After our last blog on Corporate Social Responsibility (almost a year ago), the Government has notified Section 135 of the Companies Act, 2013 and amended certain portions of Section 135 and Schedule VII at the time of notification of these provisions. In this post, we seek to highlight certain key changes to the law pertaining... Continue Reading →
Insider Trading: The Indian law on this so far
Justice K.S. Radhakrishnan has held in a recent case that: “SEBI, the market regulator, has to deal sternly with companies and their Directors indulging in manipulative and deceptive devices, insider trading etc. or else they will be failing in their duty to promote orderly and healthy growth of the Securities market. Economic offense, people of... Continue Reading →
FDI in LLP: The Law Giveth and Taketh Away
Foreign Investors setting up business in India can enter the Indian market through many ways including establishing a Branch / Liaison Office, incorporating a subsidiary in India, through a Limited Liability Partnership (LLP) and other means that have been prescribed. A LLP is viewed as an alternate corporate business vehicle that provides the benefits of... Continue Reading →
Compliances with Companies Act, 2013 by Private Limited Companies with respect to loans to directors (Part 5)
Companies advancing loans or providing securities for loans taken by Directors has always been a very complex subject. This is particularly so for private companies which are most often run by promoter directors. Some private companies are closely held family concerns where the family members are directors and it is quite common for the companies... Continue Reading →
Lease or Leave and License: Dynamics for commercial decisions
The query regarding the feasibility of a lease and leave and license is often answered through commercial feasibility in terms of the applicable stamp duty, particularly in Maharashtra. However, it is necessary to comprehend the intention of the parties vis-à-vis a property to arrive at the necessary documentation. Lease and leave and license are the... Continue Reading →
Compliance with Companies Act, 2013 for Private Limited and other Unlisted Companies (Part 4)
The Companies Act, 2013 seeks to create a major overhaul in the functioning of the corporates in India. The Act subjects private companies to a greater control and compliances and withdraws many of the exemptions available to private companies under the Companies Act, 1956. One such area is compliances relating to issue or offer of... Continue Reading →
COMMERCIAL LAW BLOG 