To acquire knowledge of various times of corporate disputes and non-compliances under various laws and their resolution and management
CO 1: Appraise the knowledge about shareholders democracy and rights and also various frauds under the companies act and the Indian penal code.
CO 2: Awareness about various regulatory actions that can be taken by various authorities like ROC, SEBI, Stock Exchange, CCI etc.
CO 3: To provide an attribute about defaults and adjudication process under various laws applicable on companies
CO 4: Evaluate and analyze the concept of relief and remedies provided and the judicial and quasi judicial bodies and crisis management policies for the companies.
CO 5: To provide awareness about various malpractices and misrepresentations and their proceedings in civil and criminal courts.
Shareholders’ Democracy & Rights: Law relating to Majority Powers and Minority Protection;
Class action suits
Corporate Disputes: Oppression & Mismanagement – Law & Practice; Refusal of registration of transfer of securities & appeal against refusal; Wrongful withholding of property of company; corporate criminal liability.
Fraud under Companies Act and Indian Penal Code:
Introduction, Intention to Commit a Fraud, Unlawful Gain or Loss ,Criminal Breach of Trust.
Regulatory Action :Introduction , Investigation , Protection of Employees During Investigation , Freezing of Assets of Company, Imposition of Restrictions upon Securities Inspector’s Report, Voluntary Winding Up, Legal Advisers and Bankers not to Disclose, Penalty etc. , Preparation by CS to Face Investigation, Establishment of SFIO, Investigate into Affairs of a Company, Investigations Procedure by SEBI, Cease and Desist Proceedings, SEBI Regulations etc.,
Adjudication, Prosecutions, Offences and Penalties Introduction Penalties, Permission of the Special Court , Adjudication , The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 , Attachment, Adjudication and Confiscation under Prevention of Money Laundering Act (PMLA), 2002 , Summons, Searches and Seizures, Appellate Tribunal , Special Courts
Relief and Remedies :Compounding of Offences, Mediation and Conciliation ,Section 442, Settlement and Settlement Proceedings Content Order under SEBI Laws New Regulations SEBI (Settlement Proceedings) Regulations, 2018, Application, terms and procedure for Settlement , Summary Settlement Procedure ,Settlement with Confidentiality , Settlement Orders , Appeal Against Order, FEMA Rules, 2000 , Appearance before SAT etc.,
Crisis management, Professional Liability, D&O Policy & other Risk and liability mitigation approaches. Family Tree of Concepts Crisis Management, Professional Liability, D&O Policy, Other Risk Mitigation Approaches
Misrepresentation and Malpractices – Civil and Criminal Trial Procedure: Object of Trial, Criminal Proceeding vis-a-vis Civil Proceeding, Criminal Courts and powers and Civil Courts, Public Prosecutors and Company Prosecutors, Courts, Trial Procedure for Summon Cases, Trial Procedure before a Sessions Court, Wrongful Conviction / Erroneous Interpretations and Consequent Effects- A case study, Offences Relating to Perjury, Appeals under CRPC/ Case of Acquittal, Powers of the Appellate Court/ Supreme Court, Continuing Offences, Diverting Properties of the Company
. Study Material Published by ICSI
2. Scanner-Arun Kumar (SuchitraPrakashan (P) Ltd