Proviso to Section 58(2) of the Companies Act, 2013 recognizes that “any contract or arrangement between two or more persons in respect to transfer of securities shall be enforceable as a contract”. Interestingly, this applies solely to public companies when the Articles of Association (AOA) doesn’t address such matters. This raises the question: Why isn’t… Continue reading “Shareholders Agreement (SHA): Public vs. Private Companies’ Dilemma & Ambiguity in Enforcement” 📜🔐
Category: Corporate Law
RPT Approval Process
There are three types of authorities in a Company through which the Related Party Transactions (RPTs) are required to be approved in India i.e. Audit Committee, Board of Directors and Shareholders. For identifying whether a particular transaction shall be required to be approved either by one or more of the above specified authorities, the professionals… Continue reading RPT Approval Process