Corporate & Commercial Law India | Company Law, IBC, SEBI, M&A | Nyayapanth
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Corporate & Commercial Law

9 Practice Areas

Comprehensive coverage of every major corporate and commercial law vertical in India — from formation to resolution.

01
Company · Governance

Company Law & Corporate Governance

Companies Act 2013 from incorporation to winding up — directors' duties under S.166, board composition, AGM, audit committee, related party transactions (S.188), and SEBI LODR governance codes.

Companies Act 2013 SEBI LODR Directors Duties CSR
02
Securities · SEBI

Securities Law & Capital Markets

SEBI's regulatory architecture — IPO regulations (ICDR), prohibition of insider trading (PIT), takeover code (SAST), listing obligations, enforcement actions, and SCORES mechanism.

SEBI ICDR PIT Regulations SAST Takeover IPO
03
Insolvency · IBC

Insolvency & Bankruptcy Code

IBC 2016 — CIRP process, liquidation, pre-packaged insolvency for MSMEs, personal insolvency, NCLT/NCLAT jurisprudence including Swiss Ribbons, Arcelormittal, Essar Steel and later decisions.

IBC 2016 CIRP NCLT / NCLAT Liquidation
04
M&A · Transactions

M&A & Contract Drafting

Mergers and acquisitions — due diligence, share purchase agreements (SPA), shareholders agreements (SHA), merger filings under Companies Act, Competition Act analysis, and commercial contract drafting.

Due Diligence SPA / SHA Competition Act MAC Clause
05
Compliance · Regulatory

Compliance & Regulatory Framework

FEMA and foreign investment regulations, Digital Personal Data Protection Act 2023, sector-specific frameworks — RBI, IRDAI, TRAI, CCI — and corporate compliance calendars.

DPDP Act 2023 RBI CCI IRDAI
06
Disputes · Arbitration

Corporate Litigation & Arbitration

Dispute resolution in corporate matters — NCLT/NCLAT proceedings, oppression and mismanagement, domestic and international arbitration under the Arbitration & Conciliation Act, commercial courts.

NCLT Proceedings Arbitration Commercial Courts S.241-242
07
Banking · Finance

Banking & Finance Law

RBI regulatory framework, Banking Regulation Act, SARFAESI Act recovery mechanisms, NPA management, priority sector lending norms, and digital banking / fintech regulations.

SARFAESI Act Banking Reg. Act NPA / DRT RBI Circulars
08
FEMA · FDI

FEMA & Foreign Investment

Foreign Exchange Management Act 1999, FDI Policy Circular 2024, overseas investment regulations under the OI Rules 2022, and cross-border transaction compliance including FCRA.

FEMA 1999 FDI Policy OI Rules 2022 FCRA
09
Capital Markets · IPO

IPOs & Public Offers

SEBI ICDR Regulations, DRHP process, book building, green shoe option, investor eligibility, allotment procedures, and post-issue compliance obligations for listed companies.

SEBI ICDR DRHP Book Building Listing
Quick Answers

Frequently Asked: Corporate Law India

Concise, authoritative answers to the most commonly searched questions on Indian corporate and commercial law.

What is the Companies Act 2013?

The Companies Act 2013 is the primary statute governing corporate entities in India, replacing the Companies Act 1956. It regulates incorporation, management, directors' duties, audit, CSR obligations, and winding up. Key additions include the concept of One Person Companies (OPC), mandatory Corporate Social Responsibility (S.135), and tighter governance norms via Audit Committees and Independent Directors.

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What is the CIRP process under IBC 2016?

The Corporate Insolvency Resolution Process (CIRP) under IBC 2016 is initiated before the NCLT by a financial or operational creditor, or by the corporate debtor itself. An Insolvency Professional is appointed, a moratorium is declared, a Committee of Creditors (CoC) is formed, and resolution plans are invited within 180 days (extendable to 330 days). If no viable plan is approved, the corporate debtor goes into liquidation.

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What does SEBI regulate in India?

SEBI (Securities and Exchange Board of India), established under the SEBI Act 1992, regulates India's securities markets. Its jurisdiction covers stock exchanges (NSE, BSE), listed companies, mutual funds, portfolio managers, brokers and investment advisors. Core regulations include SEBI LODR (listing obligations), PIT Regulations (insider trading), SAST (takeover code), and ICDR (issue of capital).

