Articles by Amitav Ganguly

Recent changes in the provisions relating to independent directors

Posted by Amitav Ganguly 05 July 2021 1483 Views

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)

Posted by Amitav Ganguly 21 October 2019 7098 Views

SEBI circular on the resignation of statutory auditors

Beyond board meetings - Distinct meetings of independent directors

Posted by Amitav Ganguly 07 April 2017 3868 Views

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

Understanding third party director

Posted by Amitav Ganguly 11 January 2017 3429 Views

Third Party Director, under the Companies Act 2013

Analysis of prohibitions & restrictions regarding political contributions

Posted by Amitav Ganguly 01 August 2016 7888 Views

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

Posted by Amitav Ganguly 27 April 2016 33998 Views

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

Posted by Amitav Ganguly 07 March 2016 12502 Views

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

Posted by Amitav Ganguly 15 January 2016 41121 Views

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

Posted by Amitav Ganguly 30 November 2015 17429 Views

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

Posted by Amitav Ganguly 13 November 2015 26264 Views

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