Author: Bloomsbury Publishing
Publisher: Bloomsbury Publishing
ISBN: 9354353835
Category : Law
Languages : en
Pages : 1184
Book Description
A Corporate Professional is required to equip himself with regard to corporate compliances on day- to-day basis. There are number of compliances which are required to be complied with depending on the event , whether it is incorporation / conversion / change , etc., not only from Company Law point of view but also from SEBI Regulations point of view (in case of a listed company). To assist the professional in this endeavour, this book is yet another attempt to provide all related procedures at one place along with the resolutions to make it handy and easy to use. The Book has been divided into two parts. Division-I contains Company Law Procedures of more than 115 events. Each procedure has been divided into following heads: - Applicable Section of the Companies Act, 2013 - Applicable Company Rule - Applicable Regulation in case of listed company - SEBI (Listing Obligations and Disclosure Requirements ) Regulations, 2015 - Synopsis (giving background of the section of the Companies Act, 2013) - Procedure (step by step, including various Government approvals and filing of Forms, etc.) - Compliance by a listed company in accordance with SEBI (LODR ) Regulations, 2015 - Draft Board resolutions - Draft General Meeting resolutions (Special/Ordinary resolution) Division-II contains updated Company Rules as issued by the Ministry of Corporate Affairs from time to time and which are referred under various procedures of the Book.
Company Law Procedures
Author: Bloomsbury Publishing
Publisher: Bloomsbury Publishing
ISBN: 9354353835
Category : Law
Languages : en
Pages : 1184
Book Description
A Corporate Professional is required to equip himself with regard to corporate compliances on day- to-day basis. There are number of compliances which are required to be complied with depending on the event , whether it is incorporation / conversion / change , etc., not only from Company Law point of view but also from SEBI Regulations point of view (in case of a listed company). To assist the professional in this endeavour, this book is yet another attempt to provide all related procedures at one place along with the resolutions to make it handy and easy to use. The Book has been divided into two parts. Division-I contains Company Law Procedures of more than 115 events. Each procedure has been divided into following heads: - Applicable Section of the Companies Act, 2013 - Applicable Company Rule - Applicable Regulation in case of listed company - SEBI (Listing Obligations and Disclosure Requirements ) Regulations, 2015 - Synopsis (giving background of the section of the Companies Act, 2013) - Procedure (step by step, including various Government approvals and filing of Forms, etc.) - Compliance by a listed company in accordance with SEBI (LODR ) Regulations, 2015 - Draft Board resolutions - Draft General Meeting resolutions (Special/Ordinary resolution) Division-II contains updated Company Rules as issued by the Ministry of Corporate Affairs from time to time and which are referred under various procedures of the Book.
Publisher: Bloomsbury Publishing
ISBN: 9354353835
Category : Law
Languages : en
Pages : 1184
Book Description
A Corporate Professional is required to equip himself with regard to corporate compliances on day- to-day basis. There are number of compliances which are required to be complied with depending on the event , whether it is incorporation / conversion / change , etc., not only from Company Law point of view but also from SEBI Regulations point of view (in case of a listed company). To assist the professional in this endeavour, this book is yet another attempt to provide all related procedures at one place along with the resolutions to make it handy and easy to use. The Book has been divided into two parts. Division-I contains Company Law Procedures of more than 115 events. Each procedure has been divided into following heads: - Applicable Section of the Companies Act, 2013 - Applicable Company Rule - Applicable Regulation in case of listed company - SEBI (Listing Obligations and Disclosure Requirements ) Regulations, 2015 - Synopsis (giving background of the section of the Companies Act, 2013) - Procedure (step by step, including various Government approvals and filing of Forms, etc.) - Compliance by a listed company in accordance with SEBI (LODR ) Regulations, 2015 - Draft Board resolutions - Draft General Meeting resolutions (Special/Ordinary resolution) Division-II contains updated Company Rules as issued by the Ministry of Corporate Affairs from time to time and which are referred under various procedures of the Book.
Company Law
Author: Eva Micheler
Publisher: Oxford University Press
ISBN: 0198858876
Category : Law
Languages : en
Pages : 321
Book Description
This book advances a real entity theory of company law, in which the company is a legal entity which acts autonomously in law, and company law establishes procedures facilitating autonomous organisational decision-making. The theory builds on the insight that organisations or firms are a social phenomenon outside of the law and that these are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. This occurs because human beings change their behaviour when they act as members of a group or an organisation; in a group we tend to develop and conform to a shared standard, and when we act in organisations habits, routines, processes, and procedures form and a culture emerges. These take on a life of their own affecting the behaviour of the participants. Participants can affect organisational behaviour but this takes time and effort. Company law finds this phenomenon and supplies it with a structure supporting autonomous action by organisations. The real entity theory advanced in this book explains company law as it stands at a positive level. Legal personality overcomes the problems that organisations are social rather than brute facts and that there is no unique physical manifestation permanently associated with an organisation. The corporate constitution is not a contract - it is best characterised as an instrument adopted on a statutory basis through private action. Shareholders cannot limit the capacity of companies or the authority of the board to bind the company in contract and companies are liable in tort and crime. The statute creates roles for shareholders, directors, a company secretary, and auditors and so facilitates a process leading to organisational action. The law also integrates the interests of creditors and stakeholders.
