steps to think through and how to go about it. Through a notification dated December 7th, 2016 Ministry of Corporate Affairs has notified various provisions

    Sharda Balaji
    By Sharda Balaji about 7 years ago
  • CO-FOUNDER LEAVING THE COMPANY? FEW THINGS TO CONSIDER

    CO-FOUNDER LEAVING THE COMPANY? FEW THINGS TO CONSIDER

    Co-founders separating is a harsh reality in early-stage companies, due to a plethora of reasons ranging from differences in opinion with regards the conduct of affairs, daily administration and management of the Company, to the relationship not working out organically,

    Sharda Balaji
    By Sharda Balaji about 7 years ago
  • APPLICABILITY OF LIMITATION ACT UNDER IBC (BK EDUCATIONAL SERVICES PVT. LTD Vs. PARAG GUPTA ASSOCIATES)

    APPLICABILITY OF LIMITATION ACT UNDER IBC (BK EDUCATIONAL SERVICES PVT. LTD Vs. PARAG GUPTA ASSOCIATES)

    Background Under the Insolvency and Bankruptcy Code 2016 (the Code), there has been an ambiguity with respect to applicability of the Limitation Act, 1963 (the Limitation Act). This has been deliberated upon in several judgments of the National Company Law

    Sharda Balaji
    By Sharda Balaji about 7 years ago
  • Withdrawal Application after Initiation of Corporate Insolvency Proceedings  under the IBC

    Withdrawal Application after Initiation of Corporate Insolvency Proceedings under the IBC

    Introduction In case of any disputes between the parties, there are probabilities that parties might compromise and settle the matter during the pendency of the case before the Court.  In this blog, we analyse the situation where the application has

    SH
    By Shivani Handa about 7 years ago
  • Cross Border Mergers - Key Regulatory Aspects to Consider

    Cross Border Mergers - Key Regulatory Aspects to Consider

    Introduction Cross-border mergers and acquisitions have rapidly increased reshaping the industrial structure at the international level. A cross-border merger means any merger, amalgamation or arrangement between an Indian company and a Foreign Company[1] in accordance with the Companies Act, 2013

    Sharda Balaji
    By Sharda Balaji about 7 years ago
  • Codification of Duties of Directors under the Companies Act 2013

    Codification of Duties of Directors under the Companies Act 2013

    Introduction While the rights, powers, and duties of Directors defined in the Articles of Association of the Company, a need was felt for legal clarity. Under the Companies Act 1956 (the Erstwhile Act), there were no explicit provisions regulating the

    IA
    By Ifla A about 7 years ago
  • Breach Notification – A right to be informed

    Breach Notification – A right to be informed

    In November 2017, reports confirming a massive data hack at Uber compromising data of almost 57 million users surfaced online. It is pertinent to note that these reports surfaced almost one year after the actual breach occurred. Uber had not

    Sharda Balaji
    By Sharda Balaji about 7 years ago
  • REMUNERATION TO INDEPENDENT DIRECTOR

    REMUNERATION TO INDEPENDENT DIRECTOR

    The role of Independent Director features prominently in Corporate Governance Codes. In India, the Companies Act 2013 (the Act) and SEBI (Listing Obligations and Disclosure Requirements) Regulations 2015 have completely revamped the country’s corporate governance code. Corporate governance generally places

    IA
    By Ifla A about 7 years ago
  • Are Assured Returns or Damages in instances of Breach a “Financial Debt” under Insolvency & Bankruptcy Code 2016?

    Are Assured Returns or Damages in instances of Breach a “Financial Debt” under Insolvency & Bankruptcy Code 2016?

    Under the Insolvency and Bankruptcy Code, 2016 (the Code), a financial creditor can initiate a Corporate Insolvency Resolution Process (CIRP) by filing an application before the jurisdictional National Company Law Tribunal (the NCLT) upon the occurrence of a default in

    Sharda Balaji
    By Sharda Balaji over 7 years ago
  • Initial Coin Offerings – A Case for Regulatory Framework in India

    Initial Coin Offerings – A Case for Regulatory Framework in India

    Initial Coin Offerings (“ICOs”) has gained prominence in the world of crypto-currencies and startups as a relatively-easy fundraising mechanism. News about raising millions of dollars in a few seconds upon opening of the ICO is adding to the frenzy. Many

    Sharda Balaji
    By Sharda Balaji about 7 years ago
  • Nuances associated with Issuance of Compulsorily Convertible Debentures

    Nuances associated with Issuance of Compulsorily Convertible Debentures

    Compulsorily Convertible Debentures (CCDs) are considered to be hybrid instruments / and equity linked instrument, i.e. they are treated as debt till the time they are converted into equity. When they are issued it is a debt, after a period

    SS
    By Shruthi Shenoy about 7 years ago
  • Independent Directors- Are they Independent in their Judgements?

    Independent Directors- Are they Independent in their Judgements?

    Independent Directors (ID) bring objectivity and an independent opinion to the decisions made by the directors of the company. IDs play a supervisory role and take into account the interests of shareholders, creditors, employees and other stakeholders in general. While

    Ashwin Bhat
    By Ashwin Bhat over 7 years ago
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