EFFECT OF MEMORANDUM OF ASSOCIATION AND ARTICLES OF ASSOCIATION

INTRODUCTION Every entrepreneur looks forward to the first step in starting a business, which is giving it a legal identity by registering a company. Companies are governed by legal documents that spell out the dos and don'ts. The Memorandum of Association (MOA) and Articles of Association (AOA), also known as the company charter, define the... Continue Reading →

COMPANIES ( WINDING UP) RULES, 2020 AND ITS IMPACT ON NCLAT

INTRODUCTION A company's dissolution is the final stage of its existence. It is the process by which the company is terminated, i.e. the process by which its corporate existence ends and it is finally dissolved. A company can be wound up by a National Company Law Tribunal ("Tribunal") or by voluntary winding up, according to... Continue Reading →

EXECUTION OF BILLS OF EXCHANGE

INTRODUCTION A bill of exchange is a type of paper that entitles the holder to pay a certain amount of money to the debtor named in the document. The bill of exchange is both a means of payment and an instrument for making payment. The bill of exchange is typically a paper on orders, but... Continue Reading →

RED HERRING PROSPECTUS

INTRODUCTIONUnderstanding Red Herring prospectus necessitates first understanding the definition of prospectus. A "prospectus" is defined in Section 2(70)[3] of the Companies Act, 2013 as follows:"Prospectus" means any document described or issued as a prospectus, including a red herring prospectus referred to in section 32 or a shelf prospectus referred to in section 31, as well... Continue Reading →

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