Amitav Ganguly

Directors With Cash Less Transactions

Company Law - 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....

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Analysis of appointment of Key Managerial Personnel

Company Law - 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....

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Analysing Member’s Right to Information under Companies Act, 2013

Company Law - 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....

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Highest management in new companies Act

Company Law - 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....

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Scrutiny of Law of Removal of Directors

Company Law - 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....

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Recent Posts in "Amitav Ganguly"

Directors With Cash Less Transactions

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....

Read More
Posted Under: Company Law |

Analysis of appointment of Key Managerial Personnel

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....

Read More
Posted Under: Company Law |

Analysing Member’s Right to Information under Companies Act, 2013

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....

Read More
Posted Under: Company Law |

Highest management in new companies Act

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....

Read More
Posted Under: Company Law |

Scrutiny of Law of Removal of Directors

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....

Read More
Posted Under: Company Law |

Focus on Quorum for Board Meetings

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...

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Posted Under: Company Law |

Law of Disqualifications for Appointment of Directors: Analysis

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...

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Posted Under: Company Law |

Law of Alternate Directorship and proposed amendments

Before one analyases the provisions in the Companies Act 2013 relating to alternate director, { Sub section {2} of section 161 of the Companies Act 2013}, it is to be understood that appointment of alternate director in place of absentee original director is a business decision of the Board of Directors of a company. It is not madatory t...

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Posted Under: Company Law |

Analysis of New Law of Casual Vacancy In Board

Simply stated, a casual vacancy is said to have occurred in the Board of Directors{ Board} when the office of a director appointed by the shareholders is vacated before the expiry of his term. Although the Companies Act 2013 { new Companies Act } doesnot define what constitutes this vacancy,...

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Posted Under: Company Law |

Analysing Law of Additional Director

The provision for appointment of additional directors is a special emergency power available to companies. The appointment lapses when the shareholders would normally assume control over the appointment of the directors at the general meeting. { Ref case: Topandas Mohanlal Advani v. Yeotmal Electric Supply Company {1940} 10 Com Cases 133 ...

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Posted Under: Company Law |
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