Corporate Law

On July 27, 2026, the Supreme Court of India, in Tejas J. Shah and Amisha T. Shah v. Mantri Technology Constellations Pvt. Ltd. (2026 LiveLaw SC 723), ruled that a moratorium imposed under Section 14 of the Insolvency and Bankruptcy Code (IBC), 2016 against a corporate debtor does not bar consumer complaints from proceeding against the company's promoters and directors. The bench of Justices Vikram Nath and Sandeep Mehta clarified that the insolvency moratorium protects only

The National Company Law Tribunal (NCLT) approved a record 78 insolvency resolution plans worth a combined Rs 5,517.66 crore during the first quarter of FY2027 (April to June 2026). This represents the highest-ever Q1 performance in terms of approval of resolution plans since the Insolvency and Bankruptcy Code (IBC) was enacted in 2016. The data underscores the growing efficiency of the insolvency resolution framework in India, even as the tribunal continues to face challenge

Every private limited company registered under the Companies Act, 2013 must file annual returns and financial statements with the Registrar of Companies (ROC). These filings are not optional: failure to comply within the prescribed timelines attracts penalties, can result in the disqualification of directors, and may even lead to the company being struck off the register. This guide explains the key forms, deadlines, and procedural steps for ROC annual compliance, including t

The Ministry of Corporate Affairs (MCA) has extended the deadline for the Companies Compliance Facilitation Scheme, 2026 (CCFS-2026) from July 15 to August 31, 2026. The extension, notified through General Circular No. 03/2026 dated July 8, 2026, was necessitated by the ongoing capacity enhancement and restoration activities at the MCA data centre following a fire incident on June 5, 2026. The scheme offers up to a 90 per cent discount on additional filing fees for companies

Supreme Court Recommends IBC Amendments to Protect MSME Operational Creditors The Supreme Court of India has issued a strong recommendation urging the Law Commission and Parliament to examine amendments to the Insolvency and Bankruptcy Code, 2016 (IBC) to ensure that micro, small, and medium enterprise (MSME) operational creditors receive fairer treatment under the insolvency resolution framework. The call for reform came in the case of Tata Steel Ltd. v. Varsha & Anr. (2026

Special Economic Zones (SEZs) are designated duty-free enclaves that are treated as foreign territory for the purposes of customs and trade. Governed by the Special Economic Zones Act, 2005 and the SEZ Rules, 2006, these zones offer significant tax benefits, simplified customs procedures, and a single-window clearance mechanism for businesses engaged in manufacturing, services, or trading for export. This guide explains the end-to-end process for setting up a unit in an SEZ,

The Supreme Court has set aside an order of the National Company Law Tribunal (NCLT) in the Essel Infraprojects insolvency matter after discovering that the tribunal's judgment relied on non-existent, fabricated legal precedents generated through artificial intelligence tools. In a landmark ruling delivered on July 2, 2026, a Bench of Justices P.S. Narasimha and Alok Aradhe declared that courts must adopt a "zero tolerance" approach to AI-hallucinated citations and directed t

When the Registrar of Companies (RoC) strikes off a company from the register under Section 248 of the Companies Act, 2013, the company ceases to exist as a legal entity. However, this does not always mean the end of the road. Section 252 of the Companies Act provides a mechanism for restoration of the company's name by filing an application or appeal before the National Company Law Tribunal (NCLT). This guide explains the grounds for strike-off, the distinction between Secti

The Ministry of Corporate Affairs has extended the deadline for the Companies Compliance Facilitation Scheme 2026 from July 15 to August 31, 2026, through General Circular No. 03/2026 dated July 8, 2026, following disruptions caused by the MCA21 data centre fire on June 5, 2026.

