Corporate Law Articles


Legal Compliance Calendar for FY 2022-23

Posted by CA Harshawardhan Nigade 15 April 2022 27751 Views

Legal Compliance Calendar for FY 2022-23 Covering Important due dates Company Law, GST Act, Income tax Act, Labour laws etc.



Whether mere endorsement of the Bank "payment stopped" is sufficient to entertain the complaint u/s 138 of NI Act?

Posted by FCS Deepak Pratap Singh 14 April 2022 2344 Views

A well appreciated and welcome decision from the Apex Court in which court held that the object of Chapter XVII, which is intituled as "OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE ACCOUNTS" and contains Sections 138 to 142, is to promote the efficacy of banking operations and to ensure credibility



Whether operational creditor includes a purchaser of goods and services

Posted by FCS Deepak Pratap Singh 14 April 2022 1040 Views

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

Posted by FCS Deepak Pratap Singh 13 April 2022 4866 Views

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

Posted by FCS Deepak Pratap Singh 12 April 2022 1433 Views

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

Posted by CS Lalit Rajput 08 April 2022 5087 Views

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

Posted by FCS Deepak Pratap Singh 08 April 2022 1578 Views

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

Posted by FCS Deepak Pratap Singh 07 April 2022 3428 Views

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

Posted by Ishita Ramani 06 April 2022 7334 Views

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



Corporate Compliance Calendar for the m/o April, 2022

Posted by CS Lalit Rajput 06 April 2022 4342 Views

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




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