Author Archive for: vishesh
Entries by Staff Publication
NBFCs in troubled waters as Madras Court Bench rules in favour of RBI
The latest judgement by the Madras HC as on 22nd April, 2019 has set aside an earlier single judge order in January this year, and ruled in favour of RBI. RBI argued that there was an appeal remedy available and the companies instead of filing writ petitions with the court could have approached the appellate […]
2019 Securitisation volumes in India reach record high
By Falak Dutta (finserv@vinodkothari.com) Up, Up & Above! Yet another year went by and Indian securitization market certainly had a year to rejoice. Starting from the volume of transactions to innovative structures, the market has everything to boast about. Before we discuss each of these at length, let us take stock of the highlights first: […]
Concerns on Going Concern: Proposed amendments in Liquidation Regulations need relook
– Vinod Kothari The possibility of going concern sales in liquidations, visualised by Adjudicating Authorities in several early cases, got a regulatory recognition vide IBBI (Liquidation Process) (Second Amendment) Regulations, 2018. Since then, there has been a lot of work on how exactly will going concern sale work in liquidation. Our previous write- ups […]
Anomaly relating to much awaited e-form DPT-3
By CS Smriti Wadehra | corplaw@vinodkothari.com Introduction MCA on January 22, 2019 had issued a Notification[1] prescribing certain amendments in the Companies (Acceptance of Deposits) Rules, 2014 (‘Rules’) requiring every company (except government companies) to file: a return of deposit; particulars of transaction not considered as deposit; or both It is a one-time filing […]
Understanding ACTIVE and its difficulties
Dibisha Mishra (dibisha@vinodkothari.com) (corplaw@vinodkothari.com) Ministry of Corporate Affairs (‘MCA’) vide its notification dated 21st February, 2019 brought the Companies (Incorporation) Amendment Rules, 2019 which shall be effective from 25th February, 2019. The aforesaid amendment mandated every company incorporated on or before the 31st December, 2017 to file e-form ACTIVE (Active Company Tagging Identities and […]