Corporate Amicus: October 2017

The Apex Court has recently passed a judgment, for the first time, interpreting the scheme of IBC along with certain key provisions, that goes on to establish the efficacy of IBC while upholding the reasons for which the said law was introduced.

Corporate Amicus: September 2017

Considering the pressing need to replace the labour law related legislations with laws which reflect India’s real story today, the government in its annual budget presentation this year announced merging of 44 labour laws into 4 codes on (i) wages; (ii) industrial relations; (iii) social security and welfare; and (iv) safety and working conditions.

Corporate Amicus: August 2017

The complexity surrounding transactions in mergers and acquisitions can never be under-estimated. Such transactions undergo a prodigious milieu, which involves discussions, proposals, negotiations and most importantly, regulatory approvals.

Corporate Amicus: July 2017

Various benches of NCLT have been pronouncing conflicting orders giving rise to inconsistency in interpretation of Insolvency and Bankruptcy Code (IBC) provisions.

Corporate Amicus: June 2017

Public offer in relation to acquisition of shares and takeover of public companies in India is governed by a self-contained code enshrined in the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011.

Corporate Amicus: April 2017

Answering the question as to whether a person who is unable to demonstrate having an ‘interest’ in the affairs of a company, is entitled to obtain copies of such company’s statutory registers, NCLT has recently held that the term ‘any other person’ in relation to a company should include any person who has a business interest in such company, such as a creditor, investor, banker, customer, etc.

Corporate Amicus: May 2017

With the announcement of phase-wise abolition of Foreign Investment Promotion Board (FIPB), and of further liberalization of the FDI policy, it is almost certain that a greater role would be given to the Reserve Bank of India or to the concerned Ministries.

Corporate Amicus: March 2017

Companies Act, 2013 has been amended by Insolvency and Bankruptcy Code, 2016. The amendment now defines the term “winding up” as “winding up under this Act or liquidation under the Insolvency and Bankruptcy Code, 2016.”

Corporate Amicus: February 2017

Slump sale is a commonly used method of business acquisition and in order to give effect to the transaction, the parties typically enter into a Business Transfer Agreement (BTA).

Corporate Amicus: January 2017

Benami Transactions (Prohibition) Amendment Act, 2016 covers comprehensively all aspects of transactions or arrangements where the source of funding for acquisition of a benami property has no permissible links to the ownership structure.