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Soumya Bajpai

Soumya has done LLB (Hons) and has a 2+years experience in writing. Her main interest is in reading judgments, new enactments and amendments taking around in law. She always strives to bring the best to work that she does.

Can CIRP applicable on Company if name stuck off from Register of Companies

Introduction The (NCLAT) National Company Law Appellate Tribunal can initiate the (CIRP) that is Corporate Insolvency Resolution Process under section 7 and section 9 of the Insolvency and Bankruptcy Code,...

May 14 2020

Scheme of Arrangement for Corporate Debtor going into Liquidation

The conundrum as whether section 29A of Insolvency and Bankruptcy Code, 2016 will apply to scheme of arrangement under section 230 of the Companies Act, 2013 has been laid to...

May 13 2020

New Norms of Differential Voting Rights

Introduction Differential voting rights refer to equity shares holding differential rights as to dividend. Section 43 (a) (ii) of Companies Act, 2013, allows a company limited by shares to issue...

Applicability of Shop and Establishment Registration

The Shop and Establishment Act regulates most of the businesses in India that are enacted by each State Legislation in the Country. The primary objective of the Act is to...

Companies (Compromise Arrangements & Amalgamations) Amendment Rules 2020

The MCA/Ministry of Corporate Affairs on February 03, 2020, notifies the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2020. In exercise of the powers granted by sub-sections (1) and (2)...

May 11 2020

Limitation of Liability clause is important in Contracts

A limitation of liability clause, or liability clause, is defined as a disclaimer for an agreement that limits the conditions under which the disclaiming party may be held liable for...

May 05 2020

Managerial Remuneration of Managing and Whole-time Directors

Managerial remuneration in the simple words is a remuneration paid to managerial personnel. Here managerial personnel includes directors both managing director and whole-time director and also the manager. As profits...

May 04 2020

Provisions Related to Registration of Charges under Companies Act 2013

The Section 2 (16) of the Companies Act, 2013 defined the charge which says that charge can be – (i) An interest or a lien (ii) Which is created on...

Consolidation of Claims and Verification under IBC, 2016

Consolidation of Claims is mentioned under Section 38 and Verification of Claims is mentioned under Section 39 under Insolvency and Bankruptcy Code 2016. SECTION-38 Consolidation of claims The liquidator has...

May 01 2020

Loan to Directors under Section 185 of the Companies Act

MCA has enacted Companies (Amendment) Act, 2017 ("Amendment Act") on the suggestions made by Company Law Committee (CLC) and notified the same in the official gazette on May 7, 2018...

Voluntary Liquidation of a Company under IBC

The Insolvency and Bankruptcy Code (IBC), 2016, has consolidated and amended the laws in relation to insolvency of Companies, Partnership Firms, and Limited Liability Partnership into a single legislation. This...

Apr 27 2020

No Prosecution Against Directors for Operational Issues: Concept of Vicarious Liability

The concept of corporate structure is based on the very premise of the business idea brought into by a group of persons, backed up with funds from shareholders and creditors...

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