Corporate Law Questions
Browse corporate law questions asked by people across India.
Questions in Corporate Law are answered with reference to Section 185 of the Companies Act, 2013 on loans to directors, the Limited Liability Partnership Act, 2008, the Insolvency and Bankruptcy Code, 2016 and the SEBI Act, 1992. Each answer states the section that applies, the forum that hears the matter and the limitation period, so the position can be checked against the official text at India Code before you act on it.
The forum depends on the facts rather than the label: a dispute described as a family matter may be heard by a family court, a magistrate or a civil judge depending on whether the relief sought is maintenance, custody, injunction or declaration. Where the law has been renumbered by the 2023 criminal law reforms, answers note both the old and the new section numbers.
How does the Companies Act, 2013, Section 185 regulate loans to directors, and what are the penalties for non-compliance?
Can you explain the differences between a Share Purchase Agreement and a Share Subscription Agreement as per the Companies Act, 2013?
How do the provisions of Section 62 of the Companies Act, 2013, regarding the rights issue affect existing shareholders?
What are the implications of non-compliance with Section 92 of the Companies Act, 2013, concerning the annual return filing?
Can you explain the process for registering a trademark under the Trade Marks Act, 1999, and the time frame expected for approval?
How does the Insolvency and Bankruptcy Code, 2016, affect the rights of creditors under Section 53 during liquidation proceedings?
What are the penalties for non-compliance with the provisions of the Companies Act, 2013, particularly under Section 450?
How does Section 62 of the Companies Act, 2013, affect the rights of existing shareholders during a rights issue?
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Frequently Asked Questions about Corporate Law
What is corporate law in India?
Corporate law in India governs the formation, operation, and dissolution of companies. Key legislation includes the Companies Act 2013, LLP Act 2008, and SEBI regulations. The Ministry of Corporate Affairs oversees compliance.
How to register a startup in India?
Startup registration: (1) Incorporate as Private Limited, LLP, or Partnership, (2) Register on the Startup India portal (startupindia.gov.in), (3) Get DPIIT recognition for tax benefits, (4) Obtain necessary licenses and GST registration.
What is GST and who needs to register?
GST (Goods and Services Tax) is a unified indirect tax. Registration is mandatory if annual turnover exceeds ₹40 lakh (goods) or ₹20 lakh (services). Voluntary registration is possible. GST returns must be filed monthly or quarterly.
How to register a trademark in India?
Trademark registration: (1) Search the trademark database at ipindia.gov.in, (2) File application with the Trademark Registry (₹4,500 for individuals), (3) Examination after 18-24 months, (4) Publication in the Trademark Journal, (5) Registration if no opposition within 4 months.
What is the difference between LLP and Private Limited?
A Private Limited Company has separate legal identity, easier fundraising, and higher compliance costs. An LLP (Limited Liability Partnership) has lower compliance, no minimum capital, and partner liability protection but is harder to raise equity funding.