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Every company incorporated in India must prepare and file a Memorandum of Association (MOA) with the ROC before it can legally begin operations. An MOA is the primary legal document filed during company incorporation that defines a name, registered office, objectives, capital, and subscribers under the Companies Act 2013. Sections 4 and 13 of the […]
A POSH policy is a mandatory written framework that Indian employers must implement under the Sexual Harassment of Women at Workplace Act, 2013. A POSH policy establishes the process for reporting workplace sexual harassment complaints, conducting fair investigations, and taking disciplinary action when violations are proven. Any policy that fails to address these core areas […]
In India, companies continue to exist independently of their members, directors, or shareholders through the concept of perpetual succession. This principle allows companies to maintain continuous operations even when ownership or management changes, such as the death, resignation, exit, or transfer of shares of members or directors. According to the Companies Act, 2013, perpetual succession […]
In India, companies make key decisions through formal approvals called resolutions. Companies use various types of resolution depending on the matter or decision at hand. According to the Companies Act, 2013, a resolution is a formal decision made by the shareholders or directors, either in a meeting or by circulation. The Companies Act, 2013, governs […]
Companies in India often raise funds without giving up ownership by issuing debentures, which are a type of debt instrument. Understanding the types of debentures in company law is important for both businesses and investors, as each type carries different features, risks, and benefits. As per Section 2(30) of the Companies Act, 2013, a debenture […]
Most businesses in India comply with the rules set under the Companies Act, 2013, which ensure smooth and fair operations. However, company directors or majority shareholders misuse their power, leading to unfair treatment of minority shareholders or poor management. In such cases, the law covers oppression and mismanagement to protect people from such situations. In […]
Many businesses in India benefit from limited liability and a separate legal identity when they register under the Companies Act, 2013. However, this protection can sometimes be misused to commit fraud, evade taxes, or avoid legal obligations. In such situations, the law applies the concept of lifting of the corporate veil in India to hold […]
When you start or run a company in India, you must understand the legal obligations of a company. While business owners focus on operations and growth, they often overlook the compliance requirements that keep a company legally protected. Ignoring these obligations can lead to penalties, fines, or legal action against the company or its directors. […]
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