Corporate Law Articles

Corporate Restructuring - A Phenomenon

Posted by CMA. CS. Sanjay Gupta 08 March 2011 32213 Views

Corporate Restructuring means rearranging the business of a company for increasing its efficiency and profitability. It is tool to catapult value to the organization as well as to the investors.

CLB: Procedure before CLB under section 397/398?

Posted by Durga Rao 01 March 2011 13334 Views

There was a specific objective behind section 397/398 of the Companies Act, 1956 and a great responsibility is cast upon the Company Law Board to protect the interests of the minority shareholders, to put an end to the matters complained of and to

Cental Government grants general exemption u/s 212 & 211

Posted by Aditi Jhunjhunwala 01 March 2011 9947 Views

Notification no. 2/2011 dated 8th February, 2011 issued by the Ministry of Corporate Affairs has granted general exemption to companies from sec 212 and sec 211 The general exemption comes at quite a handy time as the financial year is coming to a

CLB's power to set-aside Agreements/Contracts under section

Posted by Durga Rao 21 February 2011 5473 Views

There can be disputes between majority group and minority shareholders in any Company and these disputes come very frequently in closely held companies or Private Limited Companies. The Companies Act, 1956 provides certain rights to the shareholde

CLB's power and responsibility under section 402?

Posted by Durga Rao 15 February 2011 10323 Views

CLBs responsibility to supervise the Company affairs even after passing final orders in a petition under section 397/398? In any litigation, the Court or the authority adjudicating the matter can pass interim orders and the matter will get

Books of Account - allegations of mismanagement?

Posted by Durga Rao 07 February 2011 11122 Views

Despite the clear regulations in the Companies Act, 1956 as to how every Company should record its transactions, maintain books of account and should submit the approved Financial Statements with the ROC, financial transactions in some closely hel

Directors' responsibility, disputes and remedies?

Posted by Durga Rao 31 January 2011 13636 Views

As the shareholders of a Company can not meet so often to take decisions on day-to-day functions of the Company, directors are elected by the shareholders in accordance with the provisions of the Companies Act, 1956. Ultimate control over the dire

Construing 'consent' under section 399 of Companies Act?

Posted by Durga Rao 28 January 2011 10841 Views

Section 399 of Companies Act, 1956 deals with the issue of qualification to file an application under section 397/398 of Companies Act, 1956 seeking appropriate relief when there exists oppression and mismanagement in the Company. The qualificati

A to Z of Limited Liability Partnership

Posted by Member (Account Deleted) 19 January 2011 28058 Views

This article would throw light on procedural aspect of LLP right from the incorporation to winding up. A. INTRODUCTION The concept of Limited Liability Partnership (LLP) in India is viewed as an alternative corporate business vehicle that prov

Winding up of companies

Posted by CA CMA CS Ram Pavan Kumar Melam 18 January 2011 284996 Views

MEANING OF WINDING UP Winding up or liquidation of a company represents the last stage in its life. It means a proceeding by which a company is dissolved. The assets of the company are disposed of, the debts are paid off out of the realised asse