Ministry of Corporate Affairs

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