Tag: Company Law
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Guest Post: Arbitrating Oppression and Mismanagement
(In the following post, Mr Gursharan Virk, Advocate, Singhi & Co, considers the law on the arbitrability of claims involving oppression and mismanagement) Can an arbitration clause alienate the erstwhile inalienable statutory right of a shareholder under sections 397-399 of the Companies Act, 1956 (the ‘Act’)? The fundamental issue here is whether rights ‘in rem’,…
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Transfer of Voting Rights, Without Transfer of Shares: Part 2
[The following post is contributed by Aditi Jhunjhunwala, Senior Associate at Vinod Kothari & Co. She can be contacted at aditi@vinodkothari.com. This is a continuation of a previous post available here] Shares: Personal right or property right A share is an item of property, and can be sold or transferred. Holding a share makes the…
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Transfer of Voting Rights, Without Transfer of Shares: Part 1
[The following post is contributed by Aditi Jhunjhunwala, Senior Associate at Vinod Kothari & Co. She can be contacted at aditi@vinodkothari.com] The moment one possesses a share of a company, along with it also comes a bundle of rights such as the right to vote, receive dividend, transfer, bonus, rights issue, to share in the surplus,…
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Alternative Business Forms
The current issue of the Economist has two interesting pieces (here and here) detailing forms of business that are acquiring prominence in the US markets and posing a challenge to the dominance of corporations (or companies) as the main form of business vehicle. Referring to this phenomenon as “distorporation”, it primarily alludes to the master…
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Duties of Directors: a Recent Judgment
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Clarification on Effectiveness of the Companies Act, 2013
In a previous post concerning the notification bringing into effect several provisions of the Companies Act, 2013, it was discussed that the provision repealing the respective provisions of the Companies Act, 1956 was not brought into effect causing some confusion as to which law will apply to those matters. Based on requests for clarification seemingly…
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Companies Act, 2013: Additional Disclosures in Notices of Meetings
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Some Sections of the Companies Act, 2013 Come Into Force
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”;} The Ministry of Corporate Affairs (MCA) has notified a list of provisions of the Companies Act, 2013 that came into force with effect from…
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Analysis of the Companies Act, 2013
In due course, we propose to analyze various provisions of the Companies Act, 2013. In this behalf, Mihir has recently commented upon the class action mechanism stipulated in the legislation. As for previous analyses of the provisions (as they were contained in the Companies Bill, 2011), please see the following earlier posts on the Blog:…
