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Tag: Companies Act 2013

Impact investing: Do use of proceeds clauses actually work?

By Mita Sood, Bharucha & Partners

Use of proceeds clauses in India need monitoring, audit rights and enforceable remedies are beyond covenants

Confusion about who rules on corporate governance

By Ambar Bhushan and Aaryan Goyal, Bharucha & Partners

Delhi HC sets aside interim injunction in director removal dispute, highlights corporate governance limits under arbitration law

Q&A: Proposed changes to fast-track merger process discussed

India plans to widen the fast-track merger process to ease corporate restructuring

Parallel worlds in attaching corporate insolvency assets

By Ambar Bhushan and Divyam Sharma, Bharucha & Partners

Section 32A’s clean slate protection is weakened by prolonged enforcement overlaps

Who’s to blame?

Should directors be personally liable for wrongdoing when impleaded in a case?

Diversity on boards reflects what society looks like

By Mayank Mehta and Jayesh Kothari, DSK Legal

The board of directors oversees top-level decisions and sets the tone for a company’s operations and public image

A regional comparison of ESG regulations

Growing awareness of the impact of environmental, social and governance (ESG) standards is pushing companies around the globe

A regional comparison of ESG regulations: India

By Radhika M Dudhat, Shardul Amarchand Mangaldas & Co

Law stands above commercial wisdom

The Supreme Court’s 3 May judgment, in MK Rajagopalan v Dr Periasamy Palani Gounder & Anr, shows insolvency resolution plans must be approved by a committee of creditors before being put to an adjudicating authority

PE funds face challenges identifying beneficial owners

By Vandana Pai and Hardik Dave, Bharucha & Partners

Tech companies favoured in issue of DR shares

By Swathi Girimaji and Varsha Singh, Bharucha & Partners

Rainbow Papers judgment: Clouds loom over IBC

By Soumitra Majumdar and Utkarsh Bandhu, JSA

By recognising the state government as a secured creditor, the Rainbow Papers judgment exposes the Insolvency and Bankruptcy Code to incongruous uncertainty

Who dares wins, but not at our expense

By Sawant Singh and Aditya Bhargava, Phoenix Legal

A comparison of M&A regulatory updates: India

By Shardul Shroff, Iqbal Khan and Ambarish, Shardul Amarchand Mangaldas & Co

Monkey business

The NSE scandal comprising a mysterious Himalayan yogi, a “group operating officer” who had never worked in the securities market, and a board that looked the other way shows that it takes only a few key individuals to tarnish even a hallowed institution.

Dilemma of a nominee director sharing confidential information

By Bharat Vasani, Cyril Amarchand Mangaldas

Regulatory landscape for debt capital markets

By Aditya Bhargava and Sristi Yadav, Phoenix Legal

Shareholder disputes from a foreign investor perspective

By Inder Raj Gill and Avichal Prasad, Kochhar & Co

Who’s in control?

The markets regulator has begun a process to move away from the broad concept of promoter to controlling shareholders in order to better identify who’s in charge. Shivanand Pandit reports

2021 act brings LLPs into the modern world

By Manoj Kumar, Hammurabi & Solomon

Ordinary course of business is not guaranteed

By Devyani Dhawan and Aditya Vikram Dua, SNG & Partners

Taking a deeper look at changes to SBO regime

By Saket Shukla and Akshay Sachthey, Phoenix Legal

New regime introduced for valuers and valuation

By Rudra Kumar Pandey and Vishal Nijhawan, Shardul Amarchand Mangaldas & Co

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