Reduction of Capital – Issues, Concerns and Legal Responses [Tushar Tarun]
This paper would look into the concept of reduction of capital, what are the concerns regarding the same, what is the legal response to it. The researcher would also look into the adequacy of the current legal safeguards of the creditors, shareholders, company and the public due to reduction of capital.
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Amendment to section 27 so as to incorporate the clause of reasonability in light of employer employee relationship [Supriya Srivastava]
The question, which the author is trying to address in this article, is that there is a need to amend Section 27 of the Indian Contract Act so as to incorporate the clause that the covenants in restraint of trade if reasonable are valid and enforceable in law.
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Importance of the general meeting in the conduct of company business [Vibha Sahay]
The ultimate control of the actions of the Board of Directors is vested in the members or the shareholders of the company, and from time to time they must meet to ratify, or express their disapproval of the director’s past conduct and to consider their future plans. The members express their will at general meetings by passing resolutions.
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Emergence of real estate mutual funds in India [Purnima Kothe]
SEBI is ready to allow stocks exchanges to launch a new product called real estate mutual fund, which can eliminate many of the traditional problems retail investors who want to invest in real estate.
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An overview of the UN Proposal defining CSR for human rights [Anuradha Mohanty]
In order to fill the much-needed gap of binding international instrument in the realm of impact of corporate activity on human rights, John Ruggie, a Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprise, completed a report on 1st May 2008 in the form of a UN Proposal.
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An analysis of the Limited Liability Partnership Bill [Amit Bhaskar]
LLPs combine the organizational flexibility and tax status of partnership with the advantage of limited liability for its partners.
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Short-swing profit regulations: A comparative study [Anuradha Mohanty]
In common parlance, short- swing profits may be defined as short-term profits realized by way of the purchase and sale or vice-versa of equity securities (other than the exempted securities) issued by the company, within a period of six months, by company insiders having superior access to price sensitive information and taking undue advantage of the same for the purposes of such buying and selling.
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Corporate insolvency laws in India [Nitendra Singh Tomar]
Despite these welcome changes, there is still a need for a thorough overview, from the perspective of consistency, of at least two significant related fields – reorganisation or revival of sick companies, and the mutual relation between the enforcement of security interests and bankruptcy proceedings.
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Role of the audit committee in corporate governance [Abhas]
As far as the United States of America is concerned, the Securities and Exchange Commission (SEC) has been very serious about introducing rules strengthening the audit committee so as to protect the interests of the investors in a better manner than before. In December, 1999 the SEC adopted several new rules based on the recommendations of the report submitted by Blue Ribbon Committee on Improving the Effectiveness of Corporate Audit Committees.
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The proposed changes to the fixed maturity plan regime [Radhika Raman]
Under this model, AMCs will have to file final offer document with Sebi as against the current practice of submitting draft offer document. On the confirmation of receipt of the document from Sebi, the AMC would be free to launch the scheme. The regulator, however, will reserve the power to advise amendments, to the offer document if required, in the interest of investors.
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Examining objections to the jurisdictional net for merger regulation under Indian competition law [Aju John]
Some sections of the Competition Act, 2002, which makes provision for some of the issues underlined by Whish, have come under scrutiny from industry. On behalf of Indian industry, a FICCI press release of February 13, 2008, pointed out a few problems with section 5 of the Act, arguing that not only would they slow down the competitiveness of the Indian economy, but were biased against Indian firms. After that, it was the 2008 National Trade Estimate Report on Foreign Trade Barriers that created a few ripples in the Indian media.
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The Indian regulatory approach to hedge funds [Prashant Roy]
Though hedge funds are not an excluded category of foreign institutional investors under the SEBI (FII) Regulations, 1995 they are, however, by virtue of not being regulated by securities regulators in their place of incorporation or operations, cannot come as FII under the present provisions of SEBI (FII) Regulations, 1995.
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Takeover regulation in India [Ankur Kashyap]
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Report of the Working Group on Interest Rate Futures [Reserve Bank of India]
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Obligations of a public limited company in case of a takeover [Iti Jain and Sudhanshu Roy]
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