Security Token Offerings Under the Indian Securities Law
In this post, the authors explore the evolving landscape of Security Token Offerings (STOs) in the Indian securities market, emphasising blockchain technology’s transformative potential.
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.
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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TCLF ONE-ON-ONE| Ep. 28| Managing a Boutique Law Firm ft. Abhishek Subbaiah
In this episode of TCLF One-on-One, Mr. Abhishek Subbaih, Founder of Bridge Legal and ex-Khaitan, CAM and JSA talks about managing a boutique law firm, Generalisation and Specialisation, Present and Future of Gaming Laws and and more.
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.
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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Companies (Amendment) Act, 2020: A Critical Analysis
The Companies (Amendment) Act was recently enacted with a view to promote ease of doing business and ease of living to corporates in India. In this post, the author highlights the substantive changes brought about by the Amendment Act and offers a critical analysis of the same.
Case Comment: Lehtimaki and Others v Cooper [2020] UKSC 33
In this post, the author comments upon the recent decision of the UK Supreme Court in Lehtimaki and others v. Cooper, wherein the Court provided clarification on the interplay between company law and charity law.
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.
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.