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CORPORATE LAW
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WHAT EXACTLY IS CORPORATE LAW?
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Corporate law( also
company s law or Corporations law ) regulates how
corporations, investors, shareholders, directors,
employees, creditors, and other stakeholders such as
consumers, the community, and the environment interact
with one another.
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WHAT IS THE ROLE OF A CORPORATE LAWYER?
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Primary Responsibilities.
Corporate lawyers' primary responsibility is to ensure that
their clients' business transactions are in compliance with
the law. The corporate lawyer must research the law
implicated by that transaction and advise his client of any
negative effects it might create. |
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WHAT TYPE OF WORK DOES A CORPORATE LAWYER
DO?
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Many
corporate lawyers work in law firms, particularly large or
mid-size firms, where they counsel clients and handle
business transactions including negotiation, drafting, and
review of contracts and other agreements associated with
the activities of the business, such as mergers,
acquisitions, and divestitures;
Corporate Law (corporations law, company law) deals with
the formation and operations of corporations and is
related to commercial and contract law. A corporation is a
legal entity created under the laws of the state it's
incorporated within. State laws, which vary from state to
state, regulate the creation, organization and dissolution
of their corporations. A corporation creates a legal or
"artificial person" or entity that has standing to sue and
be sued, enter into contracts, and perform other duties
necessary to maintain a business, separate from its
stockholders. |
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Corporations are taxable
entities, which shields the individual owners or
shareholders from personal liability for the liabilities
and debts of the corporation, with some limited exceptions
- such as unpaid taxes.
Corporations are often used in tax structuring, as they
are taxed at a lower rate than individuals. Until formally
dissolved, a corporation has perpetual life; the
termination or deaths of officials or stockholders does
not alter the corporate structure. States have
registration laws requiring corporations that incorporate
in other states to request permission to do in-state
business.
There are also federal laws relevant to corporations.
Corporations in certain industries are subject to federal
regulation and licensing, such as communications and
public transportation. The Securities Act of 1933, which
is federal law, regulates how corporate securities
(stocks, bonds, etc.) are issued and sold.
Corporate law professionals are trained in the legal
formation of corporations. These attorneys also construct
joint ventures, licensing arrangements, mergers,
acquisitions, and the countless other transactions entered
into by corporations. Other areas of practice include
business formations, securities law, venture capital
financing, business agreements, internal forms, and
business tax consultations.
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The most important Indian corporate laws
are as follows :
1) The
Companies Act, 1956:- An act to consolidate
and amend the law relating to companies and certain
other associations. The act was introduced on 18th
January, 1956.
2) Companies (Foreign Interests)
Act, 1918:- An act to take power to prohibit
the alteration of articles of association, which
restrict foreign interests in certain companies, but
with the sanction of the Government. The act was
introduced on 26th September 1918.
3) Company Law Board Regulations,
1991:- In this act all the powers conferred
by sub-section (6) of section 10 E of the Companies Act,
1956, the Company Law Board are included. The act was
introduced in the year 1991.
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4)
The Companies (Amendment) Act, 2006:- An act
for the further amendments in the Companies Act, 1956.
The changes included that no company shall appoint or
re-appoint any individual as director of the company
unless he has been allotted a director Identification
number under section 266B. The act was introduced on
29th May, 2006.
5) The Company Secretaries Act,
1980:- An act to make provision for the
regulation and development of the profession of Company
Secretaries. The act was introduced on 10th December
1980.
6) The Companies (Donations to
National Funds) Act, 1951:- An act to enable
companies to make donations to national funds. The act
was introduced on 17th October, 1951.
7) The Depositories Act, 1996:-
An act for regulation of depositories in securities. The
act was introduced on 12th August, 1992.
8) The Foreign Trade (Development
and Regulation) Act, 1992:- An act for the
development and regulation of foreign trade by
facilitating imports into, and augmenting exports from
India. The act was introduced on 7th August, 1992.
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9) The Hire-Purchase
Act, 1972:- An act to regulate the
hire-purchase transactions, for the protection to buyer of
the goods on hire-purchase, to control certain abuses in
the hire-purchase trading. The act was introduced on 8th
June, 1972.
10) Indian Contract Act, 1872:-
The act defines the term contract as an agreement
legally enforceable by law, for the formation of a
contract there must be an agreement, the agreement should
be enforceable by law. The act was introduced on 25 April
1872.
11) The National Securities And Depositories Limited :- Byelaws, 1996:- An act for the
implementation of the powers conferred under the
Depository Act, 1996, with the approval of Securities
Exchange Board of India (SEBI). The act was introduced on
15th October, 1996.
