Resolution of Corporate Disputes

Paper Code: 
BCS 511
Credits: 
3
Contact Hours: 
45.00
Max. Marks: 
100.00
Objective: 

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

BCS 511

Resolution of Corporate Disputes

CO 133: To gain a knowledge about shareholders democracy and rights and also various frauds under the companies act and the Indian penal code.

CO 134: Awareness about various regulatory actions that can be taken by various authorities like ROC, SEBI, Stock Exchange, CCI etc.

CO 135:To provide understanding about defaults and adjudication process under various laws applicable on companies

CO 136:Understand the concept of relief and remedies provided and the judicial and quasi judicial bodies and crisis management policies for the companies.

Approach in teaching:
Interactive Lectures, Discussion, Tutorials, Reading assignments, Interactive White Board, Incorporating technology in teaching
Learning activities for the students:
Self learning assignments, Effective questions

1. Evaluation of PPT's
2. Quizzes
3. CA Test
4. Assignments
5. End Term Test

 

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.

 

9.00
Unit II: 
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.,

 

9.00
Unit III: 
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

 

9.00
Unit IV: 
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 

 

9.00
Unit V: 
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

 

References: 
  • Study Material Published by ICSI
  • Scanner: Arun Kumar (ShuchitaPrakashans P Ltd)

 

 

Academic Year: 
2020-2021
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