Shell Company

All you need to know about Shell Companies

What is a shell company? At present, neither Companies Act, 2013 nor Companies Act, 1956 nor any other Act gives a definition for a Shell company. Efforts to define it are still being made and many recommendations have been considered. One suggestion was given by the Organisation for Economic Co-operation and Economic Development. The definition given was, “A shell […]

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Amendments in IBC

Amendments in IBC (Insolvency and Bankruptcy Code)

Introduction Navrang Saini, a board member of IBBI, recently said that IBC’s jurisprudence is still developing. Since the commencement of the code, there have been several Amendments in IBC (Insolvency and Bankruptcy Code). In the wake of coronavirus, Insolvency and Bankruptcy Code Ordinance 2020 has come as a  relief package for Micro, small and medium […]

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Abstract for REVIVAL AND RESTRUCTURING OF SICK COMPANIES UNDER COMPANIES ACT In the modern times, due to increase in market issues, there are numerous companies facing the issues like losses or on verge of being dysfunctional or in the process of winding up. Now, winding up is not the proper solution as not only a company’s […]

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preference shareholders

Preference Shareholders Vis-A-Vis Equity Shareholders and Creditors

Preference Shareholders are those shareholders who have a preference over the equity shareholders. The preference shareholders have a preference over equity in two ways. One is the preference in terms of dividend distribution out of profits of a company. The dividend is given to them before declaring a dividend for equity shareholders. The second preference […]

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limited liability partnership

Limited Liability Partnership-Is it quasi-partnership, quasi-corporation or sui generis?

Limited Liability Partnership basically means a kind of business entity which have the benefits of a limited liability corporation also, it have the flexibility and the less complicated internal structure of a partnership. Due to this distinct nature of LLP, it is neither governed under the Companies Act, 2013 nor governed under Partnership Act, 1932. […]

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article of association

Article of Association of Company – Its Amendment Procedure And Judicial Approach

Article of Association of Company is a document which is termed as the constitution of the company. The other document with the same position is Memorandum of Association. As per Companies Act, 2013, AOA governs the running of company. Also, it governs setting out voting rights of shareholders, conduct of shareholders’ and directors’ meetings, powers […]

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investor protection

SEBI’s Role In Investor Protection and The Challenges Ahead

SEBI’s establishment was in the year 1988 but were given statutory power in the year 1992.  The basic aim of SEBI was to protect the investors in securities. There a lot of fraud being committed in the securities market wherein the investor’s money was misused and therefore SEBI was formed. Herein we will discuss about […]

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secondary market

Secondary Market In India- Its Control and Management by SEBI

Secondary Market basically means a market where securities are traded after them being exchanged through the primary market. It is called a market where second-hand securities are sold. It includes both equity and debt market. Securities and Exchange Board of India as a regulatory authority was established under section 3 of SEBI Act 1992 in […]

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government company

Government Company in India- Their Need and Legal Structure

Government Company as per section 2(45) of the Companies Act, 2013 means “any company in which not less than 51% of paid-up capital is held by the Central Government, or by any State Government, or partly by the Central Government and partly by one or more State Governments, and includes a company which is a […]

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transfer of securities

Legal regime over transfer of corporate securities- Electronic and manual modes

Transfer of securities means a change in the ownership of the shared title either through a private arrangement or through an exchange transaction. SECTION 56 UNDER COMPANIES ACT As per section 56 of the Companies Act, a company will register the transfer of securities only when it is duly stamped, dated and then executed by […]

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Company Law Board

Company Law Board and NCLT- A comparative study

INTRODUCTION Company Law Board in India was an entity that was given the power of adjudication of company law case. After the amendment in Companies Act in year 2013, this power was given to National Company Law Tribunal. This power came by the notification from Ministry of Corporate Affairs. The basis of this notification was […]

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