Protection against Age Discrimination
Legal Remedies
As there is no statutory provision in India addressing discrimination based on age, no penal provisions are prescribed for this offence. However, under common law, civil remedies can be sought for unfair discrimination relating to employment, termination, wages, remuneration, benefits, etc and not solely for age discrimination.
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Laws on Plastic Pollution
Plastic Waste Management
The Government of India is empowered under The Environment (Protection) Act, 1986 to regulate and issue notification from time to time, to protect and improve environment[4]. The Act provides for comprehensive definition of ‘environment’ which includes water, air and land and the inter- relationship which exists among and between water, air and land, and human beings.
Penalty for Delayed Payments
In terms of money
A commercial contract essentially involves three main things – Offer, Acceptance and Consideration (usually in terms of money). Every commercial contract will have its terms negotiated and agreed including the financial terms, in exchange for the goods and services provided and will clearly set out extent of liability in the event of default.
Legalization of Euthanasia
Introduction
Legalizing euthanasia also has concern on the type of euthanasia. There are said to be different classifications of euthanasia, they are as follows “voluntary, non-voluntary and involuntary”. These three are the said common classifications of Euthanasia. Voluntary euthanasia is that with reference to a person’s right to die. It speaks on a right of an individual to end their own life by their own wish.
Changes in Land Registration
Requirements
The Tamil Nadu Government has made significant amendments to address the issue of fraudulent registrations. With an aim to prevent irregularities in land registrations, certain procedures have been made mandatory from December 2012. As per the amendments made, it has been made “compulsory” to register the documents relating to.
Investing In India
Destination India
Indian economy is moving towards a free market system through liberalised investment policies, trade policies and fiscal reforms. This is being achieved through economic reforms aimed at making India an investment friendly destination. The Government of India provides several facilities and incentives for Non Resident Indians/Persons.
Frequently Asked Questions About Corporate Law
1. What are the different types of company structures available for incorporation in India?
The most common company structures in India are Private Limited Companies, Public Limited Companies, Limited Liability Partnerships (LLPs), and One Person Companies (OPCs). A Private Limited Company is the most preferred structure for startups and foreign subsidiaries due to its limited liability protection, ease of raising venture capital, and separate legal entity status under the Companies Act, 2013.
2. Can a foreign national or foreign company incorporate a subsidiary in India?
Yes, a foreign national or a foreign corporate entity can incorporate a wholly-owned subsidiary or a joint venture in India, subject to the Foreign Direct Investment (FDI) guidelines. However, to incorporate an Indian company, the law mandates that at least one of the appointed Directors must be a “Resident of India” (a person who has stayed in India for a total period of not less than 182 days in the previous financial year).
3. What is the minimum capital requirement to register a Private Limited Company in India?
There is currently no minimum paid-up capital requirement to register a Private Limited Company in India. Following amendments to the Companies Act, founders can incorporate a company with any nominal amount of authorized and paid-up capital, significantly lowering the barrier to entry for entrepreneurs and early-stage startups.
4. How does the Foreign Direct Investment (FDI) route work for foreign investors in India?
Foreign investors can invest in Indian companies through two primary routes: the Automatic Route and the Government Approval Route.
Under the Automatic Route, 100% FDI is permitted in most sectors without prior approval from the Reserve Bank of India (RBI) or the government. Conversely, investments in sensitive sectors like defense, telecommunications, or broadcasting require prior government clearance through the relevant ministries.
5. What are the mandatory annual compliance requirements for an Indian Private Limited Company?
An Indian Private Limited Company must adhere to strict annual compliances, including holding an Annual General Meeting (AGM), filing annual returns (Form MGT-7) and financial statements (Form AOC-4) with the Registrar of Companies (ROC), and conducting a statutory audit by a practicing Chartered Accountant. Failure to complete these filings on time results in heavy financial penalties and can lead to the disqualification of the company’s directors.
6. What is a Joint Venture (JV) and how is it legally structured in India?
A Joint Venture (JV) is a strategic business arrangement where two or more parties pool their resources to accomplish a specific task or establish a new business entity, commonly used by foreign companies entering the Indian market. In India, a JV can be structured as an Equity Joint Venture (by forming a new Private Limited Company or LLP) or a Contractual Joint Venture, governed by a detailed Joint Venture Agreement outlining profit sharing, IP ownership, and exit strategies.
7. What are the rules for Corporate Social Responsibility (CSR) applicability in India?
Under Section 135 of the Companies Act, CSR is mandatory for any Indian company with a net worth of ₹500 crore or more, a turnover of ₹1,000 crore or more, or a net profit of ₹5 crore or more during the immediately preceding financial year. Qualifying companies are legally required to spend at least 2% of their average net profits from the preceding three years on approved CSR activities, such as education, poverty alleviation, and environmental sustainability.
8. What is the legal process for Mergers and Acquisitions (M&A) in India?
The Mergers and Acquisitions (M&A) process in India involves drafting a Scheme of Arrangement, obtaining approval from the Board of Directors, shareholders, and creditors, and securing final sanction from the National Company Law Tribunal (NCLT). To expedite corporate restructuring, the Companies Act also provides a “Fast Track Merger” route under Section 233 specifically for mergers between small companies or between a holding company and its wholly-owned subsidiary, bypassing the lengthy NCLT process.
9. How can a company be legally closed or wound up in India?
A company in India can be legally closed through a Strike Off (Fast Track Exit) if it is inoperative and has no assets or liabilities, or through a formal Voluntary Liquidation process under the Insolvency and Bankruptcy Code (IBC). Voluntary Liquidation is a more complex procedure requiring the appointment of an Insolvency Professional, a declaration of solvency by the directors, and final dissolution orders from the NCLT.
10. What are the primary duties and liabilities of a Company Director under Indian law?
A Company Director in India is bound by fiduciary duties to act in good faith, promote the objects of the company, exercise due and reasonable care, and avoid any direct or indirect conflicts of interest. Directors can be held personally liable and face potential criminal charges for corporate fraud, severe tax defaults, bouncing of company cheques, or failing to comply with statutory filing requirements under the Companies Act.
