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Corporate Law Articles


Whether operational creditor includes a purchaser of goods and services

  FCS Deepak Pratap Singh    14 April 2022 at 07:45

In a recent judgment, the Supreme Court of India, while keeping up the efforts of plugging various loopholes in the Insolvency & Bankruptcy Code, 2016 ("Code"), decided an interesting legal issue relating to the scope of Section 5(20) of the Code, which provides the definition of "operational creditor".



SC: A "Going concern sale" on an "as is where basis" means sale of both assets & liabilities

  FCS Deepak Pratap Singh    13 April 2022 at 08:46

A 'going concern sale' on an 'as is where basis' does not dissolve the corporate debtor, rather, it forms a part of the liquidation estate wherein the entire business, including assets and liabilities, including all contracts, licences, concessions, agreements, benefits, privileges, rights, or interests, is transferred to the purchaser.



A debt not being part of resolution plan would not be legally actionable

  FCS Deepak Pratap Singh    12 April 2022 at 08:56

Once the resolution plan was approved, all claims stood frozen and a claim which did not form a part of the final resolution plan would not be legally actionable.



Key amendments made in EPS Scheme so far

  CS Lalit Rajput    08 April 2022 at 09:09

The Central Government had launched Employees' Pension Scheme, 1995 in exercise of the powers conferred by Section 6A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).



SC: Collective Investment Scheme floated by a private trust is illegal

  FCS Deepak Pratap Singh    08 April 2022 at 09:03

From the discussion and the decision of the Apex Court,it is clear that according to the statutory scheme a collective investment scheme can only be floated by a person in the form of a collective investment management company and not in any other form and this is why, under sub-section 2 of Section 11AA, the term “company" is used instead of "person."



SC: Any change in terms and conditions of insurance should be intimated to the insured at the time of renewal

  FCS Deepak Pratap Singh    07 April 2022 at 08:42

The undisputed facts are that the appellants contracted with the respondent (hereinafter referred to as "the insurer") and secured a medical insurance policy (hereinafter referred to as "Mediclaim"), for the first time in 1982.



Due dates for OPC Annual Filing for FY 2021-22

  Ishita Ramani    06 April 2022 at 12:30

Important Statutory Due dates for OPC Annual Filing for FY 2021-22



Corporate Compliance Calendar for the m/o April, 2022

  CS Lalit Rajput    06 April 2022 at 09:29

This article contains various Compliance requirements for the Month of April, 2022 under various Statutory Laws.



All about Share Certificate

  Neethi V. Kannanth    06 April 2022 at 09:07

A share certificate refers to a document which is issued by a company evidencing that a person named in such certificate is the owner of the shares of the Company as stated in the share certificate



Due dates for LLP Annual Filing for FY 2021-22

  Ishita Ramani    06 April 2022 at 09:07

Important Statutory Due dates for LLP Annual Filing for FY 2021-22