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Makarand M Joshi & Co., Company Secretaries - Mmjc

Latest Posts by Makarand M Joshi & Co., Company Secretaries - Mmjc

Just and equitable powers of NCLT and their statutory limits

June 18, 2026 510 Views 0 comment Print

The Tribunal held that its wide powers under Sections 241-242 and Rule 11 cannot override the mandatory conditions prescribed under Section 55 for redemption of preference shares. The ruling confirms that equitable jurisdiction cannot be used to bypass statutory safeguards.

Does Saving on Consolidation Cost You an RPT Approval?

April 27, 2026 501 Views 0 comment Print

The analysis clarified that shareholder protection is ensured through ultimate parent consolidation. Hence, intermediate companies can still claim exemption under Section 188. The ruling highlights functional over literal interpretation.

Gifting to Shareholders – Courtesy or an Inducement in Disguise?

April 25, 2026 786 Views 0 comment Print

The framework restricts distribution of gifts at or in connection with general meetings. The ruling highlights that such practices may influence shareholder decisions and are therefore non-compliant.

Preference Share Extension Not Reissuance if Within Statutory Limit: NCLT

March 31, 2026 786 Views 0 comment Print

The case examined whether extending redemption timelines amounts to reissuance. The Tribunal held that extensions within statutory limits qualify as variation of rights under Section 48, avoiding Section 55(3) compliance.

SCRR Rule 19 Amendment: What It Means for Large IPOs

March 25, 2026 819 Views 0 comment Print

The amendment addresses challenges of large IPO sizes by introducing a graded public float system based on company valuation. It allows lower initial dilution while mandating gradual compliance with public shareholding norms.

Trustee–Investment Manager Relationship in InvITs: An Agent Principal Perspective

February 3, 2026 609 Views 0 comment Print

Explains how delegation, supervision, and accountability under InvIT regulations align the trustee–IM relationship with classic principal–agent principles.

A Listing Without an IPO: Piramal Finance & Piramal Enterprises Merger

January 1, 2026 1539 Views 0 comment Print

The case shows how regulatory-driven restructuring can lead to stock-market listing without fresh capital raising. It highlights a compliant alternative to traditional IPOs.

Role of Unit Holders in InvITs: Learning from Shareholder Principles

December 18, 2025 609 Views 0 comment Print

Explains the role of unit holders in InvIT governance and how their rights closely resemble shareholder powers in companies.

SEBI’s LODR: 10 Years of Enhancing Market Integrity

December 17, 2025 711 Views 0 comment Print

A decade of LODR has transformed listing compliance through principles-based regulation and technology. The key takeaway is stronger transparency without dampening capital market growth.

SME IPO Rules 2025: SEBI’s New ₹1-Crore EBITDA Test Explained (ICDR)

December 7, 2025 1359 Views 0 comment Print

SEBI now requires SMEs to show ₹1 crore EBITDA in two of the last three years before listing. The rule strengthens IPO quality and improves investor confidence.

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