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Swayam

Company Law

via Swayam

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Overview

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ABOUT THE COURSE:A Company is the most important form of ownership of business in contemporary times. The operation of a modern economy is inconceivable without companies. The importance of companies is primarily due to the many distinct advantages it has over other forms of ownership of business. This course lays the framework for integrating the conceptual as well as experiential aspects of company law. While the emphasis is on basic principles of company law, the modules cover institutional administration, governance and adjudication under the Companies Act 2013.INTENDED AUDIENCE: UG and PG StudentsPREREQUISITES: Class XIIEnrolled or Completed any UG CourseINDUSTRY SUPPORT:All Companies registered under the Companies Act 2013Autonomous Public and Financial Institutions,Existing and aspiring entrepreneursOther BusinessesLawyersDispute Resolution Forums (NCLT/NCLAT)Judicial Services AspirantsHigher Education Professionals/Academicians

Syllabus

Week 1: Introduction to Company Law
  1. Rationale of Company Law
  2. Sources of Company Law
  3. History of Company Legislation in India
  4. Highlights of Companies Act 2013

Week 2:Characteristics of a Company
  1. Definition and Features of a Company
  2. Advantages and Disadvantages of a Company
  3. Theories of owner shielding and entity shielding
  4. Theories of corporate personality

Week 3:Legal Position of a Company
  1. Company and Rights
  2. Doctrine of lifting the corporate veil
  3. Case studies of lifting the corporate veil
  4. Statutory provisions for lifting the corporate veil

Week 4:Starting a Company
  1. Company or other business organizations? Comparison of key considerations
  2. Promoters
  3. Pre-incorporation Contracts
  4. Incorporation of Company and commencement of business

Week 5:Kinds of Companies
  1. Classification of Companies
  2. Mode of Incorporation, Liability, Ownership and Nationality
  3. Control, Access to Capital, Number of Members, Size and Other Companies
  4. Comparison of various companies
  5. New types of companies introduced under Companies Act 2013

Week 6:Company Constitution
  1. Memorandum of Association (MoA)
  2. Articles of Association (AoA)
  3. Doctrine of Ultra Vires
  4. Doctrine of Constructive Notice
  5. Doctrine of Indoor Management

Week 7:Prospectus and Shares
  1. Prospectus: Meaning, Kinds and Contents
  2. Civil and Criminal Liability for Mis-statement in Prospectus
  3. Shares: Meaning and Kinds
  4. Transfer of Shares

Week 8:Debentures and Dividends
  1. Meaning and Kinds of Debentures
  2. Issuance and Transfer of Debentures
  3. Kinds and Sources of Dividend
  4. Basic rules and principles for distribution of dividends

Week 9:Corporate Governance: Directors and Board
  1. Kinds, Legal Position and Powers of Directors
  2. Appointment, removal and qualification of Directors
  3. Duties and liability of Directors
  4. Key Managerial Personnel
  5. Corporate Social Responsibility (CSR)

Week 10:Corporate Governance: Meetings and Prevention of Oppression and Mismanagement
  1. Meetings: Kinds of meetings and procedure
  2. Role of meetings in regulation of relationship between directors and shareholders
  3. Majority and Minority Shareholders
  4. Oppression and Mismanagement

Week 11:Dispute Resolution
National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT)
  1. Purpose
  2. Constitutionality
  3. Jurisdiction
  4. Qualification, selection and removal of President/Chairperson and Members

Week 12:Winding Up
  1. Introduction to key concepts
  2. Legal Framework
  3. Corporate Insolvency Resolution Process
  4. Liquidation of Companies
  5. Case Studies

Taught by

Prof. Mohammad Nasir

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