Implementation of Employee Stock Option Scheme by a Private Company and Tax Implications

A. APPLICABLE SECTION OF COMPANIES ACT:  The procedure as laid down in Section 62 (1) (b) of the Companies Act, 2013 read with Rule 12 of the Companies (Share Capital and Debenture) Rules, 2014 is to be followed.  B. APPROVAL REQUIRED UNDER COMPANIES ACT, 2013 BY PRIVATE COMPANY: Ordinary Resolution in terms of Notification dated […]

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Fast Track Merger- Procedure and Practical Aspects

A. INTRODUCTION: Mergers and amalgamation is a corporate restructuring mechanism that plays a vital role in the expansion and diversification of the companies and their businesses. A merger in layman terms means a combination of companies. The term merger has not been defined under the Companies Act, 2013 (“CA, 2013”) but in commercial terms, a […]

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Effect of COVID-19 on Contracts-Force Majeure

In the everyday context, the term ‘impossible’ refers to the lack of possibility in an event or to perform a task. In the Indian Contract Act, 1872, this impossibility … A. INTRODUCTION: In the everyday context, the term ‘impossible’ refers to the lack of possibility in an event or to perform a task. In the […]

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Corporate Insolvency Resolution Process

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Registration of Non-Banking Financial Company with Reserve Bank of India

A. NON-BANKING FINANCIAL COMPANY: Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 2013 or any other previous law and is engaged in the business of loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by Government or local authority or other marketable securities of a like nature, leasing, hire-purchase, insurance business, and chit […]

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NCLT & NCLAT – The legal battle & the constitutional validity

Introduction of NCLT & NCLAT The first Act to govern all the companies in India was enacted in the year 1913. It gave exclusive jurisdiction to the High Courts and district courts to deal with all the Company matters. After independence, the legislators felt the need for a new law to govern the companies as […]

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A Report on E-Commerce Retail Trading in India

A. INTRODUCTION: Currently, there is no concurrent definition of E-commerce other than the one provided by the FDI Policy[1], which states that: “E-commerce activities refer to the activity of buying and selling by a company through the E-commerce platform”. The definition of E-commerce makes it clear that any buy / sale transactions would be covered. But […]

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Article 19 of the Indian Constitution

A. ARTICLE 19: Protection of certain rights regarding freedom of speech etc: 1. All citizens shall have the right a) To freedom of speech and expression; b) To assemble peaceably and without arms; c) To form associations or unions; d) To move freely throughout the territory of India; e) To reside and settle in any […]

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Article 18 of the Indian Constitution

A. ARTICLE 18 OF THE INDIAN CONSTITUTION: 1. Abolition of titles: (1) No title, not being a military or academic distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State. (3) No person who is not a citizen of India shall, while he holds any […]

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Article 17 of the Constitution

A. ARTICLE 17 OF THE INDIAN CONSTITUTION: Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law. Explanation: Untouchability is neither defined in the Constitution nor in the Act. It refers to a social practice which […]

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