This article deals with the concept and procedure of incorporation of Companies in India. I. Introduction A Company is an association of many people who contribute money or monies worth to common stock and employed in some trade or business and who share the profit and loss arising the form. the common stock so contributed is denoted in… Read More »
This article aims to understand the meaning of cross border insolvency, its theory, legal framework and concept across nations. The understanding of cross border insolvency in international trade is highly important for its stakeholders and its increasing necessity and importance in international trade can be realized by the evolution of UNCITRAL model laws. An attempt has been made… Read More »
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 »
This article focuses on the Allotment of shares by a Public Company in an Open Market system with IPO & FPO in detail. I. Introduction The definition of a public company is provided under Section 2(71) of the act as amended by the Amendment act of 2015, that it is a company that is not private in nature… Read More »
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 »
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 »
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 »
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: 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 »
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 »
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