Corporate Social Responsibility
Suneeth Katarki, Partner and Mansi Dhupar, Associate, IndusLaw, published on mondaq.com, April 2014

"A good company delivers great products and services but a great company does that and makes the world a better place". This statement by William Ford Junior, Chairman of the Ford Motor Company seems very apt to introduce the topic of corporate social responsibility not just for the statement but because of the person making it. Ford Motor Company is said to have increased wages for its own employees so that it could create a market for cars to be purchased. So while it did social good, it benefitted the company too enormously. If all companies believe they can achieve this, corporate social responsibility would be a far bigger success than what the lawmakers could have dreamed of achieving with this new legislation

 

National Company Law Tribunal - Signed, sealed and delivered?
Avimukt Dar, Partner and Aakriti Shakdher, Associate, INDUSLAW, published in Corporate Law Advisor, Volume 118, Part 2, January, 2014

The new Companies Act, 2013 ("Act of 2013") proposes seminal changes in the manner in which companies are governed and regulated in India. The law has been substantially restated with an additional focus on creating an elaborate mechanism from an enforcement perspective. In this article, we will be focusing on the creation of the National Company Law Tribunal ("NCLT") and National Company Law Appellate Tribunal ("NCLAT") and issues in relation thereto. It was desired that, in place of various bodies presently looking into different company related matters such as mergers, bankruptcy and shareholder actions, a body should be constituted to handle all such matters in a speedy and efficacious manner

 

Related Party Arrangements under the Companies Act, 2013
Kartik Ganapathy, Partner and Aakash Dasgupta, Associate, INDUSLAW, published in Corporate Law Adviser, Volume 118, January, 2014

Uncles, aunts, cousins, nephews; in India, ‘related parties’ are everywhere. The existing provisions governing related party transactions when juxtaposed with extant structures and practices in India have seemed largely inadequate. This Article seeks to evaluate whether such concerns have been addressed in the new provisions of the Companies Act, 2013 (“New Companies Act”). Hitherto, the Companies Act, 1956, Listing Agreement of the National Stock Exchange ("Listing Agreement") and Accounting Standards issued by the Institute of Chartered Accountants of India (“AS 18”) provided the legal framework governing related party transactions. From the scheme of the New Companies Act, it seems that the legislature has given significant importance to addressing corporate governance related issues. Regulating related party transactions through effective supervision and transparency is an important aspect of good corporate governance. This Article will also briefly review the same key provisions of the New Companies Act in light of corporate governance principles

 

Liability of Directors for dishonor of cheques issued by a Company
V. Srinivasa Raghavan, Partner and S. Narsimhan, Associate, INDUSLAW, published in Corporate Law Advisor, Volume 113, March 2013

Are all directions of a company deemed to be criminally liable in the event of dishonor of cheque issued by the company? Can they all be prosecuted for the dishonor of the cheque? Is it possible at all for the directors to contend that they are not liable to be prosecuted? In this article, authors answer these questions which have been frequently asked given the general understanding that all the directors are responsible for the day-to-day conduct of business of the company