Articles

All about Corporate Social Responsibility (“CSR”)

‘Doing good is not a private act between a bountiful giver and a grateful receiver, it is a prudent social act.’ – Benjamin Franklin The practice of Corporate Social Responsibility (“CSR”) as a paradigm for organizations and businesses to follow has evolved from its early days as a slogan that was considered trendy by some […]

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The Insolvency and Bankruptcy Code, 2016

(Provisions of this code override the existing laws on matters pertaining to insolvency and bankruptcy) I. Introduction: The Insolvency and Bankruptcy Code, 2016 (“IBC” or “Code”) was passed in order to consolidate and amend the existing legal framework available to deal with the insolvency and bankruptcy matters. The IBC offers a comprehensive and uniform mechanism

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Fast Track Merger – Companies Act, 2013

I. Introduction: Merger/amalgamation is a restructuring tool which helps companies in expansion and diversification of their business and to achieve their under lying objectives. In commercial parlance, merger essentially means an arrangement whereby one or more existing companies merge their identity into another to form a new and different entity which may or may not

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Procedure For Removal Of Auditor Before The Expiry Of His Term

I. INTRODUCTION Section 140 of Companies Act, 2013 and Rule 7 of Companies (Audit and Auditors) Rules, 2014 states the law and procedure regarding removal of auditor before expiry of his term. II. SECTION 140(1) – REMOVAL OF AUDITOR BEFORE THE EXPIRY OF HIS TERM Section 140(1) of the Act provides for removal of auditor before

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Independent Directors – Analyzing their role and Independence

The inclusion of independent directors on the Board of Directors is considered integral to the corporate governance framework. In India, most of the companies are closely held by promoter groups from the same family. The average promoter shareholding in BSE 500 companies is estimated to be over 50%. Hence, in order to counter the dominance

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Companies (Management and Administration) Amendment Rules, 2016

The Ministry of Corporate Affairs (MCA) has amended the Companies (Management and Administration) Rules, 2014 with the notification of ‘Companies (Management and Administration) Amendment Rules, 2016 [amendment rules]’ Date of notification: September 23, 2016. Register of Members Under Section 88 read with rule 3 every company (having share capital) was required to maintain a register

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Producer Company

The concept of Producer Companies was introduced in the year 2002 by incorporating Part IXA (section 581A to 581ZT) into the Companies Act, 1956. The proviso to Section 465 (1) of the Companies Act, 2013 provides that the provisions of Part IX A of the Companies Act, 1956 shall be applicable mutatis mutandis to a

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