Company Law

FC-TRS Form: Does It Need To Be Filed Even On Transfer Of Only Registered Ownership?

In this post, the authors aim to answer the question as to whether a FC-TRS form needs to be filed where a Non Resident Indian (NRI) transfers ‘registered’ ownership of certain shares to a resident Indian, without transferring ‘beneficial’ ownership of those shares.

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Fractional Shareholding

The implementation of Fractional Shareholding in India

Introduction A fractional share is any stock or other security that a shareholder holds in comparison to a full share. A fraction of a share of stock in a business is known as a fractional share. If the Company Law Committee’s proposal to permit fractional shareholding in India is adopted, an investor who wants to

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Tata v Mistry Shapoorji Pallonji (Copy)

Tata-Shapoorji Group Bout: Round Two – Sneaking into the Loopholes of Corporate Law

In our latest post, the author attempts to highlight the key takeaways from the landmark Tata v. Mistry judgment. In doing so, the author takes a closer look at Article 75 of the Articles of Association and its impact on the future dynamics between TATA and SP group.

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Dispensation of Meetings Companies Act

Dispensation of Meetings under Section 230-232: Analysing the Overall Picture

Introduction Sections 391 to 394 of the Companies Act, 1956 have bestowed upon the High Courts, to sanction the scheme of arrangements. Sections 230 to 240 in the Companies Act, 2013 gives similar power to the National Company Law Tribunal (NCLT). Section 391(1) granted the High Court with the power to order a meeting of

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UK Supreme Court Sevilleja v Marex Financial Ltd

Case Comment: Sevilleja v. Marex Financial Ltd [2020] UKSC 31

In this post, the author comments upon the recent landmark decision of the UK Supreme Court in Sevilleja v. Marex Financial Ltd., wherein the Court significantly curbed the scope of the “reflective loss” principle that had been steadily expanding for several decades.

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Reflection of Debt in a Balance Sheet

Reflection of Debt in a Balance Sheet: Acknowledgment or a Statutory Compliance?

In this post, the author critically examines the decision of the Hon’ble NCLAT in V. Padmakumar v. Stressed Assets Stabilisation Fund & Anr. The author differs from the majority’s widely debated view holding that the reflection of debt in the balance sheet of the Corporate Debtor does not amount to an acknowledgment under Section 18 of the Limitation Act, 1963, and argues that sole reliance on Section 92 of the Companies Act, 2013 is misplaced and the implication of the balance sheet along with the Directors’ Report and financial statement must be considered holistically.

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