SEBI : To ensure that the regulatory framework dealing with insider trading in India is further strengthened, SEBI had notified SEBI (Pr...
SEBI : Pledge of shares by promoters of a listed public company with lenders of money by way of providing security for borrowing by the l...
Company Law : Determination of material listed or Unlisted Indian or foreign subsidiaries of the Company, where applicable, and complying with d...
Company Law : OBLIGATIONS & DUTIES OF DIRECTORS-There are well established judicial precedents that the directors of companies have fiduciary ob...
Company Law : Characteristically, companies have various levels or hierarchies of employees with base levels starting from workers followed by s...
To ensure that the regulatory framework dealing with insider trading in India is further strengthened, SEBI had notified SEBI (Prohibition of Insider Trading) Regulations, 2015 [PTI Regulations] in place of an earlier Regulations.
Pledge of shares by promoters of a listed public company with lenders of money by way of providing security for borrowing by the listed company from such lenders would not tantamount to an acquisition of shares and voting rights by the lenders and would not trigger making of Open Offer under SEBI Take over Code.
Determination of material listed or Unlisted Indian or foreign subsidiaries of the Company, where applicable, and complying with disclosure/other requirements regarding such subsidiaries and disinvestment of their shares held by the Company, and, selling/ disposing/ leasing of assets of such subsidiaries by them.
OBLIGATIONS & DUTIES OF DIRECTORS-There are well established judicial precedents that the directors of companies have fiduciary obligations and also duties to act reasonably, in good faith and in the best interests of the companies where they hold such positions.
Characteristically, companies have various levels or hierarchies of employees with base levels starting from workers followed by supervisors, executives, managers, senior managers, general managers, to the top management usually consisting of functional directors and ultimately the managing director.
The Directors and other Key Managerial Personnel {KMP} of a company constitute its top management with statutory positions, authorities and accountabilities. Their appointments and changes along with their prescribed particulars, including details of the securities held/sold by them in the company etc.
Typically, companies have various levels or hierarchies of employees with base levels starting from the workers followed by supervisors, executives, managers, senior managers, general managers, to the top management usually consisting of functional directors and ultimately the managing director.
There are well established judicial precedents that the directors have fiduciary obligations and duties to act reasonably and in the best interests of the companies where they hold such positions. Their duties emanate due to holding positions which may be synonymous to agents as well as trustees of their companies.
The Directors of a company function and exercise most of their powers at periodical meetings of the Board. The meeting to be vaild has to comply with the provisions of the Companies Act 2013
Amitav Ganguly Background The Board of Directors {Board} of a company is its highest decision making organ. However the shareholders’ jurisdictions always exist as per the scheme of the Company jurisprudence. The directors constituting the Board act collectively, as well as individually, depending upon the position they hold and the authorities granted to them by […]
