Search Results for: Companies Act of 2013

Corporate Social Responsibility Mandates in India: A Legal Overview

Corporate Social Responsibility (“CSR”) has become an integral part of corporate governance globally, and India is no exception. With the enactment of the Companies Act, 2013, India introduced mandatory CSR provisions, making it one of the few countries to legally mandate CSR spending for certain companies. This article provides an overview of CSR mandates in … Continue reading “Corporate Social Responsibility Mandates in India: A Legal Overview”

Legal Remedies for Removal of Disqualification of Directors

As per the provisions mentioned in the Companies Act 2013, a director of a company can be disqualified for five years from the directorship of his/her company and also banned from joining any other organization as a director if his/her current organization fails to submit their financial statement for three years consecutively.

Succinct Summary of The Fast Track CIRP under IBC, 2016

The fast-track CIRP is designed to expedite the insolvency process for smaller companies and enable their efficient restructuring or liquidation.

Proposed Amendments in the Insolvency and Bankruptcy Code, 2016

The issues that are adversely affecting the efficiency and effectiveness of the resolution process and for increasing the possibility of resolution, value of resolution plan, and ending timely resolution.

Corporate Social Responsibility and its Insolvency

In the past few decades, business leaders as well as philosophers came up with a new phenomenon which is Corporate Social Responsibility (CSR). Under CSR Businesses are responsible to the society that exists around them. And under CSR only it becomes their moral duty to safeguard that society and help that society to grow.

Unveiling The Dark Side of Subvention Scheme

Subvention schemes, brings to light incidents of harassment, and analyses how fraud continues to exist in the market despite regulatory interventions such as the NHB decision to end subvention schemes.

How IBC can be helpful to Start-Up?

The fast track process which can be initiated by a creditor or the corporate debtor itself cuts down the time taken to complete an insolvency resolution to almost half as compared to the regular process under the IBC.

FUTURE OF MEDIATION IN INSOLVENCY PROCEEDINGS

Being the least expensive and less time-consuming, Mediation is popular ADR in India. The mediator plays the role of a neutral party who helps the parties to have direct communication and assists in exploring the options and a mutually accepted agreement.

NCLT Prescribes Dress Code for Members, Lawyers, RP, Authorized Representatives & Parties in Person

NCLT specified the dress code for NCLT President, NCLT Members, Legal Practitioners, Authorized Representatives, Interim Resolution Professional, Liquidator, Resolution Professional, and parties present in person.

Eligibility of Resolution Applicant: Section 29A of IBC Code, 2016

Section 29A of the Insolvency and Bankruptcy Code has emerged as one of the key aspects in determining the Eligibility of the Potential Resolution Applicants in a tedious attempt to save the company in question under the Corporate Insolvency Resolution Process (CIRP).

Compulsory winding up of a company

When a business decides to wind up, it can choose between a voluntary winding up method and a compulsory winding up procedure. In the year 2020, the Ministry of Corporate Affairs will issue notices on the winding up of small businesses.

Entries in balance sheet amounts to acknowledgement of debts

The Supreme Court overturn decision of the a 5-Judge Bench order of the NCLAT that balance sheet entries do not amount to the acknowledgment of a debt and thus do not extend limitation under Section 18.