Month: October 2015

Internal Governance Structures of Vietnamese Companies under the Enterprise Law 2005

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Since Vietnamese company law provides different internal governance structures for Limited Liability Companies (LLCs) and Shareholding Companies (SCs), this section examines these systems in separate sub-sections. This section concludes that the Enterprise Law 2005 provides different fixed internal governance structures for Company types with mandatory powers and functions for each corporate governance body. INTERNAL GOVERNANCE …

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Compliance Calendar as per Listing Agreement for the quarter ended on September 30, 2015

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  S. No Activities Sections /Rules /Clauses, etc. Acts / Regulations, etc. Compliance Due Date 1. Compliance certificate on Corporate Governance Clause 49 Listing Agreement 15th October, 2015 2. Shareholding Pattern[BSE Ltd has launched a facility of XBRL based reporting for Shareholding Pattern (SHP) w.e.f June 12, 2015. To facilitate the reporting of shareholding pattern in XBRL …

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Legal Jargons

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Maxim: Ratio Decidendi Origin: Latin phrase Meaning: the reason for a decision Example:Ratio Decidendi is the principle of law or the legal reason upon which the outcome of a particular case is founded. Maxim: Obiter Dictum Origin: Latin phrase Meaning: remarks/observations of a judge which are not necessary for reaching a decision Example: An obiter …

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Employee Stock Option Plan (ESOP) – Companies Act, 2013

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This write-up examines various provisions governing Issue of Employee Stock Option Plans as applicable to ‘Unlisted Public Companies’. IntroductionThe idea that employees should have an ownership stake in the company led to the emergence of concept of Employee Stock Option Plan (ESOP). The concept of ESOP is believed to be the brain child of an …

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Securities Exchange Board of India (SEBI)

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1) Securities And Exchange Board Of India (Issue of Capital And Disclosure Requirements) (Sixth Amendment) Regulations, 2015: SEBI vide Notification No. SEBI/LAD-NRO/GN/2015-16/18 dated 10th September, 2015, has amended the SEBI (ICDR) Regulations, 2009 regarding Anchor Investors as follows: “in case of allocation above Rs.250 crore; a minimum of 5 such investors and a maximum of …

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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4354 of 2003

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The Stock Exchange, Bombay …….Appellant Versus V.S. Kandalgaonkar & Ors. ..….Respondents 1. BACKGROUND OF THE CASE: The case pertains to the Income Tax Authorities’ right to recover its dues from the defaulting members of the Stock Exchange, by claiming over the amount realized by the stock exchange through auction of the membership card of such …

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