Latest from Company law

Securities scam and stages of its impact with special reference to Enron Scam

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Stage of Impact with reference to Enron When a company suffers from governance problems their impact might be far reaching or temporary but they certainly hamper the corporate operations. We w...

Section 16 of the Competition Act, 2002

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Competition Commission of India is an authorized body who is empowered to enforce the Competitions Law 2002 throughout the country. It was the brainchild of the Vajpayee led Government and was ...

Moratorium: Suspension of Proceedings or Not?

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A moratorium is a stay or suspension of an activity or a law. In a legal framework, it may denote to the temporary suspension of a law to permit a legal trial to be carried out. In direction to d...

Dispute - An IBC perspective

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The dispute under the Insolvency and Bankruptcy Code, 2016 (Code) has an inclusive definition. The intent of an inclusive definition is that the claim of the Operational Creditor should only be d...

Corporate Social Responsibility in India: A mandatory philanthropy not so man...

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"To build and sustain brands that people trust, one must focus not only on today but also on tommorow. Its not easy but balancing the short and long term is the key to delivering sustainable grow...

Resolution vs. Liquidation: The Real Spirit of Insolvency and Bankruptcy Code...

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Companies are generally incorporated with the motive of profit earning but some times, due to financial constraint or other reasons, situations may arise where surviving of entity becomes difficu...

Resolution vs. Liquidation: The Real Spirit of Insolvency and Bankruptcy Code...

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Companies are generally incorporated with the motive of profit earning. Many times, due to some financial constraint or other reasons, situations may arise where surviving of entity becomes diffi...

Articles of Association Play Subordinate Role To Memorandum of Association: A...

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Section 2(5) of the Companies Act, 2013 envisages ‘articles’ which means the originally framed articles of association of a company or any alterations done to the articles of association fr...

Time Limits Prescribed In The Insolvency And Bankruptcy Code Must Be Made Man...

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The Insolvency and Bankruptcy Code, 2018 has created for a legal and institutional framework for the process of regulating insolvency in India. The Code has helped in speeding up the process of...

Interpreting the term Creditor under Insolvency and Bankruptcy Code, 2016

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The term Creditor has been defined under the Insolvency and Bankruptcy Code (IBC), 2016 to provide for an exhaustive definition of the classification of creditors. This has in turn made it sine...