In view of the multifarious activities of a welfare state, the legislature cannot work out all the details to fit the varying aspects of complex situations. It must necessarily delegate the working out of details to the executive or any other agency. In the context of governance of companies in…

The lockdown restrictions imposed by the Government of India to fight the COVID-19 pandemic posed a great difficulty to the Companies in conducting their General Meetings. Ministry of Corporate Affairs (MCA) had earlier allowed Companies to conduct Extra-ordinary General Meeting (EGM) through Audio-Visual means vide General Circular No. 14/2020 dated…

A lack of transparency results in distrust and a deep sense of insecurity – Dalai Lama It is the cardinal principle of the corporate law that speaks about the concept of corporate governance being the rule of shareholders, for shareholders and by the shareholders. The provisions of Companies Act 2013…

Dividend represents a participation in the profit, based on the amount of share held by the shareholder. A Company works in a way through which an investor can flow their money to the industry and result into nation building. It is thus a matter of more than a private interest…

Our perception of values is dramatically subjective. Few years ago, a couple of Harvard Business School professors published an article titled Creating Shared Value (CSV). It was about maximising revenues, whilst also offering benefits that add to the local community. All profits are not equal, the profits which additionally does…

Articles of Association (AOA) are regulations for internal management of the company. They are the rules or bye-laws for the conduct of Board & Shareholders meetings, issue and transfer of Shares, Powers & duties of Directors, Managing Director etc. A company may prepare its own Articles or it can simply…

Have you issued or transferred any securities post 1st July 2020 or planning to do so? The rule of payment of stamp duty on shares has now been amended by the Ministry of Revenue. The Central Government notified the Indian Stamp (Collection of Stamp Duty through Stock Exchanges, Clearing Corporations…

Over the last few years, there have been some major amendments notified by the Ministry of Corporate Affairs (MCA) in the provisions related to the private placement by which it reduces the timelines of filing of form PAS-3, utilisation of share money, no renunciation rights, etc. Here, we have highlighted…

The Ministry of Corporate Affairs (MCA), during the last couple of years or so, has been on a spree of cleaning up the corporate field. In doing so, many private limited companies, which had not filed their financial statements and annual returns regularly with Registrar of companies (ROC), were struck…

All of us are aware that many counties have entered into double taxation avoidance agreement (“tax treaties” or “DTAA”) with other countries to mitigate the problem of double taxation which reduces the tax liability of residents of one treaty country in other treaty country i.e. by avoiding double taxation of…