[This guest post is contributed by Ananya Banerjee, who is a Fifth year B.A.LLB(H) Student, Department of Law, University of Calcutta. The post relates to an interpretation of certain provisions of the Companies Act, 2013, and represents the view of the author, which have been backed up by arguments and reasoning. The possibility of alternative views and interpretation cannot be ruled out] This...
Supreme Court on Piercing the Corporate Veil in Public Interest
Background The separate legal personality of a company is a feature that has made that business form the most popular by a mile. However, the separate legal personality is not sacrosanct and is subject to limitations, as courts use the legal tool of piercing the corporate veil to disregard the separation between the company as a legal entity on the one hand and its shareholders and directors on...
Update: Action Plan on Start-up India
[The following post is contributed by Bhushan Shah and Neha Laxman from Mansukhlal Hiralal & Company] At the Global Workshop for Start-ups in Delhi, the Government very recently announced an Action Plan to promote and provide a conducive environment for Start-ups. The primary objective of the Action Plan is to (i) ease the process for young Indians to begin, sustain and develop home...
Fiduciary Capacity of Regulators and the Right to Information
[The following guest post is contributed by Apoorv Chaturvedi, who is a 4th year BA LLB student at the Jindal Global Law School] The regulatory regime in India is a complex system with multiple regulators set up for promoting “healthy and orderly development”[1] and to “prevent malpractices”[2] of companies, banks, stock markets etc. This healthy development is very closely related to the...
SEBI: Report on Alternative Investment Funds
Yesterday, the Alternative Investment Policy Advisory Committee appointed by SEBI under the chairmanship of Mr. Narayana Murtyh issued its first report. The Committee has suggested a number of reforms on different fronts, including creating a favourable tax environment for investors, unlocking domestic sources of venture capital and private equity, enabling and encouraging onshore fund management...
3rd WTI – CWS Jt. Academy on International Trade Law and Policy
[The following announcement is posted on behalf of the Centre for WTO Studies] The Centre for WTO Studies, in partnership with the World Trade Institute, Berne is launching the 3rd WTI – CWS Joint Academy on International Trade Law and Policy in New Delhi, from May 23 – June 17, 2016. Taught by distinguished academics and practitioners from India and abroad, the course will...
Whether CSR Expenditure is Appropriation of Profits?
[The following post is contributed by Vinod Kothari of Vinod Kothari & Co. The author may be contacted at [email protected]] A circular of the Ministry of Corporate Affairs (MCA), with a set of FAQs along with response dated 12 January 2016 through general circular no. 01/2016 has clarified that the expenditure on corporate social responsibility (CSR) is not deductible as a business...
Supreme Court Resolves Conflict Between SARFAESI Act and Companies Act
In Pegasus Asset Reconstruction P. Ltd. v. Haryana Concast Ltd., the Supreme Court was concerned with a conflict between the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity ‘the SARFAESI Act’) on the one hand and the Companies Act, 1956 on the other. The specific conflict was identified as follows: Whether a Company Court, directly...
Assignability of Life Insurance Policies
The controversial practice of companies taking out “dead peasants” insurance on the life of their employees was depicted by Michael Moore in his film “Capitalism: A Love Story”. In this, companies took insurance policies on the lives of their employees and also paid the premium on them. In case of the death of their employees, the claims would be paid out to the employer, and the family of the...
4th NLS Law and Technology Legislative Analysis Competition, 2015-2016
[The following announcement is posted on behalf of the Law and Technology Society at the National Law School of India University, Bangalore] The Law and Technology Society is proud to present the 4th edition of ‘NLS Law and Technology Legislative Analysis Competition, 2015-16’. This National level competition aims to continue the effort to involve students in research...
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