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top corporate law firm in gurugram Tag

Best and Experienced Lawyers online in India > Posts tagged "top corporate law firm in gurugram" (Page 2)

Top Five Legal Challenges faced by Platforms giving Share Trading Advice & Tips | Corporate Attorney for Stock Brokers in Delhi NCR | Corporate Lawyer for Stock Brokers in Delhi NCR |

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Top Five Legal Challenges Faced by Online Hotel Aggregators in India: Lawyers Advice

Over the years, the ease of accessibility to the internet has allowed various industries to make their businesses available to an increasingly larger pool of people. The online Hotel Aggregator industry is one such industry and has grown leaps and bounds in the last decade. Major players in the industry saw this opportunity and launched in India as well. However, this large growth in the industry has also brought to light various issues focusing on the on-going practices and trends in the industry. Some of the major legal challenges that are being faced by the online hotel aggregator industry are...

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Top Five Legal Challenges Faced by Online Fruits & Vegetable Vendors in India: Lawyers Advice

While a majority of the country’s population may purchase fruits and vegetables from the markets such as the street market or grocery stores, a large part of the Indian population has started purchasing fruits and vegetables from online vendors due to easy access to the internet and its convenience. This new format of selling fruits and vegetables has allowed the consumer to receive products of certified superior quality as well as pre-cut if they desire. Additionally, consumers receive the products are their convenience rather than having physically go to the market, thereby allowing them to save a lot of time....

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Legal Remedies available from Personal Guarantors to Corporate Debtors under the Individual Insolvency Process: Lawyers Advice

While the Insolvency and Bankruptcy Code, 2016 is just a couple of years old, the IBBI has commenced the individual insolvency process under the IBC as well. The Chairman of the IBBI, Ms Sahoo stated that this process has been categorised into three categories which are – Personal guarantors to corporate debtors, Proprietary and partnership firms, The rest of the individuals. By a notification dated 15 November, 2019 as of 1 December, 2019 the Central Government has brought into effect Part III of the IBC, 2016. This article aims to examine the effect of insolvency proceedings of personal guarantors to...

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Laws & Legal Procedure for Voluntary Liquidation of One Person Companies (OPC): Lawyers Advice

The Insolvency and Bankruptcy Code, 2016 not only enables the insolvency proceedings of the insolvents but also contains provisions for solvent entities that want to themselves surrender their and refrain from carrying on their business. This article deals with the legal procedure for such voluntary winding up/liquidation of One Person Companies under the IBC. Governing Laws & Statutes – The Companies Act, 2013 – As per Section 2(62) of the Act, a one-person company is defined as a company which has only one person as member. The Insolvency and Bankruptcy Code, 2016 – • Section 59...

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Initiation of Insolvency Proceedings by Sole Proprietorships under the Insolvency & Bankruptcy Code (IBC) of 2016: Lawyers Advice

The recent conflicting decisions of various benches of the NCLT in India have created ambiguity and confusion as to whether sole proprietorships are covered under Section 3 (23) of the IBC as “persons”, a derivative which determines if they can initiate insolvency proceedings. Hence, this article seeks to examine and elaborate on the same. Sole proprietorship is a form of a business organisation which is owned and managed by one person. These firms aren’t regulated under any one law, thereby making them one of the simplest in terms of registrations and compliances. The Insolvency and Bankruptcy Code, 2016 – •...

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Laws & Legal Procedure for Unregistered Partnership Firms to File for Voluntary Winding-Up: Lawyers Advice

Unlike English Law where registration of partnerships firms is compulsory and a penalty is imposed upon registration, the Indian Partnership Act, 1932 doesn’t make registration compulsory. However, the legal effects of registration and non-registration vary. This article seeks to examine the legal procedure for unregistered partnerships firms to file for voluntary insolvency under the IBC. Before elaborating on the procedures and options available to unregistered partnership firms, it is crucial to analyse the governing statues and the respective sections for a better understanding. They are as follows – The Companies Act, 2013 – Sections 375-378 deal with winding up of...

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Top Five Legal Challenges Faced by Online Courier and E-Commerce Shipping Aggregators in India: Lawyers Advice

Online Courier services as well as E-commerce shipping aggregators have over the years become favorites amongst the consumers and sellers. These are some of the few businesses that have benefitted from the ongoing pandemic due to their ease of use and need for social distancing due to which people prefer not to move out of the house. They have also received a massive boost due to the increased level of internet penetration, accessibility to smart phones as well as the digitization of services. However, like any industry, this industry too faces certain challenges and they are as follows: Lack of Clarity:...

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Laws & Legal Procedure for a Sole Proprietorship Firm go ahead with Voluntary Filing of Application for Insolvency and Bankruptcy: Lawyers Advice

The Insolvency and Bankruptcy Code, 2016 has been revolutionary for consolidating and bringing forth a single law that governs insolvency and bankruptcy matters. It is segmented differently for the two categories, namely corporates, and individuals and firms. As regards filing of an application by a Sole Proprietorship for its insolvency and bankruptcy is concerned, it can do so by following the provisions laid down in Chapter III of Part III of the Code. It will come under ‘individuals’ since a sole proprietorship is not considered to have a separate legal entity. The same was emphasised in Miraj Marketing Corporation V....

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Laws & Legal Procedure for a One Person Company (OPC) to file for Insolvency and Bankruptcy: Lawyers Advice

The concept of a One Person Company (OPC) is such whose inclusion in the Companies Act, 2013, revolutionized the Corporate field. Section 2(62) of the Act describes it as a company that has only one person as its member. One of its most advantageous aspects lies in terms of the liability, which is limited. The flexible nature of an OPC is why entrepreneurs in their early-stage prefer it over Sole Proprietorship. OPC has been described as a Private Company in section 3(1)(c) of the Companies Act, 2013. And matters relating to insolvency and bankruptcy of such companies are governed by...

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