India: Corporate and Company Law

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Article
Bar On Extension Of Insurance Cover Without Premium: The Supreme Court On The "Statutory Embargo" Under Section 64VB In New India Assurance Co. Ltd. Vs. Louis Dreyfus Commodities India Pvt. Ltd.
The Supreme Court, in the case of New India Assurance Co. Ltd. & Ors. vs. M/s Louis Dreyfus Commodities India Pvt. Ltd. (2026 INSC 876) ('New India Assurance vs. Louis Dreyfus'), has held that where an insurance policy covers turnover on a running annual basis, the insurer cannot be held liable for a loss that occurs after the insured's actual turnover has exceeded the turnover for which premium has already been paid, even where the policy itself is expressed as an annual turnover based cover.
India Insurance
KS
King, Stubb & Kasiva
Article
Protecting Silicon Innovation: What India's Semiconductor IC Layout-Design Numbers Mean For Indian Companies
India’s semiconductor ambitions are usually discussed in terms of fabs, packaging units, and PLI-linked investment. Less visible, but equally important for companies actually designing chips, is the legal regime that protects the layout itself — the specific arrangement of transistors, interconnects, and circuit elements that makes a chip work and that took months (or years) of design effort to create.
India IP
SR
S.S. Rana & Co. Advocates
Article
India-UK CETA: Simplifying Origin, Strengthening Compliance
The India-UK Comprehensive Economic and Trade Agreement (‘CETA’), signed on 24.07.2025, marks an important step towards a more modern, efficient and trusted framework for bilateral trade. For Indian importers, one of its most significant innovations is the transition from authority-issued certificates of origin to exporter or producer self-certification. This shift is a welcome development for industry, as it places greater reliance on commercial documentation, supports faster trade flows and aligns origin procedures with contemporary supply-chain practices.
India International
LS
Lakshmikumaran & Sridharan
Article
Setting Up A Global Capability Centre In India: Key Corporate Law Considerations
India's Global Capability Centre (GCC) story has changed a great deal in recent years. What began as a way to move routine back-office and support work to India has grown into something far more strategic. GCCs today work on artificial intelligence, cybersecurity, engineering, product development, research and development, finance and analytics and increasingly sit at the heart of their parent companies' global operations.
India Commercial
LegaLogic
Article
CCPS In India: Why Compulsorily Convertible Preference Shares Remain Central To Venture Capital And M&A Transactions
Compulsorily Convertible Preference Shares (CCPS) remain one of the most widely used instruments for venture capital and private equity investments in Indian companies. Their appeal lies in the ability to combine equity classification with negotiated economic and governance protections. But CCPS are not governed by a single, standalone statutory framework. Their legal treatment is instead shaped by the Companies Act, FEMA and foreign investment rules, tax law, and, where applicable, SEBI regulations.
India Commercial
KS
King, Stubb & Kasiva
Article
The Backdoor IPO Returns: Reverse Mergers And The New Route To Listing In India
For decades, the route from private enterprise to the public markets in India has followed a familiar script: an initial public offering, backed by diligence and disclosure, tested through price discovery and completed through admission to trading. That remains the conventional path, and for businesses seeking substantial primary capital and independent price discovery, it is often the right one but it is not the only one.
India Commercial
LegaLogic
Article
GCC Operational Playbook: Mitigating Regulatory And Compliance Risks In India
India's global capability centres have evolved from cost-cutting operations into strategic hubs for technology, research, and analytics. Foreign investors establishing GCCs must navigate a complex intersection of company law, foreign exchange regulations, tax compliance, labour requirements, intellectual property protection, and data privacy obligations. Understanding how these legal frameworks interact is essential for building sustainable operations and avoiding costly regulatory missteps.
