May 2022 issue of CTC covers the following case: Lack of due diligence by the statutory auditor cannot always be equated with fraud – SEBI Adjudication order in the matter of Acrepetal Technologies Ltd., in respect of M/s. K Gopalkrishnan & Co., Statutory Auditor For a detailed case law summary please click here
This issue of MMJC insights dated 20 May 2022 covers the following: Enforcing FEMA compliance before acquisition of Securities Corporate Insolvency Resolution Process (CIRP) can be resumed on failure to comply with terms of the Settlement Agreement? Entities having listed non-convertible debt need to maintain ‘security cover’ or ‘asset cover’ on a continuous basis? BSE
Ministry of Corporate Affairs, on 13th April 2022, has published the ‘Company Law Committee (CLC) Report 2022’ for public comments. Vide this report, a lot of recommendations are being proposed for amendment to the Companies Act, 2013 (the Act). These recommendations can be broadly basketed into those relating to ease of doing business, restoration of
Background The Ministry of Corporate Affairs (MCA) has permitted holding of Annual General Meeting (AGM) through electronic mode till 31 December 2022. This relaxation includes a leeway from sending hard copies of annual reports. But a question arises that whether listed entities are exempted from sending hard copies of annual reports for FY22 based on
April 2022 issue of CTC covers the following case: The statutory auditor cannot be held liable for fraud unless there is material evidence showing he colluded with management – SAT order in the matter of Mani Oomens vs SEBI For a detailed case law summary please click here
This issue of MMJC insights dated 25 April, 2022 covers the following: Amendment in Companies Accounts Rules with regard to accounting software having the audit trail Extension for filing CSR-2 The leased property cannot be recovered once the moratorium is imposed – In the matter of S. Rajendran (Appellant/Resolution Professional of M/s. Vasan Health Care
This issue of MMJC insights dated 10 April, 2022 covers the following: Automation of disclosure of Encumbrance of Shares Relaxation in timelines for processing of Investor Service Request SEBI penalizes members of the promoter group for not implementing the trading plan For detailed insights click here
This issue of MMJC insights dated 18 March 2022 covers the following: KMP – Full time Function or Full Time for Company? Interpretation of Section 29A(h) of IBC – wherein it was held that Once application for insolvency resolution is admitted on behalf of one creditor, then all creditors of same class would have their
This covers the following cases: Board of Directors need to justify the decisions taken in the meeting as to how they were in best interest of company. Merely mentioning so without validating it with facts is not acceptable – Final Order of the Whole Time Member in the matter of Landmark Leisure Corporation Ltd dated
This issue of MMJC insights dated 28 February 2022 covers the following: MCA Applies certain section of Co.’s Act to LLP – Compliance set to get stricter for LLPs!!! Can interest be clubbed with the principal amount to be as part of the Operational Debt to arrive at the minimum threshold? SEBI Overhauls Preferential allotment