Corporate Law

The Government of India is empowered by Section 6A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 ("Act"), to frame a scheme called the Employees' Pension Scheme for the purpose of providing. ......

Insolvency Proceedings are commenced upon bankruptcy of a debtor. In simple terms, bankruptcy is inability of a corporate debtor to pay back its creditors. Insolvency and Bankruptcy Code, 2016 (“IBC”) governs insolvency proceedings in India. A corporate insolvency resolution process (“CIRP”) is a recovery mechanism for the creditors of the corporate debtor and the CIRP can be initiated under Section 7 & Section 9 of the IBC. ......

Corporate Social Responsibility (CSR) regulations in India require certain companies to mandatorily undertake CSR activities and spend at least 2% of their average net profit of the immediately preceding three financial years on CSR activities. ......

Inactive corporations without significant operations or assets may commonly be used to disguise business ownership from government authorities and the public at large. This is a tactic which may often be used for purposes that are spurious—including the evasion of taxes and the illegal siphoning off of money. ......

The corporate landscape of India has been conservative in its dealings, as outright battles for control are a rarity as far as the field of M&A goes. In a world where most mergers or acquisitions take place on a cordial note, with both sides as willing parties, a hostile takeover would not have been imaginable even after Swaraj Paul’s infamous attempt to takeover Delhi Cloth Mills from the Shri Ram family and Escorts Limited from the Nanda family. ......

The Competition (Amendment) Bill, 2022 (Bill No. 185 of 2022) (the "Bill") was introduced in the Lok Sabha on August 5, 2022. It seeks to, "carry out certain essential structural changes in the governing structure of the Competition Commission of India and changes to substantive provisions to address the needs for new age markets," and amend the Competition Act, 2002 (the "Act"), following the circulation of the draft Competition (Amendment) Bill, 2020 and the 2019 report issued by the Completion Law Review Committee. ......

Pursuant to the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015 ("Listing Regulations"), companies listed on the Indian stock exchanges are required to submit a statement which describes the shareholding pattern separately for each class of securities in the format prescribed by the Securities and Exchange Board of India ("SEBI") . ......

In the year 2020, work from home gained popularity and various sectors in the country were able to shift gears and adopt a total work from home or a hybrid work model. However, companies in Special Economic Zones faced challenges with enabling a work from home structure for their employees due to a lack of uniform guidelines/directions for the same. ......

The Companies Act, 2013 was passed in 2013 with the aim to revamp the Indian corporate governance regime. The new act superseded the erstwhile Companies Act, 1956 and is based upon the three pillars of liberalization, globalization and privatization. ......