Corporate Law

The Lok Sabha passed the Insolvency and Bankruptcy Code (Amendment) Bill, 2025 on 30 March 2026, introducing 12 targeted amendments aimed at resolving the chronic delays and procedural gaps that have undermined India's insolvency framework since the IBC came into force in 2016. The Bill mandates a 14-day window for the NCLT to admit or reject insolvency applications, introduces project-wise resolution for real estate developers, and requires the Committee of Creditors to reco

The Corporate Laws (Amendment) Bill, 2026, introduced in the Lok Sabha on 23 March 2026, proposes the most comprehensive overhaul of Indian corporate and partnership law in over a decade. Amending both the Companies Act, 2013 and the Limited Liability Partnership Act, 2008, the Bill has been referred to a 31-member Joint Parliamentary Committee (JPC) for scrutiny before it proceeds to enactment. Its provisions touch compliance, criminal liability, CSR obligations, LLP flexibi

The Competition (Amendment) Act, 2023, signed into law on April 11, 2023, represents the most significant reform of India's competition law framework since the Competition Act, 2002, came into force. The amendment overhauled merger control thresholds, introduced a deal value threshold, created a framework for settlements and commitments, strengthened the leniency programme, and addressed gun-jumping violations more forcefully. For businesses operating in India, particularly t

India's Insolvency and Bankruptcy Code (IBC) previously applied only to corporate entities, leaving individuals and proprietors with limited formal insolvency mechanisms. Part III of the IBC, implemented in 2019, extended insolvency protections to individuals and personal guarantors. This framework enables overburdened debtors to resolve insolvency through structured processes, including debt restructuring or fresh start via discharge. The personal insolvency regime provides

Related party transactions are inevitable in corporate structures involving subsidiaries, holding companies, and affiliated entities. India's Companies Act 2013 imposes a stringent regulatory framework governing these transactions to protect minority shareholders and ensure corporate transparency. The Act's provisions on related party transactions, particularly Section 188 and Section 189, mandate board and shareholder approvals, comprehensive disclosures, and create liabilit

The Insolvency and Bankruptcy Code Amendment Bill 2025 represents the next evolutionary step in India's insolvency framework. The bill contains over 70 proposed amendments addressing lessons learned during nearly a decade of IBC implementation. Key proposals include streamlining Corporate Insolvency Resolution Process timelines, introducing pre-packaged insolvency procedures for micro, small, and medium enterprises, establishing cross-border insolvency protocols, strengthenin

A question that recurs with regularity in Indian corporate jurisprudence is whether shareholders can contractually opt out of the National Company Law Tribunal's jurisdiction over their disputes by including arbitration clauses in shareholders' agreements. The answer is nuanced and turns on a fundamental distinction between statutory rights and contractual claims. While shareholders have broad freedom to arbitrate contractual disputes arising from their agreements, Indian cou

India's ratification and incorporation of the UNCITRAL Model Law on Cross-Border Insolvency into the Insolvency and Bankruptcy Code represents a landmark development enabling coordinated insolvency proceedings across national borders. This framework facilitates resolution of multinational enterprises' insolvencies and enables creditor participation across jurisdictions. The integration addresses practical challenges arising from contested assets, conflicting creditor claims,

The Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC) is the principal mechanism for resolving corporate debt distress in India. Whether you are a creditor seeking to recover dues, a corporate debtor facing financial difficulty, or a potential resolution applicant looking to acquire distressed assets, understanding the step-by-step CIRP process and the significant amendments made in 2025 and 2026 is essential. The IBC has fund

Being a director of an Indian company is not merely a title, it is a position of significant legal responsibility. The Companies Act, 2013, supplemented by the Rules framed by the Ministry of Corporate Affairs (MCA), imposes a comprehensive set of duties, disclosure obligations, and personal liabilities on directors that many board members remain unaware of until a regulatory action or shareholder dispute forces the issue. With the MCA actively updating the compliance framewo

India's merger control regime underwent a fundamental transformation on 10 September 2024, when the Competition Commission of India (CCI) introduced the Deal Value Threshold (DVT), a new trigger for mandatory pre-merger notification that captures high-value technology and startup acquisitions that previously escaped CCI scrutiny because the target had minimal assets or revenues. This shift, implemented through an amendment to the Competition Act, 2002, reflects India's determ

Your Under-15-Minute Crash Course on M&A in India In this episode of CLAT - Couple of Lawyers' Arguments and Thoughts, we demystify the...

Changes to Corporate India and the Companies Act in 2024 In this episode of Couple of Lawyers: Arguments & Thought, we break down the latest amendments to the Companies Act, 2013, introduced by the Ministry of Corporate Affairs in October 2023. From increased transparency through beneficial ownership disclosures to mandatory dematerialization of share warrants, these changes are transforming corporate compliance and accountability in India. Learn how these amendments aim to m