Corporate Law

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…

Uncategorized

ESOP under the new Companies Act, 2013

Can ESOPs be issued to the Promoters and Directors under the New Companies Act, 2013? What are the restrictions in terms of percentage? Section 2(37) of the new Companies Act defines employees’ stock option means (ESOP) as- “The option given to the directors, officers or employees of a company or of its holding company or…