Corporate and Commercial

Understanding Director’s Liability Under The Companies Act 2013

Directors are the stewards of a company, entrusted with the responsibility of making critical decisions that impact its sustainability and success in achieving its goals and objectives. However, in light of the well-established legal principal of companies being separate legal entities, the question arises: “Would directors be accountable for any violations by the company, and …

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revised thresholds for notifying ‘combinations’ with the cci

Revised thresholds for notifying ‘Combinations’ with the CCI

In a significant move aimed towards ease of doing business in India, the Ministry of Corporate Affairs has issued two notifications on March 7, 2024 by way of which it has increased: (i) the jurisdictional thresholds under the Competition Act, 2002 (“Act”) (which determine the notifiability of a transaction to the Competition Commission of India …

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supreme court clarifies director's liability under ni act

Supreme Court Clarifies Director’s Liability under NI Act

In a recent judgment delivered on March 15, 2024, in the matter of Susela Padmavathy Amma. vs. M/S Bharti Airtel Ltd.,(2024 INSC 206), the Hon’ble Supreme Court (the “Court”), while quashing a criminal complaint filed against one of the directors of a company in connection with the offence punishable under Section 138 read with Section …

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liability clarifications for company officers

Liability Clarifications for Company Officers

In the event that violations are committed by companies under the provisions of the Companies Act, 2013 (“Act”), in addition to the concerned company, proceedings can also be initiated against the “officer in default” under various provisions of the Act. The term “officer in default” is defined under the Act to include whole-time directors (“WTD”), …

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mergers and acquisitions laws & regulations in india

Mergers and Acquisitions Laws & Regulations in India

What laws may restrict or regulate certain mergers and acquisitions in India, if any? This question marks the commencement of an exploration into the mergers and acquisitions laws and regulations within India. The Indian legal landscape governing mergers and acquisitions (M&A) is complex and comprises various legislative acts, regulatory bodies and judicial precedents. These laws …

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advantages of starting a business in india

Advantages of Starting a Business in India

As you embark on your next business venture, why not explore the advantages of doing business in India before investing? India is among the world’s fastest-growing economies, with a strong 6.8% GDP growth[1], sectoral advancements and impactful government measures boosting investment and tech progress. Picture entering a vibrant market of over 1.4 billion people hungry …

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types of business structures in india

Types of Business Structures in India

Are you considering starting a business in India but feeling overwhelmed by the number of choices regarding its structure? One of the crucial decisions entrepreneurs face is selecting the right business structure. Why does this matter? Because the structure you choose will determine your liability, tax obligations and the level of administrative complexity you’ll need …

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Safeguarding Investments: Navigating Restriction on the Transfer of Promoters Shares

Navigating Restriction on the Transfer of Promoters Shares

Safeguarding Investments: Navigating Restriction on the Transfer of Promoters Shares In the dynamic landscape of investments and corporate governance, the ownership of shares by a company’s promoters holds significant sway over business trajectories. Investors keen on ensuring stability and long-term growth must carefully navigate the intricacies of promoter stability and share transferability concerns. Unrestricted transferability …

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clarification on exclusive jurisdiction and venue of arbitration clauses in a contract delhi high court

Clarification on ‘Exclusive Jurisdiction’ and ‘Venue of Arbitration’ Clauses in a Contract

Delhi High Court Clarifies The Implication Of ‘exclusive Jurisdiction’ And ‘venue Of Arbitration’ Clauses In A Contract The Delhi High Court (“Delhi HC/Court”) in Reliance Infrastructure Limited v/s Madhyanchal Vidyut Vitran Nigam Limited 1 (the “Judgement”) clarified that a standard exclusive jurisdiction clause in a contract does not stand as a contrary indica which prevents …

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