Companies Act | IRCCL 2/3

Runjhun Sharma

Nov 25, 20235 min read

How the EU Mobility Directive Shapes Indian Cross Border Demergers?

The prominence of cross border demergers should be acknowledged as a lucrative option of corporate restructuring.

Bharat Manwani

Nov 7, 20236 min read

Performance Appraisal: A Decade with the Companies Act 2013

The article uncovers the enduring legacy and profound socio-economic ramifications of the Companies Act 2013 over the course of the decade.

Divyanshu Sharma

Oct 6, 20235 min read

Reflecting on Justice Gavai’s Remarks for Enforcement of ‘Corporate Social Responsibility’

Author assesses the efficacy of Section 166(2) of Companies Act 2013 in holding directors accountable for their unsustainable decisions.

Vaanya Mathur, Vidhi Maharishi

Sep 24, 20236 min read

ESG: Reshaping Corporate Responsibility in India’s Sustainable Journey

This article explores the emerging transition from CSR to the broader framework of ESG in India.

Apurva Singhi

Sep 20, 20236 min read

Changes to Anti-Money Laundering Laws in India: A Step in the Right Direction?

The article explores the changes notified by the Central Government to the Prevention of Money Laundering Act 2002.

Ganesh Bhaskar Lata

Sep 16, 20235 min read

SEBI's Amendments to the NCS Regulations: A Move Towards Increased Transparency?

With India being at the epicenter for foreign debt investment, the need for further regulation to ensure transparency is pertinent.

Vaibhav Gupta, Vaibhav Nishad

Sep 13, 20236 min read

Navigating Regulatory Jurisdiction and Due Process: Unraveling the Sanmati Agrizone Conundrum

Author analyzes how the action of ROC of striking down the name of a company without notice has resulted in likely erosion of due process.

Avantika

Sep 11, 20234 min read

Auditor Liability and ‘Emphasis of Matter’ Misuse: NFRA's Vigilance in Upholding Financial Reporting

The NFRA has taken a decisive action by issuing orders that underscore the critical importance of upholding audit standards.

Aditya Krishnan

Jul 29, 20235 min read

VB Rangaraj Judgment and its Impact on Shareholder Agreements Regarding Transferability of Shares

Since there exists a legal grey area between the positions in Rangaraj and Messers, there is a dire need for a legislative solution.

Amika Choudhry, Simran Srivastava

Jul 14, 20236 min read

Navigating the Shift: SARs as a New Frontier For Employee Incentives In India

The article studies the legality of SARs as an alternative option to ESOPs.

Baibhabi Tripathy

Jun 13, 20238 min read

Winning Entry: Freeze-Out Mergers in Indian Corporate Law

Received as part of IRCCL Blog Writing Competition 2022-23, the article proposes a new set of regulatory freeze out measures for India.

Utkarsh Mani Tripathi

Jun 13, 20239 min read

Winning Entry: Evaluating Freezeout Mergers and Burden of Proof in Indian Corporate Law

Received as part of IRCCL Blog Writing Competition 2022-23, the article analyses burden of proof in litigations involving freezeout mergers.

Rajat Sethi, Sumit Bansal, Oshika Nayak

May 20, 20237 min read

Cross-Border Merger Framework in India: Limited Efficacy?

Per the authors, the framework for cross-border mergers in India remains of limited efficacy.

Shourya Mitra, Shruti Mishra

Apr 27, 20236 min read

Enforcement of Award against the Shareholders: The Delhi High Court's Dilution of the Corporate Veil

Per the authors, the principles of law emerging from DMRC case severely dilute the concept of a separate legal entity.

Piyush Senapati

Apr 8, 20237 min read

Stuck on Subjectivity: Envisioning an Alternate Assessment of Director's Good Faith Duty

The subjective-objective approach would inter alia strike a balance between directorial discretion and judicial intervention.

Kunwar Arpit Singh

Feb 3, 20236 min read

The Convolutions of the New ODI Framework: A Companies Act Perspective

The author has particularly analyzed the restrictions on the number of layers of subsidiaries provided in the Overseas Investment Rules.

Basil Gupta, Prithvi Raj Chauhan

Dec 21, 20226 min read

Analyzing Share Buyback as a Defence in the NDTV Takeover

Per the author, when entities in good faith want to expedite the buyback process, there should be some space for companies to do the same.

Shaurya Singh

Nov 2, 20225 min read

Is SSE a Competent Mechanism to Meet CSR Mandates?

The author examines the framework for social stock exchange.

Rupa Veena S, Shariba Tasneem

Oct 11, 20227 min read

Strike-off by RoC under Companies Act 2013: An Action Too Harsh on Companies?

Central Government is well-intended to strike-off shell companies, but small companies might take the fall due to interpretational issues.

Priyanshu Shrivastava, Chirag Chachad

Oct 4, 20226 min read

Selective Reduction of Shares: Balancing Decision-Making Autonomy vis-à-vis Corporate Governance

Authors discuss the jurisprudence of selective reduction of shares under the Indian law.

Dev Agrawal

Sep 29, 20226 min read

Press Note 3 (2020): Deconstructing Foreign Investment By Bordering Countries

Author discusses Press Note 3 of 2020 and the way forward.

Ishaan Saraswat

Aug 21, 20226 min read

To Break Up or Not: Unfolding the Cross-Border Demerger Conundrum In India

The author argues in favour of a progressive reform in pursuit of enabling cross-border demergers through regulatory and judicial certainty.

Pravah Ranka

Jul 9, 20225 min read

Invesco v. Zee: Can Independent Director Nominations by Shareholders be Entertained at EGMs?

The article examines the right of shareholders to suggest nominations for appointment of independent directors.

Samrudh Kopparam

Jul 7, 20226 min read

Activism in Boardroom: Trends, Impediments & Windows of Opportunity in Indian Shareholder Activism

By analyzing the case of Invesco-Zee, this article seeks to answer whether combative activism is feasible in the Indian context.

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