Company Secretary

Kasba, Pune, Maharashtra

The first requirement when considering whether your insolvency appointments are compliant is to define what is meant by ‘compliance’. For Ladda and Associates this is simple – compliance means doing a good professional job. The insolvency Ethics Code covers all aspects of insolvency work, demanding a high standard of professional behaviour, and insolvency practitioners must comply with the Ethics Code at all times. Compliance is therefore much more than just ensuring that statutory deadlines are met or sending reports with the appropriate contents to the right people. Ladda and Associates peer reviews include all aspects of management and insolvency work and our advice is focused on ensuring sure that our insolvency clients are in as strong a position as possible regarding future regulatory visits. Interim Resolution Professionals We provide services to Financial Creditors, Operational Creditors and other stakeholders to act as IRPs for initiating and implementing Corporate Insolvency Resolution Process (‘CIRP’) as specified under the Insolvency & Bankruptcy Code, 2016.

The National Company Law Tribunal (NCLT) is a quasi-judicial body in India that adjudicates issues relating to Indian companies. The tribunal was established under the Companies Act 2013 and was constituted on 1 June 2016 by the government of India and is based on the recommendation of the Justice Eradi committee on law relating to insolvency and winding up of companies. All proceedings under the Companies Act, including proceedings relating to arbitration, compromise, arrangements and reconstruction and winding up of companies shall be disposed of by the National Company Law Tribunal. NCLT bench is chaired by a Judicial member who is supposed to be retired/Serving High Court Judge and a Technical member who is from Indian Corporate Law Service, ICLS Cadre. The National Company Law Tribunal is the adjudicating authority for insolvency resolution process of companies and limited liability partnerships under the Insolvency and Bankruptcy Code, 2016. civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal or the Appellate Tribunal is empowered to determine by or under this Act or any other law for the time being in force and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act or any other law for the time being in force, by the Tribunal or the Appellate Tribunal. The tribunal has twenty-seven benches, six at New Delhi (one being the principal bench) and two at Ahmedabad, one at Allahabad, one at Bengaluru, one at Chandigarh, two at Chennai, one at Guwahati, three at Hyderabad of which one is at Amaravathi, one at Jaipur, one at Kochi, one at Cuttack, two at Kolkata and five at Mumbai. Of the two new benches approved to be set up

The Preamble of the Securities and Exchange Board of India describes the basic functions of the Securities and Exchange Board of India as “…to protect the interests of investors in securities and to promote the development of, and to regulate the securities market and for matters connected there with or incidental there to”. SEBI has to be responsive to the needs of three groups, which constitute the market: issuers of securities investors market intermediaries SEBI has three functions rolled into one body: quasi-legislative, quasi-judicial and quasi-executive. It drafts regulations in its legislative capacity, it conducts investigation and enforcement action in its executive function and it passes rulings and orders in its judicial capacity. Though this makes it very powerful, there is an appeal process to create accountability. There is a Securities Appellate Tribunal which is a three-member tribunal. A second appeal lies directly to the Supreme Court. SEBI has taken a very proactive role in streamlining disclosure requirements to international standards Substantial acquisition and takeover. Preferential allotment and pricing guidelines. Price rigging, insider trading, price manipulation Advice on portfolio management services Brokers’ registration, multiple memberships. Appeals before securities appellate tribunal (sat) Preparation of a compliance obligation set listing out the various regulatory obligations as prescribed by SEBI.

Foreign exchange management act (fema) is the legislation which governs the foreign currency in india. The main aim of fema is to facilitate external trade, balance the payments, promote the orderly development, and maintain the foreign exchange market in india. One can invest in india – either under automatic route which does not require approval from rbi or under government route, which requires prior approval from the concerned ministries/departments via a single window – foreign investment facilitation portal (fifb) administered by the department of industrial policy & promotion (dipp), ministry of commerce and industry, government of india. A. Registration non banking financial companies (nbfc) registration full fledged money changer ( ffmc) registration assets reconstruction company (arc) registration b. Consultancy and compliances foreign direct inverstment (fdi) related consultancy and compllances odi related consultancy and compllances external commercial borrowing (ecb) related consultancy and compllances c. Compounding of fema compliances

The word ‘Company’ is an amalgamation of the Latin word ‘Com’ meaning “with or together” and ‘Pains’ meaning “bread”. Originally, it referred to a group of persons who took their meals together. A company is nothing but a group of persons who have come together or who have contributed money for some common person and who have incorporated themselves into a distinct legal entity in the form of a company for that purpose. Under Halsbury’s Laws of England, the term “company” has been defined as a collection of many individuals united into one body under special domination, having perpetual succession under an artificial form and vested by the policies of law with the capacity of acting in several respect as an individual, particularly for taking and granting of property, for contracting obligation and for suing and being sued, for enjoying privileges and immunities in common and exercising a variety of political rights, more or less extensive, according to the design of its institution or the powers upon it, either at the time of its creation or at any subsequent period of its existence. However, the Supreme Court of India has held in the case of State Trading Corporation of India v/s CTO that a company cannot have the status of a citizen under the Constitution of India. Company formation LLP formation Branch Office/ Liaison office Section 25 Company ( Non-profit organization) Joint Ventures Wholly Owned Subsidiaries Setting up of Business outside India Registration of business with Central/ State/ Local Authorities in India Search Reports of Companies Property Search Inspection and investigation Legal due diligences Winding up Closure of company under section 560 Cancellation of licenses and registrations

A license can be granted by a party to another party as an element of an agreement between those parties. A shorthand definition of a license is “an authorization to use licensed material.” In particular, a license may be issued by authorities, to allow an activity that would otherwise be forbidden. It may require paying a fee or proving a capability. The requirement may also serve to keep the authorities informed on a type of activity, and to give them the opportunity to set conditions and limitations. A licensor may grant a license under intellectual property laws to authorize a use (such as copying software or using a patented invention) to a licensee, sparing the licensee from a claim of infringement brought by the licensor. A license under intellectual property commonly has several components beyond the grant itself, including a term, territory, renewal provisions, and other limitations deemed vital to the licensor. Licensing is the term used for a transfer of rights from a trademark or patent owner (licensor) to a second entity (licensee) to produce goods or services bearing that trademark, or using that patent. Patent licensing is primarily in the arena of industrial production, and includes medicines, machinery, high-technology (e.g., the manufacture of aircraft), etc. Trademark licensing is a large and growing segment of the consumer marketplace, and is most prominently apparent in things like t-shirts with the logo of a popular movie, a Mickey Mouse watch, or sports apparel with your favorite teams. Trademark licensing also plays a large and growing role in business under the category of brand licensing.