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Disputing a dispute under Insolvency and Bankruptcy Code, 2016


By Arun Mohanty

Debt recovery in India has been a challenge with creditors and debtors disputing  rights and obligations in legal wrangles under various provisions under applicable laws making the process time consuming and costly.

The Insolvency and Bankruptcy Code, 2016 (“IBC” or “Code”) was enacted o...

Recent Rulings on ‘Offer Period’ under Takeover Regulations


By Anu Chowdhry

Public offers in relation to acquisition of shares and takeover of public companies in India is governed by a self-contained code enshrined in the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 (‘2011 Regulations’), that replaced the erstwhile SEBI (Substantial Acquisition of Shares and Takeov...

Dawn of future watchdog for foreign investment in India


By Barnik Ghosh and Sreya Bhar

Foreign investments in India are allowed in two routes; (i) automatic route, and (ii) approval route. Since, there was no approval necessary for the automatic route, several sectors were categorized into the approval route. Prior to the economic liberalization in 1991, it was an extremely difficult ...

Cross-border merger provisions notified


By L&S Corporate Law Team

The Ministry of Corporate Affairs (MCA) has notified Section 234 of Companies Act, 2013 (Companies Act), which specifically deals with cross-border mergers concerning merger or amalgamation of an Indian company with a foreign company and vice-versa, and has come into effect from April 13, 2017....

Scope of ‘Any other person’ under Companies Act, 2013


By Noorul Hassan

In two recently delivered orders of the National Company Law Tribunal (NCLT), the question under consideration was whether a person who is unable to demonstrate having an ‘interest’ in the affairs of a company, is entitled to obtain copies of such company’s statutory registers. This question gives rise to the re...

E-Waste (Management) Rules, 2016 – Highlights


By Sudeep Deshmukh

The Central Government has notified the E-Waste (Management) Rules, 2016 (the EWM Rules, 2016) which supersede the E-Waste (Management and Handling) Rules, 2011, (the EW Rules, 2011). The EWM Rules, 2016, have come into force from 1st October 2016.

The EWM Rules, 2016, apply to every manufacturer, producer, consu...

Winding Up – Legal position under Companies Act, 2013 vis-à-vis Insolvency and Bankruptcy Code, 2016

 
By Aman Parnami

Preamble

Prior to November 15, 2016, the term “winding-up” was neither defined under the Companies Act, 1956 (“1956 Act”) nor under the Companies Act, 2013 (“2013 Act”).

Section 255 of the Insolvency and Bankruptcy Code, 2016 (“...

Stamp Duty issues in slump sale transactions

 
By Rohit Subramanian and Neeraj Dubey
           
Slump Sale
 
Slump sale is a commonly used method of business acquisition wherein an undertaking as a “going concern”is transferred from one entity to ano...

Mergers & Acquisitions provisions notified in Companies Act


By Kanika Shukla and Vidhi Aggarwal

The Companies Act, 2013 (Companies Act) is one of the landmark legislations enacted in recent years to bring forth transparency, ease of doing business and protecting rights of minority shareholders. The Companies Act was, in many ways, perceived as a reaction to the Satyam scam which uncovered...

Benami Transactions (Prohibition) Act - A Study in Comparison


By Barnik Ghosh and Sreya Bhar

In a further crackdown on the parallel economy that has affected the Indian economy adversely, the Central Board for Direct Taxes (CBDT) on November 1, 2016 has notified the Benami Transactions (Prohibition) Amendment Act, 2016 (Amendment Act).  The Amendment Act brings within its purview ...

Stamp duty payable on scheme of Amalgamation


By Prashanth Shivadass
 
A recent Bombay High Court judgement [ see end note 1] sparked a debate amidst corporate lawyers on the issue of stamp duty payable on the order sanctioning the scheme of amalgamation where the transferor and transferee companies have registered offices in two different States in India.
 
Consi...

Corporate Governance issues in Compensation Arrangements: Analysis of SEBI’s Consultative Paper

By Prarthana Baranwal

Background

Last year, the Securities and Exchange Board of India (“SEBI”) introduced the Listing Obligations and Disclosure Requirements Regulations, 2015 (“Regulations”). These Regulations were brought in to provide for a consolidated flow of disclosures and listing o...

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