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[By Ujjawal Badani & Tejas Geetey] The authors are students of the National Law University Odisha. INTRODUCTION Business Corporations often operate through multiple locations in the form of Head Office (HO) and Branch Offices (BO). Division of Offices into HO and BOs has not been defined either under the GST law or the allied laws, however, generally, it means the principal office of a business corporation, established for...
[By Arham Anwar & Suvanwesh Das] The authors are students of the National Law University, Jodhpur and the National Law University, Odisha. Introduction We have always seen doctor’s job as a noble profession but with changing times new questions of law have evolved and new dynamics have been added to supposedly simple concepts. This article seeks to address the issue of whether consultants like doctors can be issued...
[By Saaransh Shukla & Isabel John] The authors are the students of the Narsee Monjee Institute of Management Studies. INTRODUCTION As we all know, share capital is the main source of finance for companies. Since companies may need additional amounts of money periodically, they cannot issue shares every time. However, they can raise money from the public. Around the world, companies, organizations, corporations and other entities raise money...
[By Shraiya Jain & Palak Jhalani] The authors are students at the Institute of Law, Nirma University Background . . CoC as a transient assorted body, consisting of financial creditors is deemed to be the apex body to decide on the matters pertaining to the course of CIRP. Although the RP acts as a key managerial and administrative authority over the business affairs of the CD, however, in...
[By Sanket Das & Shrey Srivastav] The authors are students at National Law University Odisha. Introduction Successful investment facilitation strategies are built on a solid foundation of transparency and information. By transparency, it is meant that the investors should have knowledge about the pertinent laws which influence their investment decisions. [1] Further, investors should also be apprised of the administrative procedures of the nation they are going to...
[By Amarpal Singh & Abhishek Attri] The authors are students at UPES Dehradun. INTRODUCTION A person can be appointed as an additional or alternate director in the company without being a member (“non-member director”) as per Section 161 of the Companies Act, 2013 (“Companies Act”). Further Section 169 of the Companies Act provides the procedure for the removal of directors. In case the non-member director is illegally removed from...
[By Soumya Sinha & Bhabesh Satapathy] The authors are students at the National Law University, Odisha. INTRODUCTION The birth of the Insolvency and Bankruptcy Code, 2016 (“IBC”) in India has not only alleviated the pain of Financial Creditor (“FC”) but also Operational Creditor (“OC”). By various judgments and amendments the scope of operational debt defined under section 5(21) of the IBC has been augmented. In many recent rulings,...
[By Keerthana Rakesh] The author is a student at the Gujarat National Law University, Gandhinagar. Introduction Section 7 of the Insolvency and Bankruptcy Code (“IBC”) came under discussion due to the confusion that arose as to whether the proceedings can be initiated against the Corporate Guarantor under the Corporate Insolvency Resolution Process (“CIRP”). The apex Court in K. Paramasivam v. The Karur Vysya Bank Ltd. & Anr., has...