Deem – Tech Limited vs. R.L. Steel & Energy Limited
Limitation Act, 1963, applies to the proceedings or appeals before the NCLT and its Appellate Tribunal as Section 433 of the Companies Act has not been amended under eleventh schedule of IBC.
Ashok Commercial Enterprises vs. Parekh Aluminex Ltd.
NCLT has jurisdiction over all winding up proceedings, including, inter alia, winding up on the ground of inability to pay debt, where such petition is served to a respondent after 15th December, 2016. For all other winding up petitions served before 15th December, 2016, High Court will continue to have jurisdiction.
ONE PERSON COMPANY UNDER COMPANIES ACT, 2013
ONE PERSON COMPANY UNDER COMPANIES ACT, 2013 Definition of One Person Company (“OPC”) Section 2(62) of the Companies Act, 2013 (“Act”) defines OPC as a company which has only one person as a member. Legal Nature of OPC OPC can be registered only as a private company which means that all the provisions applicable to…
Suspension of Contracts and Impact of Section 22(3) of SICA
Section 22(3) of the Act of 1985 contemplates that where an inquiry under Section 16 is pending or any scheme referred to in Section 17 is under preparation or during the period of consideration of any scheme under Section 18 or where any such scheme is sanctioned thereunder for due implementation of the scheme, the…
How is provision of Section 23 of SICA different from the provision of Section 15 of the same Act?
How is provision of Section 23 of SICA different from the provision of Section 15 of the same Act? As quoted by Supreme Court in U.P. State Sugar Corpn. Ltd. Vs. U.P. State Sugar Corpn. Karamchari Assn. and Ors.[1] “From a perusal of the aforesaid provisions of the Act it would appear that the Act…
Documentation Required for Setting-up Angel Funds
PRIVATE PLACEMENT MEMORANDUM (PPM) At the Offshore Fund level: PPM is the document that discloses all pertinent information to the investors regarding the company, proposed business operations of the company, structure of the transaction, the terms of the investment (share price, note amounts, maturity dates, etc.), potential risks for the investors, and details of the…
Angel Funds and Angel Investors
Angel Funds and Angel Investors As per Regulation 19A(1) of SEBI AIF Regulations, 2012 (“AIF Regulations”) “angel fund” means a sub-category of Venture Capital Fund[1] under Category I- Alternative Investment Fund that raises funds from angel investors and invests in accordance with the provisions of this Chapter 3A of SEBI AIF Regulations. Regulation 19A (2)…
FDI IN REAL ESTATE BUSINESS & CONSTRUCTION DEVELOPMENT SECTOR
FDI IN REAL ESTATE BUSINESS & CONSTRUCTION DEVELOPMENT SECTOR FDI is not permitted in an entity which is engaged or proposes to engage in real estate business, construction of farm houses and trading in Transferable Development Rights (TDRs).[1] For this purpose of FDI investment in real estate business, the term “Real Estate Business” means dealing…
Do Directors Owe Fiduciary Duty to Shareholders?
Scope and Definition of ‘fiduciary’, “fiduciary capacity” and “fiduciary relationship” The Hon’ble Supreme Court in Sri Marcel Martins vs. M. Printer and Ors.[1] defined the term ‘fiduciary’ as- “The word ‘fiduciary’, as a noun, means one who holds a thing in trust for another, a trustee, a person holding the character of a trustee, or…
List of Ordinary and Special Resolutions under Companies Act, 2013
List of Ordinary and Special Resolutions under Companies Act, 2013 [Click the link above to download the PDF]
Application of Principle of ‘Dissolution of Partnership’ to invoke Winding Up
Application of principle of ‘dissolution of partnership’ to invoke winding up of Company under Section 433(f) of Companies Act, 1956 Deadlock in the management of the company is one of the grounds which may make it equitable and just for the court to wind up a company under Section 433(f). Section 433 provides for the…
Case List: Gift of Shares to Company?
Case List Commissioner of Income Tax, Central Circle vs. Nadatur Holdings and Investments (P.) Ltd., 2012, Karnataka High Court; [2012] 210 TAXMAN 597 (Kar); M.K. Kuppuraj and Ors. vs. Commissioner of Gift Tax, 2002, Madras High Court; [2002] 258 ITR 412 (Mad).