Resolution of Corporate Disputes, Non-Compliances & Remedies

Paper Code: 
BCS 611
Credits: 
3
Contact Hours: 
45.00
Max. Marks: 
100.00
Objective: 

To acquire knowledge of various times of corporate disputes and non-compliance under various laws and their resolution and management.

9.00
Unit I: 

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.

 

 

13.00
Unit II: 

Fraud under Companies Act and IPC.

Misrepresentation & Malpractices : Companies Act, 2013, RBI Act, SEBI Act, FEMA, COFEPOSA, Labour Laws; Prevention of

Money Laundering Act; Malpractices under various other laws

 

9.00
Unit III: 

Regulatory Action : Enquiries; Inspection; Investigation; Search and Seizure; Arrest; Bail(ROC, RD,SFIO, Stock Exchange, SEBI,

RBI, CCI, Labour Law Authorities, Income Tax Authorities, ED, CBI, Economic Offences Wing).

 Defaults, Adjudication, prosecutions and penalties under the Companies Act, Securities Laws, FEMA, COFEPOSA, Money Laundering, Competition Act, Labour Laws & Tax Laws.

 

7.00
Unit IV: 

Fines, Penalties and Punishments under various laws.

Civil and Criminal Trial Procedure and Process

 

 

7.00
Unit V: 

Relief and Remedies :

Compounding of offences under Companies Act, SEBI & FEMA; Mediation and Conciliation; Settlement and  Proceeding (Consent order under SEBI law); Appeal against the order of Adjudicating officer, SAT, NCLT, NCLAT, Enforcement

Directorate, IT Commissioner, GST Commissioner; Revision of order; Appearance before Quasi-judicial and other bodies- NCLT,

NCLAT, SAT, SEBI, RD, ROC, RBI, CCI.

Crisis management, Professional Liability, D&O Policy & other Risk and liability mitigation approaches.

 

 

References: 

1. Study Material Published by ICSI

2. Scanner-Arun Kumar (Suchitra Prakashan (P) Ltd

 

Academic Year: 
2018-2019
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