Restructuring vs. Liquidation: Strategic Considerations for Corporate Debtors

In today’s challenging economic landscape, many companies find themselves grappling with financial difficulties. When faced with insolvency, the decision between restructuring and liquidation becomes critical, not just for the business but for all its stakeholders, including employees, creditors, and shareholders. Understanding the nuances of these options is essential for making informed choices that can significantly... Continue Reading →

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Navigating Capital Issuance: Bird’s Eye View Of SEBI (ICDR) Regulations

This article has been authored by Arnab Goswami, Agama Law Associates. Investor confidence, not only from institutional investors but also from retail ones, is propelling the current boom in the Indian capital markets. Numerous factors, such as a cut in corporate tax rates and the government's heavy investment in infrastructure projects1, fuel the line-up of... Continue Reading →

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Recovering Debts Through Arbitration After Company Insolvency

This article has been authored by Nitin Jain, Partner, Agama Law Associates. In today's economy, cross-border transactions are standard. However, they come with increased risks, including the potential insolvency of a business partner. When a company enters formal insolvency proceedings, it can become incredibly difficult to recover outstanding debts. International arbitration offers a possible solution but brings... Continue Reading →

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Addressing Wage Arrears & Severance Pay During Employee Insolvency 

This article has been authored by Nitin Jain, Partner, Agama Law Associates. Employee insolvency introduces a web of complications for workers, businesses, and associated legal professionals. The unfortunate reality of unpaid wages, lost severance, and disrupted benefits leaves employees in a precarious situation. This article navigates the complex landscape of employee rights during insolvency, offering... Continue Reading →

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Navigating Scrutiny: Liability Concerns for Independent Directors in Company Insolvencies

This article has been authored by Nitin Jain, Partner, Agama Law Associates. The role of an independent director is a prestigious one, but it carries significant responsibilities and attracts increasing scrutiny, especially in the financially difficult context of company insolvencies. Independent directors are expected to provide impartial guidance, safeguarding the interests of stakeholders. However, as... Continue Reading →

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Ripple Effect on Distributors & Retailers: Strategies for Mitigating FMCG Company Insolvency Risks

The Fast-Moving Consumer Goods (FMCG) sector is a cornerstone of the Indian economy, providing essential products to millions of consumers. However, like any industry, it is not immune to financial instability. The insolvency of a major FMCG company can have a devastating ripple effect throughout the entire supply chain, severely impacting distributors, retailers, and even... Continue Reading →

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