ICSI Publications - MMJC

Today, PoSH stands not only as a legal framework but as a testament to evolving workplace culture—an indispensable shield of inclusivity and equality, now recognized as the cornerstone of ethical corporate governance. With movements like #MeToo shaking the foundations of industries worldwide, the PoSH law has become the lighthouse guiding organizations toward a future where

Treasury buy back is a kind of buy back in which the shares although purchased (bought back) by the issuing company, are not extinguished and are retained with an idea to sell it at an opportune time. Section 67 of Companies Act, 2013 (“the Act”) puts a prohibition on company to purchase its own shares.

Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations 2015 inserted regulation 37A with effect from June 15, 2023. Regulation 37A provides for compliances to be done by a listed company while carrying out sale, lease, or disposal of an undertaking outside scheme of arrangement. Section 180(1)(a) of Companies Act, 2013 also

The requirement for disclosure of Significant Beneficial Owner (SBO) is an attempt to identify that individual who has the power to control the decisions taken in any company through the nonindividual shareholders in the company. Money laundering is a menace for all growing economies and all countries aim to have world class mechanisms to combat

Vide two notifications one dated 11 February 2022 and dated 27 October 2023 the compliances of significant beneficial owner (SBO) and disclosures of beneficial interest (BI), respectively, has been made applicable to all Limited Liability Partnership(s) (LLP). While making SBO and BI applicable to LLP, framework applicable to companies has been taken as a base

Separate entities formed by an apex company (holding company) can be in the form of companies or partnership firm or limited liability partnership (LLP) or any other form, depending on the nature of business of the organization. Due to flexibility in operations and movement of funds, LLP is a preferred option by many corporates. Many

The Companies Act is a classic example of inbuilt Good Governance practices. Even 100 yearsbefore, the Companies Act 1913 was having provisions for the approval of the Court to reduce capital, etc. The principles behind drafting any provisions for Governance are the same even today. The structure and the language may be different. Logic is