A ROAD MAP TO MANDATORY CSR: AN ANALYSIS
By- Ms. Aishwarya Deshpande• INTRODUCTION:Corporate Social Responsibility (CSR) is a business model that is adopted by a company in order to be socially responsible to the shareholders, stakeholders, the public at large and itself. By adopting CSR practices, a company becomes aware of how its actions and operations impact various social, economic, and environmental aspects […]
A CRITICAL STUDY OF MEDICAL NEGLIGENCE IN INDIA, REGULATIONS AND CASE LAWS
By Madhav Krishna WHAT IS MEDICAL NEGLIGENCE “Medical negligence” is a term commonly used to describe the wrongful actions or omissions of healthcare professionals in the course of their practice, which can result in harm to patients. While not specifically defined in Indian laws, it has gained widespread recognition in legal discourse. This article aims […]
A COMPARATIVE STUDY ON ROLE OF INDEPENDENT DIRECTOR IN CORPORATE GOVERNANCE IN THE USA, UK AND INDIA
By Garima Bothra Independent Directors under the Companies Act, 2013 (“Act”) have not been defined. However, the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations 2015 defines an Independent Director as a non-executive director, other than a nominee director of the listed entity. Appointment of Independent Directors under the Act: According […]
Understanding the Position of Promoters under the Companies Act, 2013
Introduction Establishing a company is a complicated process that involves several stages. At the initial “promotion” stage, promoters conceive the idea of starting a business and begin the incorporation process. The term “promoters” has previously been used without a specific definition in Indian company law until the Companies Act of 2013 (“Act”) specified their role […]
A CASE FOR DECRIMINALIZATION OF DISHONOUR OF CHEQUES
By Harsh Rohan Sistla ABSTRACT: The economic landscape of India, like many countries worldwide, has been profoundly impacted by the COVID-19 pandemic. As the nation grapples with economic downturns and challenges, the Ministry of Finance has proposed significant reforms to alleviate burdens on businesses and streamline legal processes. Among these reforms is the contentious issue […]
Exploring Equity Options for Advisors in Startups
In the dynamic world of startups, securing experienced advisors can be crucial for success. Offering equity as compensation can be an attractive proposition for both advisors and founders. However, navigating the complexities of equity transfers requires a strategic approach. Let’s explore three options for giving advisor equity and the considerations associated with each. Option 1: […]
Valuation Requirements Under Companies Act 2013
The Companies Act 2013, a landmark legislation in India, outlines various provisions and regulations governing the functioning of companies. Among these, valuation requirements play a crucial role in different scenarios such as preferential issue of further shares, non-cash transactions, compromise or arrangements, purchase of minority shareholding, and the submission of reports by Company Liquidators. In […]
Understanding Various Financial Instruments under the Companies Act, 2013:
Introduction: A critical facet of a company’s structure revolves around the issuance of diverse financial instruments, each crafted to serve distinct purposes. In this exploration, we will take a high-level dive into the varied instruments outlined under the Companies Act, 2013. Equity Shares: Purpose: Represents ownership with voting rights and dividends based on company profitability. […]
Decoding Main Board IPO Regulatory Nuances in India
Embarking on a Main Board IPO in India demands a meticulous understanding of intricacies. Here’s a high-level guide to comprehend the complexities: 1. Valuation: Conducting thorough financial scrutiny and market analysis to anticipate IPO valuation. 2. Existing Investors / Shareholders: Understanding the role of existing investors/shareholders in the entire process. 3. OFS vs Primary: Analyzing […]
Retaining Talent: Unlocking Employee Incentives for Organizational Success
Introduction: In the dynamic landscape of job opportunities and heightened competition, companies face the ongoing challenge of retaining their valuable talent. In this article, we explore effective means to keep employees motivated and engaged through tailored incentive programs, focusing on Employee Stock Options (ESOP), Sweat Equity, and Phantom Stocks. Employee Stock Options (ESOP): ESOPs serve […]