Increasing the authorized share capital of a company in India is a common corporate action required when the company needs to issue additional shares beyond its current authorized limit. The process is governed by Section 61 and Section 64 of the Companies Act, 2013, and involves amending the Memorandum of Association, obtaining shareholder approval, and filing Form SH-7 with the Registrar of Companies. When Is an Increase Required? A company must increase its authorized shar

Changing the name of a company in India is a structured process under Section 13 of the Companies Act, 2013, that requires board approval, shareholder approval by special resolution, name reservation through the MCA portal, and formal application to the Registrar of Companies. This guide outlines each step, the forms involved, and the typical timeline. Step 1: Board Resolution The board of directors must pass a resolution approving the proposal to change the company name. The

The Mumbai Bench of the National Company Law Tribunal (NCLT) admitted Future Consumer Limited, part of the Kishore Biyani-promoted Future Group, into the Corporate Insolvency Resolution Process (CIRP) after finding a default of Rs 263.77 crore owed to Resurgent India Special Situations Fund. The Financial Debt Future Consumer Ltd. had issued Non-Convertible Debentures (NCDs) aggregating Rs 200 crore in 2018. Despite being granted multiple waivers, restructuring arrangements,

Legal due diligence is a critical step before any business acquisition, merger, or investment in India. It involves a systematic review of the target company's legal documents, compliance records, contracts, and litigation history to identify risks and inform the deal structure. This guide outlines the key steps and areas of review for conducting effective legal due diligence. Step 1: Execute a Non-Disclosure Agreement Before accessing any confidential information about the t

A Limited Liability Partnership (LLP) combines the flexibility of a partnership with the limited liability protection of a company. It is governed by the Limited Liability Partnership Act, 2008, and is a popular choice for professionals, startups, and small businesses in India. This guide walks you through the step-by-step process of registering an LLP through the Ministry of Corporate Affairs (MCA) V3 portal in 2026. Step 1: Obtain Digital Signature Certificates (DSC) Every

The Supreme Court on July 9, 2026, dismissed appeals filed by the suspended director of Parsvnath Developers Ltd, affirming that once a financial debt and default are established under the Insolvency and Bankruptcy Code (IBC), 2016, settlement negotiations between the parties cannot be used as a ground to stall or defer the admission of a Corporate Insolvency Resolution Process (CIRP). Background of the Dispute ARCIL, the assignee of Sammaan Capital's claim of approximately R

From Blanket Restrictions to Beneficial Ownership Analysis The Department for Promotion of Industry and Internal Trade (DPIIT) released Press Note 2 (2026 Series), introducing a fundamental shift in how India regulates Foreign Direct Investment (FDI) from countries sharing a land border. Moving beyond the jurisdiction-based blanket restrictions of Press Note 3 (2020), the new framework centres on beneficial ownership analysis and control-based thresholds to determine when gov

MCA extends DPT-3 filing deadline to July 31 2026 and grants e-form resubmission relief after the June 5 data centre fire via General Circular 02/2026.

Companies and their officers may sometimes default on compliance requirements under the Companies Act 2013, leading to penalties and prosecution. Section 441 of the Companies Act 2013 provides a mechanism called "compounding" that allows offenders to settle certain offences by paying a compounding fee, thereby avoiding prolonged litigation and criminal proceedings. This guide explains the compounding process, which offences qualify, the role of the Regional Director and NCLT,

A Limited Liability Partnership (LLP) is a popular business structure in India, governed by the LLP Act 2008. However, when an LLP has ceased operations, never commenced business, or is no longer financially viable, the partners may need to close or wind it up. The process involves either a voluntary strike-off through Form 24 filed with the Registrar of Companies (RoC) or a formal winding up through the National Company Law Tribunal (NCLT). This guide explains both methods i

The Delhi High Court has held that an order suspending or debarring a company from participating in future tenders cannot be passed without following the principles of natural justice. Setting aside an order by a public sector entity that suspended a solar module manufacturer from future tenders, the Court reaffirmed that debarment is a serious civil consequence which requires a show cause notice and a fair hearing before it can take effect. The Dispute A public sector renewa