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Evaluating the Role and Accountability of Independent Directors: Insights from V. Selvaraj vs. RBI
OverviewA director is an individual selected or appointed to manage the company's business and operations. Collectively, these individuals form the Board of Directors, which is the primary administrat...
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Directors and Fiduciary Duty: The Case of Competing Businesses
Overview of Directors' ResponsibilitiesDirectors are pivotal in the orchestration and administration of a corporation, acting as fiduciaries or trustees who must oversee the company's affairs with loy...
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Corporate Governance: Compliance vs. Spirit
IntroductionCorporate governance encompasses guidance, supervision, and control, emphasizing transparency, equity, accountability, and thorough disclosures. Achieving this requires adherence to positi...
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Assessing the Eligibility of Employees from Fellow Subsidiary Companies as Independent Directors
Eligibility Assessment for Independent Directors: Comparing Criteria and Compliance(i) General Eligibility CriteriaAn independent director concerning a company refers to a director who is not a managi...
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Submission of Form PAS-6: Share Capital Audit Reconciliation for Public and Private Entities
Filing Obligations for Form PAS-6: Share Capital Reconciliation Audit of Public and Private Entitiesi. Mandatory Requirements and Timeline for Submission for Half-Year PeriodsAll unlisted public entit...
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Latest Developments in Securities Law
1. Regulatory Upgrades by ASIC for Financial Services1.1 Introduction of a New Digital Portal by ASIC for AFS Licence ApplicantsOn 5th May 2025, the Australian Securities and Investments Commission (A...
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DPT-3 Compliance Overview: Structure, Application, Deadline, and Objective
1. Objectives of Filing DPT-3:(a) Reporting Financial Obligations: To record all outstanding loans or funds as of March 31, whether categorized as deposits or not, which encompasses:Loans between corp...
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Issuance Procedures and Legal Framework for Debentures under the Companies Act, 2013
1. Overview of Debenture Issuance Issuing debentures is a strategic method for companies to collect debt capital while avoiding the dilution of equity. This process is primarily governed by Section 71...
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Section 16 of the Companies Act, 2013: Rectifying Corporate Names
1. OverviewThe Companies Act, 2013 in its Section 16, addresses the rectification of a company's name. This provision offers a structured legal route compelling companies to modify their names under s...
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Simplification of Fast Track Mergers in India: A New Era in Corporate Restructuring
1. IntroductionThe Ministry of Corporate Affairs (MCA) in India has introduced a series of significant amendments that aim to expedite mergers and amalgamations for numerous companies. These proposed...
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NCLAT’s Position on Interest Claims under MSMED Act in CIRP Proceedings
1.1 Overview of the DisputeThe National Company Law Appellate Tribunal (NCLAT) in the case of SNJ Synthetics Limited v. PepsiCo India Holdings Private Limited addressed the maintainability of a sectio...
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Confidential IPO Filings in India: Emergence, Development, and Current Application
IntroductionAs numerous Indian enterprises gear up for an Initial Public Offering (IPO), opting for the confidential pre-filing method has spurred intrigue around this strategy. The foremost query rem...
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Regulations Governing Private Placement in Indian Companies Under Companies Act, 2013
1. Core Rules of Private Placementi. Governing Provisions: Private Placement is governed by Section 42 of the Companies Act, 2013 alongside Rule 14 of the Companies (Prospectus and Allotment of Securi...
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Guidelines for Company Name Reservation under the Companies Act, 2013
Initial Steps in Company IncorporationWhen establishing a company, the initial step involves securing approval and reservation for the company's chosen name. This process, governed by Section 4(4) of...
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Impact of SEBI’s Updated Listing Regulations on High-Value Debt Listed Entities (HVDLEs)
IntroductionThe Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 ("Listing Regulations") establish the compliance and reporting duties for ent...
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Corporate Misconduct and Shareholder Empowerment: Evaluating Class Actions under Section 245 of the Companies Act, 2013
Introduction to Class Actions in India:Class action suits serve as a powerful global legal tool, allowing groups of individuals sharing common grievances to collectively litigate against corporations....
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A Comprehensive Guide to Form MSME-1
The Micro, Small, and Medium Enterprises (MSME) sector significantly contributes to India's economic growth by providing employment, supporting both rural and urban economies, and boosting GDP. Despit...
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Overview of Recent Developments in Securities Law
Securities Law UpdatesRelease of New Market Data and Analytics by SECOn April 28, 2025, the Division of Economic and Risk Analysis (DERA) within the Securities and Exchange Commission released new ins...
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Guide to NSDL Issuer Portal Registration for Corporate Actions
Initial Registration StepsIssuer's Details(a) Identify as an Issuer in the User Type section.(b) Indicate YES or NO regarding existing dematerialized securities with NSDL.(c) Indicate YES or NO about...
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Dissolution of Companies for Non-Submission of Form 20A
Reasons for Dissolution Due to Non-Submission of Form 20AAccording to the Companies Act, 2013 and the Companies (Amendment) Ordinance 2018, any company incorporated on or after November 2, 2018, must...