Corporate

LIBRARY

Oct 16

Ministry of Corporate Affairs: Amendment to the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016

https://www.mca.gov.in/bin/dms/getdocument?mds=qTyAFp6vBFvAIie1mgFTbg%253D%253D&type=open As per the Notification dated...

Oct 13

NCLAT Revives Section 9 IBC Application, Citing Failure to Provide Notice for Defect Rectification

NCLAT : Under IBC, it is obligatory to give notice to the Applicant to rectify the defect in the Sec 9 Application, within seven days...

Oct 13

NCLT Dismisses Arbitration Request in Simpl Founders' Dispute, Citing Oppression and Mismanagement Claims

Mumbai: In a dispute between the two founders of fintech startup, Simpl, the National Company Law Tribunal [NCLT] has held that dispute...

Oct 13

Winding up petitions filed in the High Court, which are at the initial stage and no Provisional/Official Liquidator has been appointed, to be transferred to National Company Law Tribunal [NCLT]

A petition was filed in 2015, in the Hon’ble Delhi High Court for winding up of the Respondent-Company. The pleadings were...

Oct 13

Can Sole Proprietorship firms amalgamate with a Company? NCLT says No

In a case before the NCLT, the Applicant, a company registered under the Companies Act, 2013, took over the business of a sole proprietor...

Aug 17, 2021

SC quashes NCLAT decision on CIRP proceedings when legitimate disputes exist

The Supreme Court, in Kay Bouvet Engineering v Overseas Infrastructure Alliance, has held that an adjudicating authority must reject an...

May 31, 2021

The NCLAT has held that the IBC will overide the SARFAESI Act

The National Company Law Appellate Tribunal (NCLAT), New Delhi, has held in Indian Overseas Bank v. RCM Infrastructure Ltd. and Ors. that...

May 22, 2021

SC upholds notification allowing banks to proceed against personal guarantors under the IBC

The Supreme Court of India has upheld the validity of a November 2019 notification by the Central Government, permitting creditors to...

Apr 5, 2021

The Ministry of Corporate Affairs has introduced additional disclosures and regulatory actions

The Ministry of Corporate Affairs has introduced additional disclosure requirements and regulatory actions related to companies through...

Apr 2, 2021

MCA Update: Supreme Court

The Supreme Court has held that minority shareholders are not automatically entitled to a seat on a private company ’ s board In Tata...

Mar 9, 2021

NCLT has jurisdiction to adjudicate contractual disputes arising from insolvency of corporate debtor

The Supreme Court has held that the National Company Law Tribunal has jurisdiction to adjudicate contractual disputes, which arise solely...

Mar 1, 2021

IBC Update

Parallel proceedings cannot proceed under Section 138 of the Negotiable Instruments Act if order of moratorium passed under IBC The...