Companies Act 2013 - Recent Developments (Mumbai)
The New Companies Act 2013 which was enacted in August 2013 is considered to a milestone in corporate reforms in India as it laid a new regime of business friendliness in India. However after it’s implementation various sections of industry raised serious concerns over various stringent provisions. The governments has been keen in listening to various sections of the industry and regularly brining in amendments in it and notifying the pending provisions. MCA has recently notified many pending provisions in relation to the compromise, arrangement, reconstruction, winding-up, reduction of share capital, etc. and have been brought into force with effect from 15 December 2016. Further, the cases will stand transferred to NCLT in phased manner as per the Companies (Transfer of Pending Proceedings) Rules, 2016.
CorpKonnect presents a one full day executive learning program on Recent Developments in Companies Act 2013 to understand and critically analyse the new corporate law of the land and it’s ongoing changes. Also it aims to determine the level of changes still required to making business more friendly.
Benefits of attending
- Learn about all the new notified provisions related to M&A, Minority Shareholding and Reduction of Share Capital
- Understand about the new Bankruptcy and Insolvency Code, 2016
- Learn about the NCLT procedural aspects
- Learn from experts on the latest changes and amendments
- Key focus on burning issues of industry under the new law
- Get answers to your key concerns from senior lawyers and industry experts
Who Should attend?
- CFOs, Financial Controllers and other Key Management Personnel
- Independent Directors and Executive Directors
- Auditors and Internal Auditors
- Company Secretaries
- Head of Legal and Compliance
- Corporate Affairs Managers and Executives
Technical Session 1: Shareholders` Rights & Share Capital
- Variation of Shareholders’ rights
- Reduction of Share Capital
- Power to compromise or make arrangements with creditors and members
Mergers and Amalgamations Issues
- Power of the Tribunal to enforce compromise or arrangement
- Merger and amalgamation of companies
- Fast track merger
Technical Session 2: Oppression and Mismanagement – Lessons from recent controversies
Joint Shareholding – Issues
Some other Key Issues:
- Power to acquire shares of shareholders dissenting from scheme or contract approved by majority
- Purchase of minority shareholding
- Registration of offer of schemes involving transfer of shares
Technical Session 3: Related Party Transactions
- For private Companies & Unlisted Public Companies
- For Listed Companies
Removal of Directors - Recent Issues
Board and Independent Directors – How independent they are?
Technical Session 4: NCLT Procedural Aspects
- Types of cases to be dealt under NCLT
- New Cases in NCLT framework
- Drafting of Petition/Applications with NCLT
- Procedure of transferring cases from CLB to NCLT
- Class Action Suits
Darshan Upadhyay is a Partner in the Corporate & Commercial and Private Equity & Venture Capital practices of ELP. He is a qualified Company Secretary and a law graduate from the University of Mumbai.
With over 14 years in Private Equity and M&A transactions, Darshan has advised several Fortune 500 companies in the world and continues to advise funds and multinationals on aspects like entry, acquisitions, joint ventures and other commercial transactions for their India-related forays. His expertise in exchange control regulations, SEBI and general corporate law is an added advantage on M&A transactions. Several private equity funds and hedge funds consult him on various matters of importance. He has been involved in some of the most complex M&A transactions including takeover matters involving structuring, regulatory approvals, open offer compliances and other transactional support.
Darshan has been ranked as a Leading Lawyer for Corporate/M&A by Asialaw Profiles 2014 & 2015; Highly Recommended for his expertise by The Legal500 Asia-Pacific 2016; and a Rising Star in IFLR1000 Financial & Corporate 2016.
Bhavin Gada is an Associate Partner in the Corporate and Commercial practice of ELP. He is a commerce graduate with a law degree from the University of Mumbai. Bhavin got his Masters in Business Law from the National Law School of India University (Bangalore). He is also a qualified Solicitor from Bombay Incorporated Law Society.
With over 10 years of experience in Private Equity and M&A transactions; Bhavin has advised funds and multinationals on various aspects such as entry, inbound and outbound acquisitions, domestic fund formation, joint ventures and other commercial transactions for their India-related forays. He has advised clients across sectors including services, retail, real estate, pharmaceutical and healthcare, IT, aviation, telecom and infrastructure.
Bhavin’s expertise in exchange control regulations, SEBI, real estate, contractual arrangements and general corporate law is an added advantage on M&A transactions. His experience helps in indentifying key structuring issues and diligence matters that are crucial for all transactions.
Prior to joining ELP, Bhavin was with Rajani Associates from 2007 to 2011; and was a litigation lawyer practicing at the High Court of Bombay with C. R. Naidu and Co before 2011.
Khaitan & Co.
Sharad Abhyankar, Solicitor & Advocate joined M&A and Corporate Advisory Practice of Khaitan & Co, Mumbai Office in December 2011. Practising for more than 28 years, Sharad specialises in corporate laws, securities laws, anti-trust laws, telecom regulations, constitutional litigation and international commercial arbitrations. He advises Indian and international clients on strategic M&As, private equity investments, capital market transactions, financing transactions, domestic and cross-border foreign collaborations and joint ventures, foreign exchange and securities law related matters.
