The IBC has invited a lot of discussion during recent times, with numerous companies facing the wrath of the COVID-19 pandemic and resulting financial challenges. This article highlights key decisions of the top court and sub courts to its readers.
Due diligence is important before investing in a company or a firm. Siemens Gamesa Renewable Energy's India Unit recently fired a top executive over lack of DD. Internal investigations found that he failed to conduct appropriate DD when engaging a consultancy with a political connection.
Wilful defaulters are considered as entities that do not pay back money despite the ability to do so. The concept of 'Wilful Defaulter' has been explained by the Master Circular issued by RBI (under the Banking Regulation Act, 1949).
Shell companies are entities that have no active operations but are set up for reducing tax liabilities, raising capital, and oftentimes, for laundering money, hiding ownership.
An Associate Company is a company which is significantly influenced by another company but is not a subsidiary of the company having such influence. Understand the nuances of the definition of an associate company, how it appears in IBC, Companies Act & Indian Accounting Standards.
One of the most sought after modules on the SignalX platform is our litigation search suite. Our systems interact with almost all the courts and tribunals in India that makes its data available, to parse and process, to help our users discover value in a jiffy.
SEBI has recently tweaked the 25% Minimum Public Shareholding (MPS) requirement for companies undergoing insolvency process. It also segregated assets as well as liabilities of mutual funds & eased norms governing promoter participation in follow-on public offers.
A 'Connected Person' under the IBC refers to a person within the immediate company network. The definition highlights one key differentiator: the existence of a personal relationship between the company and the person. Read on to understand the nuances of identifying a Connected Person.