A guide to Corporate Insolvency Procedure
Legal

A guide to Corporate Insolvency Procedure

Insolvency and Bankruptcy Code,2016 (IBC,2016) came in to force on 28th May 2016. The law relating to reorganization and insolvency of corporate body is dealt with by this act.

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Concept of Corporate Personality
Legal

Concept of Corporate Personality

Corporate personality is the creation of law. And as per the law, a corporation is an artificial person created by the personification of a group of individuals. The theory of corporate personality mainly states that a company has a legal identity different from its member. Both English and Indian laws follow the concept of corporate personality.

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Liquidation of Company
Legal

Liquidation of Company

Company being artificial person can only be dissolved by striking off the register of companies. This is called liquidation of company.

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Letter of undertaking
Legal

Letter of undertaking

Letter of Undertaking (hereinafter referred to as LoU) can said to be a sort of guarantee that is issued by a banking entity to the concerned person for attaining short term credit from the overseas branch of an Indian bank. Such LoUs are not issued against retail transactions, but are employed in business or trade transactions.

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Registration of a Public Limited Company| Explained
Legal

Registration of a Public Limited Company| Explained

A public limited company is an incorporated business and is said to be a separate legal entity from its owners like that of the Private Limited Company. Shareholders are termed to be its owners and they enjoy the benefit of the limited liability. The limited liability is a benefit to each of the shareholder of that company. According to Section 3(1) (IV) of Indian Companies Act 1956 that ‘’a public company is not a private company” also the articles do not restrict the transfers of shares of the company. There is no restriction on the maximum number of the companies. It invites general members and public to purchase the shares and debentures of the company. If one wants to register a public company there are many advantages or benefits related to the registration of a public Company which are -

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Adverse Effect under Competition Law
Legal

Adverse Effect under Competition Law

In every market, the companies producing similar products or offering similar services compete to gain maximum consumers, profits and market control.

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Difference between MoU and Letter of Intent
Entrepreneurship

Difference between MoU and Letter of Intent

Memorandum of understanding abbreviated as MOU and letter of intent as LOI, are two different terms but they somehow seem similar and people often get confused over it. This article tries to explain the difference between the two.

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Memorandum of Understanding| Explained
Legal

Memorandum of Understanding| Explained

It is essential that before entering into a contract the parties to the contract reach an understanding on the same level. This requires that the parties agree in the same manner to the same thing. Ironing out all such minor details at the time of entering into a contract is necessary. However, sometimes the parties to the contract may just want to formulate a preliminary agreement that establishes the relationship between them but at the same time gives them some leeway which a formal contract may not. Such a preliminary agreement is called a memorandum of understanding.

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Registering a PVT LTD Company
Entrepreneurship

Registering a PVT LTD Company

Private Limited Company, the most mainstream lawful structure for perpetuating a business. It is simple to form an entity in India. For this one should simply enrol the directors who are the face of the company with the Ministry of Corporate Affairs (MCA). The name of the organization must be enlisted and present the organization incorporation documents that includes the Memorandum of Association and Articles of Association. A private limited company must have at least two individuals and a maximum of 200 individuals. The whole procedure of registration takes around 10 to 15 days.

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Anti-Competitive Practices
Legal

Anti-Competitive Practices

Anti-competitive practices refer to an all-embracing range of business practices in which a firm or group of firms may fit into place in normalize to restrict inter-firm competition to keep up or amplify their family member market place and profits lacking necessarily providing goods and services at a lower cost or of elevated eminence.

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Annual Mandatory Compliance for PLCs
Legal

Annual Mandatory Compliance for PLCs

Generally, people opt for private limited companies due to less formality. It is the most popular and well-known form of start-up. However, some of the mandatory compliances which are pre-requisites are needed to be followed every year.

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Essentials of Valid Contract
Legal

Essentials of Valid Contract

A contract is the foundation of a civilised world. The law relating to contracts in India is contained in Indian Contract Act, 1872. A Contract is simply an agreement between two or more persons to do something. Each contract creates a binding duty on the contracting parties. The Indian Contract Act deals with the enforcement of these rights and duties upon the parties in India.

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Minimum Alternative Tax
Tax

Minimum Alternative Tax

Companies often have tendency to escape the taxes, to get more and more profit, and in order to escape it, they often become “zero tax companies” i.e. those companies which incur high profit but gets exempted from paying taxes by using undue advantages of various deductions, incentives tools provided to them for their benefits.

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Annual Mandatory Compliance for Start-ups in India
Legal

Annual Mandatory Compliance for Start-ups in India

Startups in India have to follow a number of compliances placed by various statues. These include the periodic filing of tax and other returns, holding the board and other meetings, maintaining statutory books and accounts etc.

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NBFCs - Registration and Compliance
Legal

NBFCs - Registration and Compliance

The non-banking financial companies (NBFCs) are on rise and form’s an important part of the Indian financial system. The non-banking financial companies (NBFCs) are a group of institutions that are heterogeneous in nature that raises funds from the public in direct and indirect ways.

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What is an Abridged Prospectus?
Legal

What is an Abridged Prospectus?

The dictionary meaning of ‘abridge’ is to shorten something without destroying the meaning of the original. An abridged prospectus is a summary of the prospectus containing such details as be prescribed by the SEBI.

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Sale of Business Agreement
Legal

Sale of Business Agreement

In this capitalist world, constant economic transactions are taking place. One of these important transactions is selling your business. While the sale of your business sounds like a simple enough deal, there is a lot of basics which has to be hammered out in this comprehensive document.

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Joint Venture Agreement
Legal

Joint Venture Agreement

A Joint Venture is defined as any arrangement whereby two or more parties co-operate in order to run a business or to achieve a commercial objective. In other words, Joint Venture is a business agreement between two or more companies whereby the business resources of the partners are mutually shared and put to use.

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