Our Publications

Voluntary Liquidation – A Comparative Analysis Between IBC And CA 1956

  • Category : General Corporate Commercial

Government has recently come up with new regulations on ‘Voluntary Liquidation’ which is effective from April 1, 2017. The new regulations provide the process for initiating voluntary liquidation by a corporate person i.e. companies, limited liability partnerships and any other persons incorporated with limited liability. This article ‘Voluntary Liquidation – A Comparative Analysis Between IBC and CA 1956’ highlights the comparison of new regulations with the provisions of CA 1956.  

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Enforceability of pre-emptive rights including call & put option

  • Category : Private Equity & Venture Capital Investment

The legal enforceability of pre-emptive rights in India including call & put option is always a concern of the foreign investors. In this article, we have tried to analyze all the relevant legal issues in relation to the enforceability of the aforesaid options including the provisions of the Companies Act, 2013 and notifications issued by the Securities and Exchange Board of India and the Reserve Bank of India in this regard.

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IBC diluting the rights of secured creditors

  • Category : General Corporate Commercial

The Insolvency and Bankruptcy Code (“IBC”) Bill has been passed by both the Houses of Parliament and has received the assent of the President on May 28, 2016. The IBC, inter alia, seeks to replace all existing laws related to bankruptcy resolution. This constitutes a vital transformation from the present system wherein multiple applicable laws were governing the insolvency and bankruptcy mechanism. This article ‘IBC diluting the rights of secured creditors’ highlights the relevant provisions which may affect the rights of secured creditors under IBC.

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Change in ‘Control’ of an existing NBFC / HFC

  • Category : Banking & Finance

Keeping in view the growth of the NBFC Sector in the last few years, there has been a sharp increase in the transactions pertaining to acquisitions of Non-Banking Financial Companies (NBFC / NBFCs). One of the major reasons for the same could be higher return on the investment made by the investors in such NBFCs. Foreign investors are also attracted to Indian NBFCs as India has a growing customer base and more growth can be witnessed as compared to the saturated western markets which offer limited growth opportunities.  This Article highlights the key provisions regarding the change in control of an NBFC / HFC.

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Is Restriction On Transfer of Shares Valid Under Companies Act, 2013

  • Category : General Corporate Commercial

Sometimes investor(s) investing in a company, in India, prefer restrictions on transfer of shares by the promoters / shareholders under the shareholders’ agreement / consensual arrangement with an intent to protect their interest or for any other reason. Therefore, it is imperative to understand the legality of such restrictions on transfer of shares in India under Companies Act, 2013 (“CA 2013”). In this Article, we have analyzed the relevant provisions of CA 2013 regarding transfer of shares, as applicable to a public as well as private company.

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RERA: Registration of Real Estate Projects - A Brief Overview

  • Category : Projects

The real estate sector has been one of the top-most contributors to the country’s Gross Domestic Product (GDP) and employment creation. Surprisingly, inspite of being such an important part of the economy, the real estate sector was unregulated for numerous years. In order to regulate the aforesaid unorganized sector, the Indian Parliament passed a legislation called as The Real Estate (Regulation and Development) Act, 2016 (“RERA”) which was made effective on May 1, 2016. In terms of RERA, the registration of real estate project having the specified area is mandatory. In this Article, we have analysed the brief requirements pertaining to registration of such real estate projects under RERA.

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