Publisher: Oxford University Press
ISBN: 0198858876
Category : Law
Languages : en
Pages : 321
Book Description
This book advances a real entity theory of company law, in which the company is a legal entity which acts autonomously in law, and company law establishes procedures facilitating autonomous organisational decision-making. The theory builds on the insight that organisations or firms are a social phenomenon outside of the law and that these are autonomous actors in their own right. They are more than the sum of the contributions of their participants and they act independently of the views and interests of their participants. This occurs because human beings change their behaviour when they act as members of a group or an organisation; in a group we tend to develop and conform to a shared standard, and when we act in organisations habits, routines, processes, and procedures form and a culture emerges. These take on a life of their own affecting the behaviour of the participants. Participants can affect organisational behaviour but this takes time and effort. Company law finds this phenomenon and supplies it with a structure supporting autonomous action by organisations. The real entity theory advanced in this book explains company law as it stands at a positive level. Legal personality overcomes the problems that organisations are social rather than brute facts and that there is no unique physical manifestation permanently associated with an organisation. The corporate constitution is not a contract - it is best characterised as an instrument adopted on a statutory basis through private action. Shareholders cannot limit the capacity of companies or the authority of the board to bind the company in contract and companies are liable in tort and crime. The statute creates roles for shareholders, directors, a company secretary, and auditors and so facilitates a process leading to organisational action. The law also integrates the interests of creditors and stakeholders.
Guide to Company Law Procedures
Author: M. C. Bhandari
Publisher:
ISBN: 9788180384967
Category : Corporation law
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9788180384967
Category : Corporation law
Languages : en
Pages :
Book Description
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Company Law and the Law of Succession
Author: Susanne Kalss
Publisher: Springer
ISBN: 3319180118
Category : Law
Languages : en
Pages : 409
Book Description
This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation.
Publisher: Springer
ISBN: 3319180118
Category : Law
Languages : en
Pages : 409
Book Description
This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation.
Guide to Company Law Procedures
The Anatomy of Corporate Law
Author: Reinier Kraakman
Publisher: OUP Oxford
ISBN: 0191582778
Category : Law
Languages : en
Pages : 578
Book Description
This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes consideration of additional matters such as the highly topical issue of enforcement in corporate law, and explores the continued convergence of corporate law across jurisdictions. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.
Publisher: OUP Oxford
ISBN: 0191582778
Category : Law
Languages : en
Pages : 578
Book Description
This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes consideration of additional matters such as the highly topical issue of enforcement in corporate law, and explores the continued convergence of corporate law across jurisdictions. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.
Company Law
Author: Stephen Griffin
Publisher: Pearson Education
ISBN: 9780582784611
Category : Law
Languages : en
Pages : 540
Book Description
Aimed at undergraduate law students, this work provides concise yet thorough coverage of the main principles of company law, including the legal definition, liabilities and responsibilities of a company.
Publisher: Pearson Education
ISBN: 9780582784611
Category : Law
Languages : en
Pages : 540
Book Description
Aimed at undergraduate law students, this work provides concise yet thorough coverage of the main principles of company law, including the legal definition, liabilities and responsibilities of a company.
