corporate law

  Portfolio Investment Scheme – The RBI Concept Prabir Bandyopadhyay, ACS, Kolkata. Foreign Direct Investment Policy of the Government of India has been notified and revised from time to time by the Department of Industrial Policy & Promotion, Ministry of Industry/ Ministry of Commerce & Industry. A compreh..

  The Companies Bill 2008: The Proposed Provisions Concerning Prevention of Oppression & Mismanagement- Little Reform; More Redesigning! Dr. K. R. Chandratre*, FCS, Practising Company Secretary, Pune. Statutory remedy against oppression and mismanagement The provisions providing for a remedy against oppre..

 Whether Legal Heirs of a Former Employee are Liable to be Prosecuted under Section 630 of the Companies Act, 1956 ? N. K. Sharma, GM (Legal), Kalani Group of Industries, Indore. INTRODUCTION The purpose of enacting section 630 of the Companies Act, 1956 (hereinafter “the Act”) is to provide speedy relief to a company when its property is wrongfully obtained or wrongfully withh..

Can Directors Seek Immunity from Prosecution when Company Accounts are Fudged for Years and Corporate Governance Fails Miserably? Delep Goswami, FCS, Advocate, Supreme Court of India, New Delhi. The startling confessional disclosures by the Promoter-Chairman of one of India’s reputed IT company that the Company’s accounts have been cooked for years by inflating revenue and profit fi..

 Assets Health Check-AHC Rules Abhishek Tiwari, ACS, Associate Consultant, Infosys, Beijing. “Every experience comes with learning”. There are many learnings from the current subprime crisis, one of the most important learning being continually monitoring the health of investments and assets portfolio. By continuous monitoring it does not mean to just analyze the profit or loss..

Depreciation Reserve : A Mechanism of Capital Conservation with Special Reference to SSI Units V. P. Singh, Regional Provident Fund Commissioner, Meerut (UP) and Dr. A. P. Singh, Co-ordinator, Institute of Business Studies, Chaudhary Charan Singh University, Meerut (UP). Small Size of Capital Investment in SSI units: A blessing or a curse? It is the size of the capital input that distinguishes ..

  Economic Meltdown: A Failure of Forecasting? C. Bhaktavatsala Rao, Deputy Managing Director, Orchid Chemicals and Pharmaceuticals Ltd., Chennai. The severe global economic meltdown has taken the governments, corporations and public by surprise. It is even more surprising, however, that the meltdown has been preceded an..

Corporate Policies and Praxes - Key to Improved Governance* Lalit Jain, Vice President and Company Secretary, Jubilant Organosys Ltd, Noida. Today, we find ever increasing concern for Corporate Governance in companies. It is now universally accepted that a Corporate should work for maximizing the interest of all stakeholders - whether shareholders, employees, customers, vendors, government ..

 Impact of Postal Ballot Mechanism in Improving Shareholders’ Participation in Corporate Decision Making: A Research Study Professor J. P. Sharma, FCS, Professor of Corporate Governance & Law, Department of Commerce, Delhi School of Economics, University of Delhi and Poonam Sethi, Associate Professor, Hindu College, University of Delhi. INTRODUCTION Legal and regulatory framework..

Special Economic Zones, An Integrated Approach – An Appraisal D. K. Prahlada Rao*, FCS, Advocate, FOX Mandal & Little, Bangalore. INTRODUCTION The whole is greater than its parts is an apt description of the policy on Special Economic Zones (SEZ) introduced by the Govt. of India through the Exim policy in April 2000 with a view to provide an internationally competitive environment for..

Can a Company Cancel or Postpone a General Meeting? Dr. K. R. Chandratre*, FCS , Practising Company Secretary, Pune. There is a difference between ‘adjournment’ of a meeting and ‘postponement’ of a meeting. To adjourn means to defer or suspend a meeting to a future date or time, another place, or indefinitely ..

  Designs Act – An Overview Praveen Agrawal, Advocate (Supreme Court), New Delhi. Is a design (which is the brainchild of its author) is capable of being registered as such (as an idea, which obviously is the Intellectual property of the maker/author thereof), under the law existing in India, or what could be registered and pr..

  E-Stamping* Naveen Kumar, Company Secretary in Practice, New Delhi. After losing lot of revenue through the circulation of fake stamp papers in famous Telgi Stamp paper scam and thereby learning a lesson, the Government started to find a way to curb the loss in the revenue to the Governments. Aimed to introduce such a facility whi..

  Can Bonus Equity Shares be Issued to the Preference Shareholders Amit Jain, FCS, Deputy General Manager (Corporate), Bennett Coleman & Company Ltd., New Delhi. Issuance of bonus equity shares to the preference shareholders is never tried and is an unusual proposition. However in the era of globalization and success..

  Over-hyped Role of “Independent Directors” in Corporate Governance Needs Re-look Delep Goswami, FCS, Advocate, Supreme Court of India, New Delhi. The recent fiasco in hiving off the corporate funds to the tune of about Rs.6,500 crores by one of the leading listed information technology company in India to b..