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JSA | India | 21 Feb 2024

Listing of equity shares by public companies on international exchanges

The Ministry of Corporate Affairs ("MCA"), through its notification dated October 30, 2023, brought about an amendment to Section 23 of the Companies…
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Cyril Amarchand Mangaldas | India | 13 Feb 2024

Institutionalising public consultations: A step towards building a stakeholder-friendly regulatory threshold

The ‘Draft Policy for Pre-Legislative consultation and comprehensive review of existing Rules and Regulations’, released by the Ministry of Corporate…
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Cyril Amarchand Mangaldas | India | 6 Feb 2024

Nomination v. Succession - SC Finally Settles the Debate

The longstanding debate on the conflict between the rights of nominees and legal heirs over the devolution of shares has always been the cause of…
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Cyril Amarchand Mangaldas | India | 31 Jan 2024

Substantial Issues in Defining “Substantially the Whole of the Undertaking”

Section 180(1)(a) of the Companies Act 2013 (“2013 Act”) requires a company to obtain prior approval by a special resolution to sell, lease or…
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Cyril Amarchand Mangaldas | India | 30 Jan 2024

Declaration of Dividend: Interplay of law and business dynamics

The aim of any business organisation is to earn profit and distribute it among the owners. In case of a company, such distribution of profits is…
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Clasis Law | India | 29 Jan 2024

Disclosure of Significant Beneficial Ownership in Limited Liability Partnerships

The Ministry of Corporate Affairs (“MCA”) took significant steps towards enhancing transparency in ownership and control of Limited Liability…
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Cyril Amarchand Mangaldas | India | 23 Jan 2024

NFRA Circular on Fraud Reporting and India Inc.’s Dilemma

In recent years, India has witnessed a slew of Accounting frauds, especially in the booming start-up ecosystem. Even established players have not…
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Cyril Amarchand Mangaldas | India | 11 Jan 2024

Key issues under Section 186 for a corporate lawyer

Granting of inter-corporate loans, making investments and provisions for guarantees was previously regulated by Sections 370 and 372 of the Companies…
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Cyril Amarchand Mangaldas | India | 8 Jan 2024

Primer on IRDAI Information and Cyber Security Guidelines 2023

On September 14, 2023, the Insurance Regulatory and Development Authority of India (“IRDAI”) set up an inter-Disciplinary Standing Committee on cyber…
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Cyril Amarchand Mangaldas | India | 27 Nov 2023

Lenders, ARCs can exercise voting rights on pledged shares

In World CREST Advisors LLP v Catalyst Trusteeship Limited & Ors. (World Crest-II), a single judge of the Bombay High Court, Justice R.I. Chagla, has…
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