[Announcement on behalf of Cochin University Law Review] The Editorial Board of Cochin University Law Review (CULR), the flagship publication of School of Legal Studies, Cochin University of Science and Technology (CUSAT), is inviting submissions for Volume XLV proposed to be published in December 2022. CULR (ISSN No: 0970-0331), is a quarterly law journal published with the collective efforts of...
Ratification of Director’s Breach of Duty: Opportunity to Evade Liability?
[Arjun Tyagi is a fourth year B.A., LL.B. (Hons.) student at National Law University Odisha.] Directors of companies owe fiduciary and ‘statutory’ (section 166 of the Companies Act 2013) duties to the company, its employees and the shareholders. Common law principles provide ratification of breach of duty by directors, if the shareholders pass a resolution agreeing to absolve directors from...
Call for Papers: Scholasticus
[Announcement on behalf of Scholasticus] Scholasticus (ISSN 0975-1157) is one of the earliest publications by National Law University, Jodhpur, established with the objective of promoting academic research and fostering debate in the field of Banking & Finance. The Journal has been re-launched after a gap of a few years, and is now published under the aegis of the Centre of Studies in Banking...
Foreign Directors in a Protectionist Regime
[Ajitesh Arya and Mitakshara Singh are the 4th year BA LLB (Hons.) students at NALSAR University of Law, Hyderabad] In a bid to further tighten the noose on the investments coming in from China, Hong Kong, and other neighboring countries, the Ministry of Corporate Affairs (MCA) through notification GSR 410E dated 1 June 2022 has made amendments to the Companies (Appointment and Qualifications of...
Digital Assets and the Case to Redefine “Securities” under Indian Law
[Harsh N Dudhe and Pranay Bhardwaj are Year IV Students at NALSAR, Hyderabad] On June 1, 2022, the US Attorney’s Office in the Southern District of New York had alleged charges of wire fraud and money laundering in connection with a scheme to commit insider trading in non-fungible tokens (NFTs). In this indictment in United States of America v. Nathaniel Chastain, it was stated that Nathaniel...
Covid-19 and Company Law: The Impact of Digitalisation
[Dharini Shanker is a 1st Year LL.B student at Campus Law Centre, University of Delhi] The Company Law Committee (“Committee”), set up to make recommendations to the Government for reforms directed at promoting greater ease of business in India and the effective implementation of the Companies Act, 2013 (“Act”), the LLP Act, 2008 and the Rules made thereunder, has submitted its report in March...
Applicability of Significant Beneficial Owner Provisions to Limited Liability Partnerships
[Gaurav Pingle is practising company secretary and can be reached at [email protected]] With an intention to regulate limited liability partnerships (‘LLPs’) more stringently, the Ministry of Corporate Affairs (‘MCA’) issued a notification dated February 11, 2022 (‘MCA Notification’) whereby certain provisions of the Companies Act, 2013 are now applicable to LLPs. The said amendment falls...
Should India Allow Fractional Share Investing?
[Ajith Kidambi is a V year student at the NALSAR University of Law, Hyderabad] Fractional share investing could finally be a reality in the Indian stock market. The Company Law Committee, which the Ministry of Corporate Affairs constituted in 2019, had released its third report in April 2022, making several recommendations to the government to improve the ease of doing business in India and...
Call for Submissions: Trade Law and Development
[Announcement on behalf of Trade Law and Development] The Board of Editors of Trade, Law and Development is pleased to invite original, unpublished manuscripts for publication in the Winter ’22 Issue of the Journal (Vol. 14, No. 2) in the form of ‘Articles’, ‘Notes’, ‘Comments’ and ‘Book Reviews’. Founded in 2009, the philosophy of Trade, Law and Development has been to generate and sustain a...
The Supreme Court Reiterates the Status of Recovery Certificates under the IBC
[Abhyudaya Yadav and Adhiraj Lath are 4th year B.A., LL.B. (Hons.) students at Dharmashastra National Law University, Jabalpur] Recently, the Supreme Court of India (“Court”) in Kotak Mahindra Bank Ltd. v. A. Balakrishnan dealt with the issue of whether the issuance of a recovery certificate by a Debt Recovery Tribunal (“DRT”) can be treated as a “financial debt” within the meaning of section...
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