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Corporate Laws- Trade, Business, Commerce & Economy

Corporate, Business & Commercial means & includes the whole gamut of the following- the Company, the Corporations, the Shareholders, the Directors, the Employees, the Creditors, the Consumers, the Business Associations, the Partnerships- the Sole Proprietorship & the Limited Liability Partnership [LLP], Etc.

With the advent of Globalization and Industrialization taking place at a rapid pace the world over today, we are faced with Crimes of a nature which is becoming institutionalized and hard to detect. Corporate Crimes is a major challenge to the legal fraternity, the law makers, and the law enforcers. Corporate crimes in a globalized economy has no borders and can affect the economies of countries on a large scale and on a smaller scale can cause huge losses to Corporate houses and bring to halt the functioning of their businesses. We, at Hello Counsel, render our expert advice to corporate houses and also leading corporate personalities enabling them to keep under check the Corporate Crimes like: Antitrust violations, Computer and internet fraud, Credit card fraud, Phone and telemarketing fraud, Bankruptcy fraud, Healthcare fraud, Environmental law violations, Insurance fraud, Tax evasion, Financial and securities fraud, Insider trading, False and misleading advertising, Illegal exploitations of employees, Mislabeling of goods, Violation of weights and measures, Selling adulterated foodstuffs, Evading corporate taxes, Misappropriation of funds, Embezzlement, Black marketing, Profiteering and hoarding, Work place crimes, Smuggling and violation of foreign exchange, Data theft.

In 2015, the Govt.of India amended the Companies Act, 2013 vide the Companies (Amendment) Act, 2015. The Act removes the requirement of a minimum paid up share capital amount for private and public companies. It introduces a provision stipulating punishment for contraventions for acceptance of deposits from the public. Such a contravention would now entail a minimum fine of Rs one crore and a maximum of Rs 10 crore, in addition to the deposit or interest that is due; and up to seven years imprisonment and fine between Rs 25 lakh to Rs two crore, or both, for every defaulting officer of the company. If proved that the defaulting officer of the company did so willfully, he will be liable for the offence of fraud, under this Act. The Act limits the constitution of benches of Special Courts only for the trial of offences where punishment is imprisonment of two years or more. All other offences are to be tried by a metropolitan or first class judicial magistrate. Further, doing away with the requirement of a special resolution with regard to related party transactions, the Act states that a resolution would not be necessary for transactions between a holding company and its wholly owned subsidiary whose accounts are consolidated with such holding company and have been placed before the shareholders for their approval. Lately, i.e. in June, 2015, the Govt. of India constituted a Companies Law Committee for examining and making recommendations on the issues arising out of implementation of the Companies Act, 2013. The Committee has submitted its report, “Companies Law Committee Report, February, 2016”, incorporating therein all the valuable suggestions and recommendations.

Commercial Courts, Commercial Division and Commercial Appellate Division have been set up in the High Courts under Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015. The Commercial Courts are set up particularly in those high courts which exercise ordinary original civil jurisdiction, that is, the High Courts of Delhi, Bombay, Calcutta and Madras. Such commercial Courts adjudicate commercial disputes of specified value and matters connected therewith or incidental thereto. Commercial Courts are a Courts equivalent to District Courts and adjudicate commercial disputes. The Commercial Appellate Division hears the appeals from orders and judgments from the Commercial courts. The Appeals to High Court from the orders passed by tribunals like Competition Appellate Tribunal, Debt Recovery Appellate Tribunal, Intellectual Property Appellate Board, Company Law Board or the National Company Law Tribunal, Securities Appellate Tribunal and Telecom Dispute Settlement and Appellate tribunal also lie in the commercial appellate division if it relates to a commercial dispute.

Hello Counsel’s team of corporate law practitioners is one of the finest in the industry. We are engaged in providing a wide array of transactional and advisory services to our clients in the following Corporate & Commercial law practice areas:  

Related Links

Judgments- Corporate Laws

  • Google LLC Vs Competition Commission of India– National Company Law Appellate Tribunal, Principal Bench, New Delhi- Competition Appeal (AT) No.01 of 2023- Order Dated- 29.03.2023- Arising out of Order dated 20.10.2022 passed by the Competition Commission of India in Case No.39 of 2018.

Hello Counsel represents all types of business entities- Associations, Corporations, Joint Ventures, Partnerships, Sole Proprietors, Individuals like Directors, Promoters, Key Managerial Persons, Managers, Majority/Minority Shareholders, Employees, Contractors, Consultants, and Officers. The Corporate Division of Hello Counsel manages a full range of Corporate & Commercial matters. 

Kindly CLICK HERE or e-mail us at hellocounsel@gmail.com if you are facing any Legal Issue and want to have Legal Consultations with the empanelled Lawyers at Hello Counsel.

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