Role of Courts in Winding-up of Company

This article is written by Shambhavi Shree, a student of KIIT School of Law, Bhubaneswar (4th year). In this article, I am dealing with Winding Up of a Company under the Company’s Act, 2013 and Insolvency and Bankruptcy Code, 2016. Companies Act, 2013 Section 2(94A) of Companies Act, 2013 means winding up under this actRead More

Role of an Auditor under the Companies Act, 2013

This article is written by Nazar Nawaz Abbasi pursuing LLB from Faculty of Law, University of Delhi. Numerous laws are there which are having the provisions for the appointment of auditors. The law under which we appoint auditors lays down the procedure of their appointment and also the rights, duties and the functions of the auditor. SectionsRead More

Base Erosion and Profit Shifting (BEPS)

This article is written by Shambhavi Shree, a student of KIIT School of Law, Bhubaneswar (4th year). INTRODUCTION Base erosion and profit shifting, shifts profits in a country were there is less tax or no tax. The taxpayers strive to reduce the tax burden by using various tax planning strategies so the profits are shiftedRead More

Winding of a Company

This article is written by Sambavi Marwah, a fourth-year law student, from Delhi Metropolitan Education, GGISPU. INTRODUCTION This article explains the ‘Role of the Courts in winding up of a company’. It states the requirements and the grounds of the winding up of the company when the decision of Courts is involved. What is aRead More

Corporate Environmental Liability

This article is written by Asamanja Chattopadhyay, pursuing my B.A L.L.B course from Shyambazar Law College affiliated under University of Calcutta. INTRODUCTION India since time immemorial has been a worshipper of nature and environment. However, with growing industrialisation the ethics and values have degraded which in turn also degraded the environment. The judiciary then hadRead More

Mergers & Acquisitions of a Company

This article is written by Bunmi Adaramola, a current LPC MSc student at the University of Law. This article provides a detailed insight into M&A, the reasons why companies decide to enter into an M&A and the life-cycle of an M&A with relevant examples.  An Overview of Mergers and Acquisitions Mergers and Acquisition (“M&A”) isRead More

Vicarious Liability of Company for the Acts of Directors

This article is written by Akshaya V, a student of CMR University, School of Legal Studies, Bangalore. Synopsis  This article explains the meaning of vicarious liability, the relationship between directors and the Company and further explains the cases in which the Company is vicariously liable for the acts done by its directors. INTRODUCTION One ofRead More

Initial Concept of Corporate liability

In this article, Sagnik Chatterjee who is currently in IInd Year pursuing BA.LL.B, from Symbiosis Law School, Pune, discusses about the Corporate Criminal Liability in India. INTRODUCTION While determining Corporate Criminal Liabilities the Latin maxim played a huge part which is Actus non facit reum mens sit rea which means that to make a person or anyRead More

WINDING UP OF COMPANY

Winding up is a process through which a company dissolves itself, ceasing to exist as a legal entity thereby. The aforementioned process involves selling off stock, paying back creditors and after resolving all debts, the remaining monetary or non-monetary funds are paid back to the members, as per their contribution to the company’s capital. According to Section 2(94A) of the Companies Act, winding up also means “liquidation” in the Insolvency and Bankruptcy Code, 2016.