Category: Uncategorized
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SEBI Informal Guidance: Trading Disclosures – What’s the “Value”?
[The following post is contributed by Yogesh Chande, Partner, Shardul Amarchand Mangaldas & Co. Advocates and Solicitors. Views are personal.] The SEBI (Prohibition of Insider Trading) Regulations, 2015 (the “PIT Regulations”) prescribe certain disclosure norms relating to acquisitions and disposals of securities by insiders in companies. Specifically, regulation 7(2)(a) states that where acquisitions or disposals…
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Applicability of the Arbitration and Conciliation (Amendment) Act, 2015 – An Unsettling Position?
[The following post is contributed by Nirmit Agrawal, who is a III Year, B.A., LL.B (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata] In the case of Wind World Ltd v. Enercon Gmbh decided in March, a single judge of the Bombay High Court was faced with the much contentious issue…
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Co-existence of Winding-up Petition and Application under Insolvency Code
[The following post is contributed by Nitu Poddar, who is an Associate at Vinod Kothari & Co, and can be reached at resolution@vinodkothari.com] This post seeks to address the question whether an application for resolution process of a company can be filed under the Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in case a winding…
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Transfer of Shares to the Investor Education and Protection Fund (IEPF)
[The following post is contributed by Pammy Jaiswal, who is an Associate at Vinod Kothari & Co, and can be reached at pammy@vinodkothari.com] Introduction By way of its notification dated 28 February 2017, the Ministry of Corporate Affairs (MCA) had tried to simplify the procedure for transferring shares to the Investor Education and Protection Fund…
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Clarifications to the Cruz City 1 Holdings Case: What really happened in Renusagar v. General Electric?
[The following guest post is contributed by Suprotik Das, a 5th year law student at the Jindal Global Law School, Sonepat, Haryana.] On April 11, 2017, the Delhi High Court rendered a judgement in the case of Cruz City 1 Mauritius Holdings v. Unitech Limited. As mentioned in this blog earlier, this case dealt with enforcement proceedings…
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Antecedent Transactions: An Anomaly in the Insolvency and Bankruptcy Code, 2016
[The following post is contributed by Rahul Sibal, 3rd Year, and Deep Shah, 2nd Year, students of NALSAR, Hyderabad. They can be contacted at sibbalrahul@gmail.com and shahdeep998@gmail.com. In this post, they analyze certain anomalies with respect to provisions concerning antecedent transactions under the recently enacted Insolvency and Bankruptcy Code, 2016.] The Insolvency and Bankruptcy Code, 2016…
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Legal Claims: The Convergence of Law and Accounting
[Guest post by Pramod Rao, General Counsel at Citibank India] Many aspects of law and the accounting world coincide and converge especially in commercial enterprises. These are of immense relevance to the enterprise, the general counsel, the chief financial officer, the external/statutory auditors and business units or to control or support functions of the enterprise. …
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The Contents and Discontents of the National Civil Aviation Policy
[Guest post by Pratiek Sparsh Samantara, who is a 5th year BA, LLB (Hons) student at NALSAR Hyderabad] The National Civil Aviation Policy (NCAP) was released on 15 of June 2016 with a view to making travel by air more accessible, and the related infrastructure more efficient. This is the first time an integrated aviation…
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Companies Act, 2013: Cross-Border Merger Provisions Notified
Normal 0 false false false EN-US JA X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:”Times New Roman”;} Under the previous Companies, Act, 1956 (sections 391-394) it was possible for a foreign company to merge with an Indian company, but an Indian…
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The MCA’s Drive Against Non-Operative Companies
96 Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:”Table Normal”; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:””; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:12.0pt; font-family:”Times New Roman”; mso-bidi-font-family:”Times New Roman”; mso-bidi-theme-font:minor-bidi;} [Guest post by Dheeraj Kumar Sharma, who is an Associate at Vinod Kothari & Co.] Introduction The discussion on…
