CORPORATE LAW & CORPORATE GOVERNANCE

Corporate Governance is primarily is the study of power relations between the Board of Directors and those who elect them i.e. shareholders. It also concerns other stakeholders such as creditors, consumers, the environment and the community at large.

BALANCE OF POWER

The most important for Corporate Governance are those concerning  the balance of Power between the Board of Directors and the members of the company. Authority is given on delegated to the Board to manage the company for the success of the investors. Certain specific decision rights are often reserved for shareholders, where their interest could be fundamentally affected. There are necessary rules on when Directors can be removed from office and replaced.

CORPORATE PERSONALITY

One of the key legal features of corporations are their separate legal personality also known as being artificial persons. As artificial persons companies can act through human agents. Companies will normally be liable for all the act and omission of their officers and agents.

DIRECTOR’S DUTIES

A Corporate body can only act by agents and it is of course the duty of those agents to act as best to promote the interests of the corporation whose affairs they are conducting. Such agents have duties to discharge of a fiduciary nature towards their principal.

CORPORATE LITIGATION

Majority Rule

Members of the company have rights against each other and the company. Minority share holders usually have to accept that because of the limits of their voting rights, they cannot direct the over all control of the company and may accept the will of the majority. But general principle of majority rule have certain exceptions like :-  Where the majority share holders are exercising their votes to perpetrate a fraud on minority may sue with the permission of the court. Members always retain the right to sue if the majority acts to invade their personal rights. The minority can take a representative action in the name of the company where the company is controlled by the alleged wrongdoers.

Corporate Finance

Companies raised their capital by debt or equity.

Corporate Practice

We provide expert advice on many of the largest and most complex transactions – frequently with cross border perspective. The firm provides professional advice on corporate work ranging from general corporate advice, incorporation of company in India and abroad and corporate governance. We assist companies in their mergers and acquisitions establishing intellectual property protection schemes etc.