Mondaq Asia Pacific: Corporate/Commercial Law
R&P China Lawyers
The article explores how to establish a franchise in China and highlights important considerations unique to the market.
R&P China Lawyers
The founder of the target company freely admitted that he had faked a signature to get the documents through.
Clyde & Co
Following the rapid development of the SSE / SZSE and the ChiNext Market in China over recent years, an increasing number of judgments on the issue of misrepresentation relating to securities...
TMF Group
Common Reporting Standards' (CRS) early adopters clearly demonstrate that compliance with the implementation comes with challenges.
S.S. Rana & Co. Advocates
The doctrine of frustration comes into play when a contract becomes impossible of performance, after it was made, on account of circumstances beyond the control of parties.
S.S. Rana & Co. Advocates
The Ministry of Corporate Affairs in exercise of the powers conferred by Sub Section (1) of Section 435 of the Companies Act 2013 (18 of 2013), vide Notification No. S.O. 3804 (E), dated December 4, 2017, ...
Dhaval Vussonji & Associates
A resolution plan can be approved only with the affirmative vote of creditors having at least 75% of the voting share by value in the Committee of Creditors.
Khaitan & Co
Around the world, there has been a considerable increase in shareholder activism in recent years. October 2017 saw a win for shareholder activists, 40 North and White Tale, when they forced the management of Clariant AG to call off Clariant's merger with Huntsman Corporation, since they believed that the merger would expose Clariant to Hunstman's debt and volatility.
Clyde & Co
The MCA vide its notification dated October 13, 2017, further amended Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016.
Clyde & Co
The MCA vide a notification dated October 18, 2017 issued Companies (Registered Valuers and Valuation) Rules, 2017. The aforesaid rule extensively provides for the qualifications...
Clyde & Co
The Ministry of Corporate Affairs ("MCA") has vide its notification dated October 18, 2017, brought into force the provisions of Section 247 of the Companies Act, 2013.
Cyril Amarchand Mangaldas
The Indian merger control regime has evolved substantially over the years since its introduction in June 2011.
Asit Mehta & Associates
In Part 1 (linked), we discussed some rookie mistakes we have seen businesses make while creating financial forecasts. New businesses especially are prone to making errors when they create forecasts for the first time.
Asit Mehta & Associates
No one is immune to the challenge of building business forecasts – whether it's first-time entrepreneurs or large businesses.
Asit Mehta & Associates
Joint ventures (JVs) are a popular business format with multi-nationals looking to enter new geographies, and for good reason.
Asit Mehta & Associates
Most corporates in India have historically had to carry out valuations of their shares only when a transaction occurred in the shares, e.g. upon infusion of equity from an overseas company...
Asit Mehta & Associates
India is one of the fastest growing markets in the world, making it one of the more attractive investment opportunities for companies across the world.
Khaitan & Co
On 14 November 2017, the Hon'ble Delhi High Court decided the issue regarding two Indian parties choosing a foreign seat of arbitration and the arbitrability of the principle of alter ego or piercing of the corporate veil.
Nishith Desai Associates
Dispute Resolution analysis: The High Court in Delhi has upheld a jurisdiction clause conferring jurisdiction on the Commercial Court in London.
The Ministry of Corporate Affairs notified the Companies (Restriction on Number of Layers) Rules, 2017 (the "Rules") on September 20, 2017.
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Singh & Associates
The Ministry of Corporate Affairs ("MCA") vide Notification1 dated 26.12.2016 notified Section 248 to 252 of the Companies Act, 2013 ("Act") and revised the process of striking off the name of the company...
Coleman Greig Lawyers
The Unfair Contract Regime may become useful for people to avoid certain clauses in a lease because they are unfair.
Shardul Amarchand Mangaldas & Co
"Demonetization", a topic that evoked interest of both the academicians and professionals alike. Each person in the country had a strong opinion and an inherent expectation about the way...
Khaitan & Co
There are various provisions in the Act, which require valuation by a registered valuer including issuance of shares on preferential basis, compromise and arrangements between company and its creditors or members, minority shareholding buy-out, liquidation, etc.
Holding Redlich
From 1 July 2018, ipso facto clauses will be ineffective in the event that the other party encounters financial distress.
Holding Redlich
Despite no formal written deed, 'agreement' can easily come about from discussions, emails and conduct of the parties.
What is modern slavery and what should businesses do to address it and prevent it happening in their supply chains?
Singh & Associates
Section 164 of the Companies Act, 2013 (herewith referred to as the ‘Act') states various disqualifications for appointment of Director in a company.
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Worrells Solvency & Forensic Accountants
This is a summary of the rights of directors and creditors to access books and records of a company in liquidation.
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