Keane on Company Law
Author: G. Brian Hutchinson
Publisher: Bloomsbury Publishing
ISBN: 1780435428
Category : Law
Languages : en
Pages : 897
Book Description
The 5th edition of Keane on Company Law is essential reading for students, solicitors and barristers alike. New Irish legislation introduces a new company law code. Under the proposed new legislation, the default company type-the new private company limited by shares (cls)-will be created. Such a company will only be required to have a minimum of one director, as opposed to two under the current law. This makes it easier for an entrepreneur to use a company to start a business on his or her own. The complex legal doctrine of ultra vires, which has applied to all companies up to now, will not apply to the new cls. Neither will a cls be required to draft a long document containing its Articles of Association. These will now be included in the Bill by default, and consequently the current requirement for lengthy complex documents at the time of incorporation of a new company can be replaced by a single-document under the proposed new law. The cls will also be permitted to hold its AGM by written procedure, rather than being compelled to gather all of the members in the same room at the same time once a year. The Bill also introduces the new concept of the Summary Approval Procedure, which will allow companies to undertake certain transactions which previously were either prohibited or required Court approval, by the new method of a special resolution combined with an appropriate declaration by the directors, subject to safeguards to prevent improper use. All these changes to Irish company legislation are covered in a practical and user-friendly structure in this book. [Subject: Irish Law, Company Law]
Publisher: Bloomsbury Publishing
ISBN: 1780435428
Category : Law
Languages : en
Pages : 897
Book Description
The 5th edition of Keane on Company Law is essential reading for students, solicitors and barristers alike. New Irish legislation introduces a new company law code. Under the proposed new legislation, the default company type-the new private company limited by shares (cls)-will be created. Such a company will only be required to have a minimum of one director, as opposed to two under the current law. This makes it easier for an entrepreneur to use a company to start a business on his or her own. The complex legal doctrine of ultra vires, which has applied to all companies up to now, will not apply to the new cls. Neither will a cls be required to draft a long document containing its Articles of Association. These will now be included in the Bill by default, and consequently the current requirement for lengthy complex documents at the time of incorporation of a new company can be replaced by a single-document under the proposed new law. The cls will also be permitted to hold its AGM by written procedure, rather than being compelled to gather all of the members in the same room at the same time once a year. The Bill also introduces the new concept of the Summary Approval Procedure, which will allow companies to undertake certain transactions which previously were either prohibited or required Court approval, by the new method of a special resolution combined with an appropriate declaration by the directors, subject to safeguards to prevent improper use. All these changes to Irish company legislation are covered in a practical and user-friendly structure in this book. [Subject: Irish Law, Company Law]
National Company Law Tribunal and National Company Law Appellate Tribunal – Law, Practice & Procedure
Author: Prachi Manekar Wazalwar
Publisher: Bloomsbury Publishing
ISBN: 9354354025
Category : Law
Languages : en
Pages : 900
Book Description
About the book This book will equip professionals with necessary knowledge tools to practice in NCLT/NCLAT, acting as their non-verbal guide. Whether it is oppression and mismanagement cases or winding up/liquidation matters, mergers/de-mergers, or class actions or an insolvency case, this book helps find answers to most practical problems. For a new practitioner, this book provides the necessary hand-holding to understanding the law, practice and procedure for dealing with various types of cases in NCLT/NCLAT. For professionals already practicing corporate laws, this book will prove to be invaluable in analysing the evolution of the insolvency code, understanding applicability of old case laws, resolving transitional issues arising out of transfer/abatement of existing cases, incisive analysis of new legal provisions and detailed comparison with the 1956 Act. Key Features - Covers discussion on Insolvency and Bankruptcy Code, 2016 (IBC) and related Rules and Regulations, with commentary thereof w.r.t. corporate persons. - Includes case digest of Supreme Court, NCLAT and NCLT under IBC and Companies Act, 2013 - Commentary on all areas of practice including mergers & amalgamation, oppression and mismanagement, winding up, class action & investigation. - Explores new areas of practice for chartered accountants, company secretaries, cost accountants and corporate lawyers. - Detailed comparison of provisions of 1956 Act with 2013 Act. - Ready reference table containing summary of all the powers of NCLT. - Includes updated NCLT and NCLAT Rules.
Publisher: Bloomsbury Publishing
ISBN: 9354354025
Category : Law
Languages : en
Pages : 900
Book Description
About the book This book will equip professionals with necessary knowledge tools to practice in NCLT/NCLAT, acting as their non-verbal guide. Whether it is oppression and mismanagement cases or winding up/liquidation matters, mergers/de-mergers, or class actions or an insolvency case, this book helps find answers to most practical problems. For a new practitioner, this book provides the necessary hand-holding to understanding the law, practice and procedure for dealing with various types of cases in NCLT/NCLAT. For professionals already practicing corporate laws, this book will prove to be invaluable in analysing the evolution of the insolvency code, understanding applicability of old case laws, resolving transitional issues arising out of transfer/abatement of existing cases, incisive analysis of new legal provisions and detailed comparison with the 1956 Act. Key Features - Covers discussion on Insolvency and Bankruptcy Code, 2016 (IBC) and related Rules and Regulations, with commentary thereof w.r.t. corporate persons. - Includes case digest of Supreme Court, NCLAT and NCLT under IBC and Companies Act, 2013 - Commentary on all areas of practice including mergers & amalgamation, oppression and mismanagement, winding up, class action & investigation. - Explores new areas of practice for chartered accountants, company secretaries, cost accountants and corporate lawyers. - Detailed comparison of provisions of 1956 Act with 2013 Act. - Ready reference table containing summary of all the powers of NCLT. - Includes updated NCLT and NCLAT Rules.