Tata-Mistry Conflict: The Continuing Corporate Schism
A watershed decision in 2012 captured the imagination of an aspirational India, giving a first-hand glimpse of Indian corporates adopting a paradigm shift in perspective – of professionalism and aptitude finally taking over the reins of family controlled legacy businesses; this moment was the appointment of Cyrus Pallonji Mistry (“CPM”) as the official Corporate Heir
Read MorePre-Packaged Insolvency Process for MSMEs
A. Introduction: Micro, small and medium enterprises (“MSME”) have been contributing greatly to the growth of the Indian economy including by way of employment generation. As on date, there are approximately 26.42 Lakh registered MSMEs in India. The Covid- 19 pandemic has caused great disruption in most businesses and while the larger conglomerates may have
Read MoreCovid 19 | Regulatory Updates
A. Introduction: With the rapid spread of Covid-19 pandemic, the Ministry of Corporate Affairs (“MCA”) has granted corporates certain relaxations. Set out below is a snapshot of some of the relaxations announced. B. COVID 19: Relaxations: – Gap between board meetings Section 173 of the Companies Act, 2013 (“CA 2013”) mandates companies to conduct board
Read MoreAn Unconventional SPAC Upswing
A. Introduction: An unconventional approach to raising capital absent the rigors of the traditional Initial Public Offering (“IPO”) is fast witnessing a global resurgence – through Special Purpose Acquisition Companies (“SPACs”). Amidst the Covid-19 pandemic, SPAC IPOs had a record year in the United States. As of March 2021, SPACs had already raised capital in
Read MoreClean Slate Principle Re-Affirmed By The Hon’ble Supreme Court, ‘inter Alia’
A. Introduction: The Hon’ble Supreme Court (“SC”), in its recent landmark judgment of Ghanashyam Mishra & Sons Pvt Ltd vs. Edelweiss Asset Reconstruction Company Limited , has settled the legal position on various issues arising under the Insolvency and Bankruptcy Code, 2016 (“Code”). While the main issue arising out these matters is in relation to
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