Sharad has led the merger of housing finance companies with public sector banks and has advised on issues on complex regulatory issues relating to mergers and acquisitions in financial services sector.
Sharad has led many complex legal due diligence assignments of Indian Corporate Groups for compliance check, health check, particularly focussed on Promoter Groups, Related Party Transactions; tunnelling schemes by promoters and Key Managerial Personnel and insider trading.
Sharad has also led preparation of compliance manuals on Indian federal and state laws for Indian Corporate Groups with international operations.
Sharad is also involved in facilitating different government agencies in framing policies and regulations such as the State Education Board in Maharashtra, Department of Telecommunications, ICASA - the Telecom Regulator in Republic of South Africa. Sharad also led the project of developing the Model Shops & Establishments Law in association with FICCI, which was recently adopted by the Union Cabinet.
Sharad Abhyankar is an Independent Director on a few listed and unlisted Indian companies and has been a part-time faculty on various legal subjects at the Government Law College, Mumbai, for more than 25 years.
Sharad is a member of the Advisory Committee and Drafting Committee of the NSE Center for Excellence in Corporate Governance. He has authored several articles on a variety of legal topics in both, Indian and International journals and is often invited as a speaker/ panellist at a number of professional seminars.
Khaitan & Co.
Kalpana is a solicitor and a senior partner at Khaitan & Co’s Mumbai office. Prior to joining Khaitan, she worked at Ashurst’s London office for 10 years. Kalpana is qualified to practise both Indian laws and English laws. While working in London, she played a key role in building Ashurst’s India practice and built a team at Germany, Milan, Paris and Singapore.
Kalpana`s practice has always been broad based. While the initial focus was driven by energy and projects, her practice has developed with the changing Indian economy to encompass corporate and M&A transactions. Her work can be best described as a combination of traditional corporate work (M&A, joint ventures, etc.) and project work across a range of sectors.
Having set up Ashurst’s India practice and since returning to Mumbai in 2008, she specialises in cross border joint ventures and mergers & acquisitions by delivering practical solutions to clients on doing business in India. She is experienced in leading diverse teams in dynamic environments while achieving success in competitive markets.
She is focused and has a consultative and collaborative style. She regularly acts for international companies and is recognised in independent guides as one of the leading lawyers.
Shardul Amarchand Mangaldas
Ameya Gokhale is a Partner at the Mumbai office of Shardul Amarchand Mangaldas with specialisation in Litigation, Arbitration and Dispute Resolution. He has advised various clients on issues concerning regulatory, banking, corporate and commercial litigation, criminal litigation, domestic arbitrations and International Commercial Arbitrations. He has also appeared as Counsel in several matters before the Supreme Court of India, Bombay High Court, Delhi High Court, National Company Law Tribunal, Securities Appellate Tribunal, Securities Exchange Board of India, Company Law Board and before various Arbitral Tribunals.
Before joining Shardul Amarchand Mangaldas he was working independently as an Advocate at the Bombay High Court, prior to which he had worked with Khaitan & Co., Advocates and Solicitors, Mumbai. He has an undergraduate degree in law from the National Law School of India University, Bangalore, and a post graduate degree in law from The George Washington University Law School, Washington D.C where he was a Thomas Buergenthal Scholar.
Ameya has been involved in some very important and large stake litigations before various Courts/ Tribunals in the country. He represented Nestle India Ltd. before the Bombay High Court to challenge the ban imposed on Maggi Noodles imposed by the FSSAI.
Crawford Bayley & Co.
Bhumika Batra is a Partner at the Mumbai office of Crawford Bayley & Co. She is a member of Bar Council of Maharashtra & Goa, The Institute of Company Secretaries of India and a Recipient of scholarship from London School of Economics for Masters in Law.
He has assited in the publications Company Law Ready Reckoner -2014, Transfer and Transmission of Shares – A treatise - 2005, Asia Business Law Journal- 2007.
She is on the board of directors of many companies like GFR Geschlossene Fonds Restrukturierung GmbH & Co. KG, Germany,Team Relocations, Team Relocations India Private Limited, Hinduja Leyland Finance Limited, Sharp India Limited and Braj Binani Group companies.
Shardul Amarchand Mangaldas
Meghna Rajadhyaksha focuses on commercial litigation and dispute resolution, including arbitration and general advisory matters. Her experience includes representation of major national and international corporations before various Courts and judicial authorities in India, as well as advisory work in relation to a range of laws including food safety, arbitration, company law and consumer matters.
Meghna has acted in several major disputes including proceedings initiated by Nestle India Limited against a ban on a popular food product; by Severn Trent Incorporated against a joint venture partner in India; and by McCormick Incorporated against its Indian supplier.
Plot No. 34/21, Central Road, MIDC, Andheri East, Mumbai
022 6688 0909
Registration Fees: INR 8500 + 15% Service Tax per Delegate
Avail 10% early bird discount on 2 or more registrations till 17th Feb
Note: The fees would include Course Material, Participation Certificate and Lunch & Refreshments at the Hotel
Modes of Payment and Registration
Online Registrations through Credit/Debit Card : Click Here
For Offline registration through Cheque/DD/ and NEFT: Please contact the below mentioned:
Mob No: 8130826342