Companies Act

Namya Gambhir

16 hours ago7 min read

Redefining Locus Standi for Oppression and Mismanagement: Shift in the Statutory Scheme

This post examines the requirement of being a ‘member’ to maintain oppression and mismanagement petitions.

Aditi, Abha Singhal

Nov 97 min read

Churning the Ocean: The Irony of Section 230's Shield against IBC's Purge

The authors conclude that the dictum is prone to irony and contradicts the objectives of the IBC.

Subhasish Pamegam

Nov 37 min read

Crossroads of Exit Uncertainties for PE Investors in India: SEBI’s Directive on Special Rights

A stable and predictable regulatory framework for the exit rights of PE investors is crucial for fostering investor confidence.

Yash Kaushik

Oct 315 min read

MCA Revamps M&A Rules: New Amendments to Rule 25A Simplify Reverse Flipping Process

MCA streamlines and simplifies the regulatory framework for transnational mergers.

Devanshi Jadia

Sep 276 min read

Navigating the SPAC Landscape in India: Opportunities, Challenges, and the Path Forward

This article explores the rise of SPACs, their potential advantages and challenges in the Indian context.

Shruti Gala

Sep 25 min read

Paper Tigers: The Unfulfilled Promise of Independent Directorship

To realise the promise of independent directors, strict legislation, improved training and cultural shifts in boardroom dynamics are needed.

Aditi

Jul 276 min read

Corporate Political Spending in India: A Corporate Governance Perspective

The SC ruling helps the purpose of transparency and accountability, but there is scope for improvement on the corporate political spending.

Rikhil Haldar, Tanya Mahajan

Jul 206 min read

Family Feuds at Work? Re-Thinking the Lifting of the Corporate Veil

NCLT must evolve to address the complexities of family-owned businesses, recognizing the impact of family dynamics on corporate governance.

Ayush Tripathi

Jun 306 min read

Expanding the Contours of Significant Beneficial Ownership: A Critique of the ROC Order in LinkedIn India Private Limited

The ROC order has possible ramifications for multinational companies operating in India in terms of increased compliance.

Mythri Murali

Jun 277 min read

Equity Crowdfunding as a Corporate Finance Mechanism: An Analysis

Currently, SEBI is taking a cautious approach to crowdfunding, prioritizing investor safety.

Niharika Mukherjee

Jun 246 min read

The DVR Conundrum from a Corporate Governance Perspective

SEBI’s 2019 framework on DVR shares clearly misses the point of these shares altogether.

Pushkar Gadhwal, Kiran Singh

Jun 224 min read

Direct Listing Overseas: Listing of Equity Shares in Permissible Jurisdiction Rules 2024

The authors examine the Companies (Listing of Equity Shares in Permissible Jurisdictions Rules) 2024.

Agam Gupta, Shubhanshu Dubey

Jun 97 min read

Companies Act Prevails: Supreme Court's Ruling on Share Capital and Stamp Duty

The instant ruling clarifies the precedence of the company law regime over the Bombay Stamp Act.

Kushagra Tolambia, Sakshi Tiwari

Apr 246 min read

Safeguarding Minority Rights and Combating Misconduct: A Deep Dive into Sections 241 and 242 of the Companies Act 2013

Section 241 provides shareholders with a versatile set of tools to respond to different forms of corporate abuse.

Vagmi Gandhi

Apr 206 min read

The Puzzle of Beneficial Ownership: The US Corporate Transparency Act and the Indian Corporate Laws

In juxtaposition to the Indian corporate legislation, the CTA presents both parallels and deviations.

Trisha Beria

Apr 154 min read

Transparency in Electoral Funding: A Shareholder Rights Analysis

The current framework with respect to corporate donations needs to be reformed.

Paras Khetan

Mar 295 min read

Foreign Direct Listing: The Undesirability of Non-Dual Listing

It is recommended that the government prohibits unlisted public companies from listing directly on foreign stock exchanges.

Anaya Nandish Shah, Pulkit Rajmohan Agarwal

Feb 47 min read

Navigating Corporate Decision-Making: Assessing the Business Judgment Rule in India

Absence of a judgment establishing presumption in favor of directors and adopting BJR may be attributed to limited cases against directors.

Anshika Bakrewal

Feb 35 min read

Is Free Transferability of Shares under Section 58 of Companies Act 2013 Actually Free?

Free transferability of shares under Section 58 of the Companies Act 2013 is not absolute.

Subhasish Pamegam

Jan 277 min read

Unveiling Appeal Limits: Supreme Court Verdict on Section 61 of IBC

The recent Supreme Court judgment has brought forth a crucial clarification regarding the limitation for filing appeals under Section 61.

Bhaskar Vishwajeet

Dec 24, 20237 min read

What News on the Rialto? Direct Foreign Listing for Indian Companies

The author highlights the benefits of introducing a direct listing measure on foreign exchanges for Indian companies.

Shruti Thakare

Dec 10, 20235 min read

MCA’s Directive for Dematerialization of Securities for Private Companies

The recent initiative to mandate the dematerialization of shares in private companies in India reflects a multi-faceted strategy.

Garv Arora

Dec 9, 20235 min read

Unveiling the Direct Route of Listing in the Foreign Stock Exchanges

This article highlights the overcoming of the traditional method of issuing securities in the overseas market.

Shweta Kushe

Nov 30, 20238 min read

Paper Tigers: NCLT and NCLAT’s Contempt Jurisdiction under the IBC

A court of law that cannot ensure compliance to its orders is a mere courthouse of brick and mortar.

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