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!

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……...

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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……...

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Doctrine of Indoor Management in Company Law

Two doctrines in Company Law running anachronistic to each other are the Doctrine of Constructive Notice and the Doctrine of Indoor Management respectively. These are widely accepted principles evolved through common law judgments infusing reasonableness, fairness and equity to statutory enactments. The former protects the company against ignorant or malicious contractors and bears semblance to the caveat emptor……...

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Corporate Social Responsibility (CSR)

Via the Companies Act, 2013, Corporate Social Responsibility (CSR) initiatives have been made mandatory for certain businesses in India. The recently passed Companies Act, 2013 and the Regulations notified thereunder made it statutory to spend 2 per cent of their earnings on Corporate Social Responsibility for all companies above a certain scale. India is the first nation in……...

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Doctrine of Ultra Vires in Company Law

The Doctrine of Ultra Vires: The Memorandum of Association of a company defines the objects a company is working for and the powers and rights through the exercise of which it seeks to achieve those objects. Section 4(1)(c) states that a company should lay down its objects and anything necessary in furtherance of such objects in its memorandum. This……...

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Articles of Association: Meaning, Nature and Explanation

The Articles of Association (AoA) of a company or just “articles” are in simple terms, its bylaws. These are the rules and regulations which govern and facilitate the daily working of the company. So when a person joins a company, by the virtue of being a member, s/he imbibes certain rights and duties in his/her name. These rights……...

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Memorandum of Association (MoA)

The word memorandum, as defined in Section 2(56) of the Companies Act refers to the Memorandum of Association (MoA) of a company. Subscribing one’s name to a document means appending your signature or thumb impression thereby acknowledging the content of the document. The people who subscribe to the memorandum of a company by signing it are called subscribers….…...

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Disadvantages of Incorporation of a Company

In this article, the author discusses the disadvantages of incorporation of a company under the Companies Act, 2013. The article mainly focuses on the doctrine of “lifting the corporate veil” and explains in details the various scenarios in which the courts look beyond the corporation and the actual forces behind its functioning. I. Introduction A company is the……...

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A Comprehensive Analysis of Section 9 of the Companies Act, 2013

In this article, the author seeks to comprehensively analyse the effect of the registration of a company which is provided in Section 9 of the Companies Act, 2013. The article also focuses on explaining in details the elements of the provision with the help of judicial pronouncements. I. Introduction A company is the most important corporate entity in……...

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A Comparative Analysis of the Provisions of Companies Act, 1956 and Companies Act, 2013

In this article, the author seeks to comprehensively analyse the provisions of the Companies Act, 1956 and the Companies Act, 2013. The article highlights the shortcomings of the earlier legislation and points out how the 2013 Act has rectified the same. It also focuses on the changes in definitions, incorporation, directors, share capital, CSR etc. I. Introduction The……...

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