India Commercial
LS
Lakshmikumaran & Sridharan
Article
Structuring For Success: Regulatory And Tax Considerations In Indian M&A
India's M&A market has reached unprecedented scale and complexity, with Q2 2026 recording USD 27.9 billion in transactions. As deal values surge and cross-border structures proliferate, the interplay between regulatory compliance, tax optimization, and transaction structuring has become critical to execution certainty and value preservation. How should deal teams navigate the expanded fast-track merger regime, tightened antitrust scrutiny, the new Income Tax Act 2025
India Commercial
LS
Lakshmikumaran & Sridharan
Article
Drafting For An Exit That May Fail
An exit clause may look complete because it specifies a date, a return and a payment formula. It may nevertheless be unworkable if, when performance falls due, the proposed exit cannot lawfully be implemented or a third-party approval halts such exit that the documents do not adequately address. The problem is not confined to any particular instrument, way of drafting or transaction structure. Unless the documents identify and allocate those constraints when the exit is negotiated, structured investments, deferred consideration, earn-outs, put and call arrangements, third-party dependent exits and consent-dependent distributions can turn a promised commercial outcome into a performance dispute.
India Commercial
CP
Corporate Professionals
Article
No Sailing In Two Boats: Electing Remedy For Refund Strips A Home Buyer Of The Financial Creditor Tag
Argus Partners operates offices in three major Indian cities - Mumbai, New Delhi, and Bengaluru - providing legal services across the country. The firm maintains a professional presence with strategically located offices in key business districts including Nariman Point, Okhla Industrial Area, and Lavelle Road. Contact information and physical addresses are provided for each location to facilitate client communication and engagement.
India Commercial
AP
Argus Partners
Article
Taxability Of Corporate Guarantees Under GST Laws: Analysis Of The Recent Gujarat High Court Decision In Torrent Power Ltd. v Union Of India
The issue of taxability of corporate guarantees issued by a holding company to a financial institution for the benefit of its subsidiary company emerged as one of the most contentious issues in the Goods and Services Tax (GST) regime pursuant to the introduction of the levy in 2023. The controversy centers on a fundamental question: when a holding company furnishes a corporate guarantee, without charging any fee from its subsidiary company, to a bank to enable its subsidiary to secure credit facilities, does such activity constitute a taxable “supply of services” under the Central Goods and Services Tax Act, 2017 (CGST Act)?
India Tax
KC
Khaitan & Co LLP
Article
SEBI Clarifies Scope Of Regulation 62A: Transfer Of Unlisted NCDs Under A Business Transfer Arrangement Does Not Circumvent Listing Requirements
Securities and Exchange Board of India (SEBI) in its recent informal guidance dated 20 July 2026 (Informal Guidance), has clarified that Regulation 62A of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, as amended (LODR Regulations), applies to outstanding unlisted non-convertible debentures, which was are transferred to a debt listed entity pursuant to any corporate restructuring or business transfer.
India Finance
KC
Khaitan & Co LLP
Article
A New Route For CSR Deployment: ZCZP Instruments On The Social Stock Exchange
If your company is required to spend on Corporate Social Responsibility (“CSR”) under the Companies Act, 2013 (“Act”), a new and structured route is now available, effective from May 27, 2026. The Ministry of Corporate Affairs (“MCA”) has amended the Companies (Corporate Social Responsibility Policy) Rules, 2014 (“CSR Rules”) to permit companies to direct a portion of their CSR budget through the Social Stock Exchange (“SSE”) via Zero Coupon Zero Principal (“ZCZP”) instruments. This update is of direct relevance to compliance teams, CSR committees, company secretaries, and in-house counsel.
India Commercial
SR
S.S. Rana & Co. Advocates
Article
Supreme Court Affirms Piercing Of The Corporate Veil In CIRP
In a significant ruling dated May 5, 2026, the Supreme Court of India in Alpha Corp Development Private Limited v. Greater Noida Industrial Development Authority reinforced the legal principle that a corporate debtor’s subsidiaries may not always be treated as legally distinct entities during the Corporate Insolvency Resolution Process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”). The Court’s reasoning was anchored not only in established doctrine but also in a pointed evaluation of the conduct of a statutory authority that failed to engage with the CIRP process in any meaningful way.
India Insolvency
SR
S.S. Rana & Co. Advocates
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