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12) The
Prevention of Money-Laundering Bill, 1999:- A
Bill to prevent money-laundering and for appropriation of
property derived from, or involved in, money-laundering. The
act was introduced on 23rd February, 1999.
13) Prevention of Money Laundering
Act, 2002:- An act to form the core of the legal
framework put in place by India to combat money laundering.
The act was introduced on 1st July, 2005.
14) Prevention of Money-Laundering
(Amendment) Act, 2005: An Act to amend the
Prevention of Money-Laundering Act, 2002. The act was
introduced on 21st May, 2005.
15) The Partnership Act, 1932:
An act to define and amend the law related to Partnership
and define partnership as An agreement between two or more
persons who have agreed to share profits of the business
carried on by all or any one of them acting upon all . The
act was introduced on 8th April, 1932.
16) The Securities Contract
(Regulation) Act, 1956: An act to prevent
undesirable transactions in securities by regulating the
business of dealing therein. The act came into force with
effect from 20th February 1957.
17) The Sick Industrial Companies Act,
1985: An act to make, in the public interest,
special provisions with a view to securing the timely
detection of sick and potentially sick companies owning
industrial undertakings, the speedy determination by a Board
of experts of the preventive, ameliorative, remedial and
other measures which need to be taken with respect to such
companies and the expeditious enforcement of the measures so
determined. The act was introduced on 8th January 1986.
18) The Sale of Goods Act, 1930:
An act to define and amend the law relating to the sale of
goods and it defines and amends the law relating to the sale
of goods. The act was introduced on 15th March 1930. |
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19) The Swadeshi
Cotton Mills Company Limited (Acquisition and Transfer of
Undertakings) Act, 1986: An act to provide
for the acquisition and transfer of certain textile
undertakings of the Swadeshi Cotton Mills Company Limited,
with a view to securing the proper management of such
undertakings so as to subserve the interests of the general
public by ensuring the continued manufacture, production and
distribution of different varieties of cloth and yarn. The
act was introduced on 30th May 1986.
20) The Tea Act, 1953: An
act to provide for the control by the Union of the tea
industry, including the control, in pursuance of the
International Agreement now in force, of the cultivation of
tea in, and of the export of tea from, India and for that
purpose to establish a Tea Board and Levy a duty of excise
on tea produced in India. The act was introduced on 28th May
1953.
21) The State Financial Corporation
Act, 1951: An act to provide for the
establishment of State Financial Corporations. The act was
introduced on 31st October, 1951. |
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22)
The State Financial Corporations (Amendment) Act, 2000:
An act further to amend the State Financial
Corporations Act, 1951. The act was introduced on 5th
September, 2000.
23) Special Economic Zones Act,
2005: An act to provide for the
establishment, development and management of the Special
Economic Zones for the promotion of exports. The act was
introduced on 23rd June 2005.
24) The Tea Companies (Acquisition
and Transfer of Sick Tea Units) Act, 1985: An
Act to provide for the acquisition and transfer of the
sick tea units specified in the First Schedule and the
right, title and interest of the tea companies in respect
of the said tea units with a view to securing proper
reorganization and management of such tea units so as to
subserve the interests of the general public by augmenting
the production and manufacture of different varieties of
tea which are essential to the needs of the economy of the
country. The act was introduced on 28th May 1985.
23)
Tyre-Corporation-of-India-Limited-(Disinvestment-of-Ownership)-Act-2007:
An Act to provide for disinvestment of
Government s equity in the Tyre Corporation of India
Limited. The act was introduced on 12th December, 2007.
24) The Securities and Exchange Board of India Act,
1992: An act to provide for the establishment
of a Board to protect the interests of investors in
securities and to promote the development of, and to
regulate, the securities market. The act was introduced on
4 April 1992.
25) Securities and Insurance Laws
(Amendment and Validation) Act, 2010:- An act
further to amend the Reserve Bank of India Act, 1934, the
Insurance Act, 1938, the Securities Contracts (Regulation)
Act, 1956 and the Securities and Exchange Board of India
Act, 1992. The act was introduced on 20th August 2010.
26) Securities Contracts
(Regulation) Amendment Act, 2007: An act
further to amend the Securities Contracts (Regulation)
Act, 1956. The act was introduced on 28th May 2007.
27) Securities Laws (Amendment) Act,
2004: An act further to amend the Securities
Contracts (Regulation) Act, 1956 and the Depositories Act,
1996. The act was introduced on 6th January 2005.
28) Securitization and
Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002: An Act to
regulate securitization and reconstruction of financial
assets and enforcement of security interest. The act was
introduced on 21st June 2002.
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