Corporate and Commercial

How to Manage Shareholder Disputes

How do you resolve conflict between directors and shareholders? Resolving shareholder disputes is crucial for maintaining the stability and growth of any company. Disputes can arise from various issues, including disagreements on management, financial policies or breaches of shareholder agreements. Effective management of these conflicts requires a thorough understanding of the legal framework, a clear …

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Key Considerations for a Shareholder Agreement

What are the key points of a shareholder agreement? In corporate governance, a well-drafted shareholder agreement is indispensable for ensuring smooth operations among shareholders. This legal document outlines critical aspects such as ownership structures, decision-making protocols, dividend distribution and procedures for share transfers. By clearly defining these elements, the agreement helps prevent disputes and provides …

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important clauses of memorandum of association (moa)

Important Clauses of Memorandum of Association (MoA)

What is the importance of the Memorandum of Association (MoA)? The MoA is a fundamental legal document that lays down the essential framework for the establishment and operation of a company in India. Under the Companies Act, 2013, the MoA serves as the company’s charter, delineating its scope of activities, objectives and its relationship with …

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corporate governance laws and regulations india

Corporate Governance Laws and Regulations India

What are corporate governance laws and regulations in India? Corporate governance laws and regulations in India encompass a set of legal frameworks, guidelines and standards designed to ensure accountability, fairness and transparency in the management and control of companies. These laws primarily derive from the Companies Act, 2013, which provides comprehensive rules regarding the composition …

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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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