Corporate Law articles

Fast Track Merger | Section 233 | Companies Act, 2013

Small companies with fewer resources were also subject to same complex procedure. This was proving to be an obstacle in the way of their growth and expansion. Having the same procedure for merger for all companies was proving to be counter-productive. The complexities of the earlier laws gave rise to the need for a simplified […]...

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Posted Under: Finance |

Pre-Packaged Insolvency Resolution Process for MSME Sector

Preface: COVID-19 pandemic has impacted businesses, financial markets and economies all over the world, including India, and has impacted the business operations of micro, small and medium enterprises – MSME sector and exposed many of them to financial distress. The Government has taken several measures to mitigate the distress caused b...

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Posted Under: Finance |

Social Security Code 2020 & Benefits of Funding Option for Companies

This is article is in continuation with my previous article Gratuity Payment under Social Security Code 2020 wef 01.04.2021, in my previous article we have discussed about the difference between the Old provisions of the Payment of Gratuity Act 1972 (a) and New provisions of Social Security Code 2020 to be effective from 01.06.2021 on [&h...

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Posted Under: Finance |

Want to Start an E-commerce business? (Online selling)

Electronic commerce is a business model that lets firms and individuals buy and sell things over the internet. E-commerce operates in all four of the following major market segments: Business to business Business to consumer Consumer to consumer Consumer to business Due to pandemic,E-commerce is playing a major role in delivering the goo...

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Posted Under: Finance |

New Insolvency Ordinance on Prepackaged Deals & its Role in fulfilling SDG Goal of Inclusive & Equitable Finance

The government has amended the insolvency law to incorporate a pre-packaged resolution mechanism for stressed MSMEs in order to have a faster and more value-maximizing outcome....

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Posted Under: Finance |

Draft Format of MOA of Section 8 Company

There are so many Rules for drafting the Memorandum of Association of Section 8 Company which are required to be complied with , below is the draft Memorandum of Association for Section 8 company. MEMORANDUM OF ASSOCIATION OF (Name of Company to be written here without Brackets) (Limited by share not for profit under section […]...

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Posted Under: Finance |

Legality of Emergency Arbitration In India: Understanding Future Retail Group vs. Amazon

After a highly publicized conflict between Future Retail Ltd. and Amazon.com Investment Holding LLC, the field of emergency arbitration resurfaced in India. There have only been a few cases in India that have dealt with the enforceability of an emergency arbitrator's decision....

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Posted Under: Finance |

Priority of Secured Creditors over Government Dues

Till 31.08.2016 and with effect from 1.9.2016, the Government dues have lost priority of its tax dues against the banks or financial institutions secured creditors ('secured creditors') since the Recovery of Debts and Bankruptcy Act, 1993 and Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2...

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Posted Under: Finance |

The Jigsaw of Pre-Packaged Insolvency for MSMEs

The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 was promulgated by the President on the Fourth day of April 2021. The Ordinance has been introduced with the intent to provide an efficient alternative insolvency resolution process for corporate persons classified as micro, small and medium enterprises (MSMEs) thus ensuring a...

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Posted Under: Finance |

NCLAT Judgement Summary for the Month of March, 2021

NCLAT JUDGEMENT SUMMARY FOR THE MONTH OF MARCH’ 2021 ON IBC, 2016 It gives us immense pleasure to share our 1st Edition of NCLAT Judgement Summary for the month of March’ 2021 covering summary/ gist of finding of the Hon’ble NCLAT. The Judgement summary prepared by us is for the purpose of understanding in short […]...

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Posted Under: Finance |

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