A company compliance calendar in India is a structured yearly, quarterly and monthly tracker of statutory obligations applicable to a company. For a private limited company or startup, it generally covers ROC filings, board meetings, annual general meeting, financial statements, annual return, GST returns, TDS, PF, ESI, labour records, POSH compliance, data protection review, contract...
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A term sheet in India is a preliminary transaction document that records the principal commercial and legal terms of a proposed investment, acquisition, merger, joint venture, loan or strategic transaction. It may be wholly non-binding, partly binding, or binding, depending on its language. Commercial terms such as valuation and proposed investment are usually made non-binding,...
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Business contracts in India are legally enforceable when they satisfy the requirements of the Indian Contract Act, 1872: free consent, competent parties, lawful consideration, lawful object and absence of any legal declaration making the agreement void. A strong business contract should clearly define scope of work, payment terms, delivery obligations, warranties, indemnity, limitation of liability,...
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Director liability in India arises when a company director breaches statutory duties, participates in default, fails to exercise due diligence, authorises unlawful transactions, makes false statements, commits fraud, or is treated as an “officer who is in default” under the Companies Act, 2013. However, a director is not automatically criminally liable merely because he holds...
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Legal due diligence in India is a structured legal review of a company before an investment, acquisition, merger, loan, joint venture or strategic transaction. It examines corporate records, shareholding, statutory filings, contracts, litigation, employment compliance, tax exposure, intellectual property, data protection, licences, regulatory approvals, debt, related-party transactions and title to assets. The objective is to...
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A shareholders agreement in India is a private contract between shareholders, and often the company, that regulates shareholding rights, transfer restrictions, management control, investor protection, exit rights, reserved matters, board representation and dispute resolution. The agreement should be consistent with the Companies Act, 2013 and the Articles of Association. The Supreme Court has recognised that...
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A founder agreement in India is a legally binding contract between startup founders that records equity ownership, founder roles, vesting, intellectual property assignment, decision-making rights, founder exit, confidentiality, dispute resolution and consequences of misconduct or abandonment. It is generally governed by the Indian Contract Act, 1872, the Companies Act, 2013, the company’s Articles of Association...
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Startup legal compliance in India begins with choosing the correct business structure, completing incorporation, maintaining statutory registers, executing founder and shareholder agreements, protecting intellectual property, complying with tax and GST law, following labour and HR requirements, and ensuring data protection compliance. Startups seeking government recognition must also examine the DPIIT recognition framework, which was revised...
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Introduction Section 497 The Supreme Court’s Constitution Bench clarified that its 2018 judgment decriminalizing adultery under Section 497 of the Indian Penal Code does not affect court martial proceedings against armed forces personnel for adulterous conduct. The Bench stated that the Joseph Shine vs. Union of India judgment of 2018 did not address the provisions...
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Abstract: Section 233 of the Companies Act, 2013 introduces the globally accepted concept of Fast Track Merger Process which introduces a slightly simpler procedure for mergers and amalgamation of certain classes of companies including small companies, holding and subsidiary companies. Introduction: Mergers and amalgamations (M&As) have become the buzzwords in corporate echelons these days. It...
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