Critiquing the Regulatory Threshold for an ‘Officer Who is in Default’ under the Companies Act, 2013

In Part I of this series, we had discussed the ambiguities surrounding the rectification of non-compliances under the Companies Act, 2013 (“Act”). In Part II, we seek to address another critical aspect of the Act – the imposition of liability on a company’s officer for offences and non-compliances by the Company.[1]Continue Reading Critiquing the Regulatory Threshold for an ‘Officer Who is in Default’ under the Companies Act, 2013

Flipping the Script on Reverse Mergers: Analysis of The Latest Amendment to Merger Rules

Introduction

The Ministry of Corporate Affairs (MCA) on September 9, 2024, amended Rule 25A of the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016 (effective from September 17, 2024), by introducing sub-rule 5. The amendment is intended to promote seamless mergers and amalgamations between a foreign holding company incorporated outside India and an Indian company, being a wholly-owned subsidiary company incorporated in India, i.e., an inbound cross-border reverse merger.Continue Reading Flipping the Script on Reverse Mergers: Analysis of The Latest Amendment to Merger Rules

The Companies Act, 2013 (“Act”) stands as a cornerstone of corporate regulation in India. It lays down a comprehensive compliance framework for body corporates as well as their officers to protect the rights and interests of shareholders and investors. In the first part of this two-part blog series, we seek to address the ambiguities pertaining to proactive rectifications of the non-compliances and contraventions under the Act. In the second blog, we will discuss the threshold for liability of “officers in default” under the Act.Continue Reading Ambiguities in Regulatory Thresholds for Rectifying Breaches under the Companies Act, 2013