Category Archives: Company Law

Company Law comprises the essential set of laws that govern corporations and businesses. In India, the Companies Act, 2013 is enforced to help regulate the functioning and transactions of companies. Company law is important to maintain transparency and accountability in the system and working of companies.

Legal Bites has compiled the most comprehensive and well-researched articles on Company Law. Keep reading to find out more!

Special Purpose Acquisition Companies (SPAC): Applicability in the Indian Legal Framework

I. Introduction Special Purpose Acquisition Companies (SPACs) have arisen as a potential alternative to collect public funds from offshore markets. They are ideally tailored to start-ups, who otherwise find it difficult to excite conservative Indian retail investors. SPAC is a shell corporation with no operational activities and is managed by an established management team (with skills in a… Read More »

Case Study: Foss v Harbottle (1843)

In the area of corporate law, the rule of Foss v Harbottle has developed a fundamental principle: the company itself is the proper plaintiff over an injustice committed to a company. Along with the “Salomon” concept of separate legal personality of corporations, this principle has been of invaluable value to trade and the global economy. This case study… Read More »

Winding Up of Companies

The whole process of bringing a legitimate end to the life of a firm is broken into two steps. These two processes are winding up of companies and dissolving them. Company winding is described as a mechanism by which a company’s life is put to an end and its property is handled for the benefit of its members… Read More »

Shares, Share Capital and Debentures: Explained

The Companies Act, 2013 (‘the Act’) defines the term ‘share’ in Section 2(84) as a share in the share capital of a company which includes stock unless such differentiation between the two is made out. The definition does not help us understand its nature and hence, the courts and jurists have given us many important definitions for the… Read More »

National Company Law Tribunal (NCLT)

In this article, Ashish Agarwal discusses the formation and functioning of the National Company Law Tribunal (NCLT). I. Background & Importance The Company Law Boards (CLB) were replaced finally with the new, powerful National Company Law Tribunal (NCLT) or “The Tribunal” by passing a government notification under Section 408 of the Companies Act, 2013 on 1st June 2016… Read More »

Meetings under the Companies Act of 2013

Meetings under the Companies Act of 2013: A business can be defined as a legal institution that involves a group of persons interested in the running of a business. A company’s management needs the efforts of several people who debate and ponder on issues before a decision is made. The decisions are also made in meetings that are… Read More »

National Company Law Appellate Tribunal (NCLAT)

The constitution of the National Company Law Tribunal and the National Company Law Appellate Tribunal (NCLAT or the Appellate Tribunal) was recommended by Justice Eradi Committee in 1999 and was subsequently carried out by an amendment in 2002. However, upon a challenge to its validity in the Madras Bar Association case of 2010, it was stopped in its… Read More »