Articles by Amitav Ganguly

Recent changes in the provisions relating to independent directors

Amitav Ganguly 05 July 2021 at 09:00

The provision of independent directors in the Companies Act 2013 and the SEBI laws have been constantly in the limelight. Changes have ushered in from time to time by the authorities to make them more effective.

SEBI circular on the resignation of statutory auditors (with Format of Information)

Amitav Ganguly 21 October 2019 at 12:05

SEBI circular on the resignation of statutory auditors

Beyond board meetings - Distinct meetings of independent directors

Amitav Ganguly 07 April 2017 at 11:18

Good corporate governance practices call for implementation and maintenance of sound standards of conducting business affairs of a company.

Understanding third party director

Amitav Ganguly 11 January 2017 at 11:20

Third Party Director, under the Companies Act 2013

Analysis of prohibitions & restrictions regarding political contributions

Amitav Ganguly 01 August 2016 at 10:35

Earlier law for political contributions by companies, laid down in section 293 A of the erstwhile Companies Act 1956, has been improved under the new section 18..

Analysis of defects in appointment of directors

Amitav Ganguly 27 April 2016 at 11:05

BACKGROUNDThe Board of Directors { Board} of a company is its highest decision making organ whose actions are however subject to shareholders jurisdictions as per the scheme of the Company jurisprudence. The directors constituting the Board act colle

Voluntary Exit by Directors under Companies Act 2013

Amitav Ganguly 07 March 2016 at 10:53

INTRODUCTIONI. The provision of resignation of director has been introduced for the first time in the Companies Act 2013 {Act} through section 168. Before that, this was mostly given effect by companies as per provisions of their articles of associat

Analysis of directors' non cash transactions

Amitav Ganguly 15 January 2016 at 16:14

OBLIGATIONS & DUTIES OF DIRECTORSThere are well established judicial precedents that the directors of companies have fiduciary obligations and also duties to act reasonably, in good faith and in the best interests of the companies where they hold

Analysis of directors' statutory obligations - Sec 166 of CA 2013

Amitav Ganguly 30 November 2015 at 10:30

BACKGROUNDThe Companies Act 2013 {new Act 2013} for the first time has laid down the duties of directors in unequivocal terms in the section 166 in contrast to erstwhile Companies Act 1956. It is a well established judicial precedent that the Directo

Understanding managerial personnel & key managerial personnel

Amitav Ganguly 13 November 2015 at 10:48

UNDERSTANDING MANAGERIAL PERSONNEL & KEY MANAGERIAL PERSONNELUNDER COMPANIES ACT 2013MEANING OF MANAGERIAL PERSONNEL/PERSONThe term �managerial personnel or managerial person� used interchangeably in the law, has not been defined per