corporate law

  Can Arbitration Clause be Evoked after Signing Full and Final Discharge Praveen Agrawal, ACS, Advocate on Record, Supreme Court of India, New Delhi. PRESENT ECONOMIC SCENARIO With the advancement of trade and commerce, the commercial issues have multiplied not only in quantity but also in the complexity ..

  Customising the Professional Services J. Sundharesan, FCS, Practising Company Secretary, Bangalore. A look at the dictionary for the meaning of the word ‘Professional’ will show so many expalanations such as an occupation as a means of livelihood or for gain or it may also mean (as an adjective) engaged in one of the l..

  Corporate Fraud Risk Management Naveen Kumar, FCS, Practising Company Secretary, New Delhi. Scams are integral to the corporate history of India and as well as rest of the world. It’s almost inevitable that in the mad race for growth, someone or the other would be caught taking steroids. Therefore it was just a matter of tim..

  The Art of Alternate Risk Transfer (ART) Business Model in Insurance R. Hariharasubramanian, ACS, Vice President (Finance & Taxation), India Cements Ltd., Adyar, Chennai. Introduction After opening of the insurance sector from 1st January 2007, the insurance rates have come down and new innovative produ..

  Buy Back of Shares – Comprehensive Analysis T.V. Ganesan, FCS, Head Legal and Company Secretary, Mysore Cements Ltd., Gurgaon. In India, under section 77 of the Companies Act, 1956 (the Act), no company had the power to buy its own shares unless it was for the purpose of reduction of share capital for which the/..

  Repeal of the MRTP Act, 1969: Reducing the Twilight Period T. Ramappa, ACS, Advocate, Chennai. THE BACKGROUND The MRTP Act has been the subject of repeal twice. Section 66 of the Competition Act, 2002 declared that the Monopolies and Restrictive Trade Practices Act, 1969 [“MRTP Act”] be repealed div..

  Ownership of the Copyright in Sound Recording – An Illusionary or Actual Right Praveen Agrawal, Advocate on Record, Supreme Court of India, New Delhi. INTRODUCTION The recent past has seen remarkable change in the Indian eco-legal scenario, intellectual property rights being one of them. A neglected b..

  Secured debts – How and How Much Secured N. Ramanathan, ACS, Managing Director, Ponni Sugars (Erode) Limited Chennai. Debt is an integral and vital form of funding for any business venture and more so for large corporates. The limited liability concept under the Companies Act has provided an ideal platform for de..

  Indian LLP is a Mix of UK & Singapore Model J. P. Sharma, Professor of Corporate Governance & Law, Department of Commerce, Delhi School of Economics, University of Delhi. Historical Background The LLP concept emerged in USA in the early nineties when only two States in 1992 allowed LLP kind of forma..

Ethics in Corporate Social Responsibility – A Positive Approach Renny Corera, ACIS*, Sri Lanka. Corporate social responsibility is an increasingly used buzz word within academic circles and the business community. There are many definitions of CSR which emphasize different areas of responsibility to society, but the most applicable definition to the majority of the cases, as defined by th..

  Goodwill as an Intangible Asset is Eligible for Depreciation? T. N. Pandey*, Advocate, Noida (UP). Finance (No.2) Act, 1998, for the first time, provided for allowance of depreciation on ‘intangible assets’ under the Income-tax Act, 1961 (Act). Section 32(1)(ii) of the Act provides that any know-how, patent..

  Company Secretary and Corporate Social Responsibility [CSR] Bhavesh A. Kinkhabwala, ACS, Manager – Legal, Wagh Bakri Tea Group, Ahmedabad. COMPANY SECRETARY ñ WHAT IS AHEAD Now the role and importance of Company Secretary in the corporate world and Corporate Governance is very well established. Our Upnisha..

  Formation of Company for Charitable Purpose: Redundant Provision of the Companies Bill, 2008 M.Gopal Rathnam, FCS, Practising Company Secretary, Bangalore. Guarantee companies are useful for non-profit activities that require corporate status under the Companies Act, 1956. This means that its profits are not distribute..

  Markets For Corporate Control – An Effective Mechanism of Corporate Governance? Shilpi Thapar (Ms.), Practising Company Secretary, Ahmedabad. Introduction “Investor protection is a key to financial development and economic growth”. This policy has augmented to the fore in international age..

  Getting the Balance Right: Legal and Institutional Requirements Sonali Abeyratne, Technical Manager, INSOL International and Robert Sanderson, President, INSOL International and Senior Advisor, KPMG. Introduction Clearly, any country that fosters a free market economy needs to promote a stable economic and ..