RESOLUTION OF CORPORATE DISPUTES, NON-COMPLIANCES AND REMEDIES

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