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What is the difference between FEMA and FERA?

FEMA (Foreign Exchange Management Act 1999) replaced FERA (Foreign Exchange Regulation Act 1973). FERA treated foreign exchange violations as criminal offences (burden of proof on accused), while FEMA treats them as civil contraventions adjudicated by an Enforcement Directorate officer. Criminal liability under FEMA arises only in PMLA-linked cases. FEMA reflects India's liberalisation-era approach — managing, not restricting, foreign exchange.

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What is insider trading under SEBI PIT Regulations?

Under SEBI (Prohibition of Insider Trading) Regulations 2015, an insider is any person connected with a listed company who possesses Unpublished Price Sensitive Information (UPSI). Trading in securities while in possession of UPSI is prohibited. Companies must maintain a structured digital database of persons with access to UPSI and enforce trading windows — periods during which insiders cannot trade.

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What is Corporate Social Responsibility under S.135?

Section 135 of the Companies Act 2013 mandates that companies with a net worth of ₹500 crore, turnover of ₹1000 crore, or net profit of ₹5 crore must constitute a CSR Committee and spend at least 2% of average net profits of the preceding three financial years on CSR activities listed in Schedule VII. Non-compliance is disclosed in the Board's Report and amounts must be transferred to specified funds.

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Statutes & Cases

Key Legislation & Landmark Cases

Organised by practice area — download bare acts, access annotated statutes and read landmark judgment summaries.

Latest

Updated Daily
Securities Law

SEBI's New Insider Trading Regulations: Key Amendments 2024

Analysis of recent SEBI amendments to PIT regulations and their implications for listed companies and designated persons.

IBC · NCLAT

Resolution Plans: Supreme Court's Stance on Timeline Extensions Beyond 330 Days

Analyzing the recent SC judgment on extension of resolution timelines and the judicial interpretation of S.12 IBC.

Company Law

Directors' Duties Under Section 166: A Contemporary Analysis

Examining the statutory and fiduciary obligations of directors in light of recent NCLAT decisions and corporate governance codes.

M&A · Drafting

SPA vs SHA: Key Drafting Considerations for Private Equity Deals

Distinguishing share purchase from shareholders agreements in PE transactions — representations, warranties, MAC clauses and governance rights.

DPDP Act 2023

Digital Personal Data Protection Act 2023: Corporate Compliance Roadmap

Understanding the obligations of Data Fiduciaries, Consent Manager framework, and proposed DPDP Rules 2025 for corporate entities.

Key Concepts

Corporate Law Glossary

Precise, exam-ready definitions of core terms in Indian corporate and commercial law.

CIRP
Corporate Insolvency Resolution Process

Time-bound process under IBC 2016 initiated before NCLT for resolution of corporate insolvency. Default period: 180 days (extendable to 330 days). Involves appointment of an Insolvency Professional, moratorium, CoC formation and resolution plan.

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UPSI
Unpublished Price Sensitive Information

Under SEBI PIT Regulations 2015 — any information not generally available which, upon publication, would materially affect the price of securities. Trading while in possession of UPSI by a connected person is an offence.

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OPC
One Person Company

A company with only one member, introduced under Companies Act 2013. The sole member also acts as the first director. OPCs can convert to private limited companies upon meeting prescribed thresholds of paid-up capital or turnover.

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SPA
Share Purchase Agreement

A contract between buyer and seller of shares, specifying price, representations and warranties, conditions precedent, indemnity provisions and closing mechanics. Central document in M&A transactions — distinct from a shareholders agreement (SHA).

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CoC
Committee of Creditors

Body of financial creditors constituted under IBC during CIRP. The CoC approves or rejects resolution plans by a vote of at least 66% in value. The CoC exercises commercial judgment subject to NCLT oversight.

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LODR
Listing Obligations and Disclosure Requirements

SEBI LODR Regulations 2015 govern the obligations of listed entities on recognised stock exchanges — covering periodic disclosures, corporate governance, related party transactions, and investor relations obligations.

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