India: Shareholders

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Article
Supreme Court Holds Non-Signatory Shareholder A 'Veritable Party' Where Share Transfer Was Integral To Composite Transaction
In KKH Finvest Pvt. Ltd. & Anr. v. Ashiesh Shukla & Ors., the Supreme Court considered whether a shareholder who had not signed a Memorandum of Settlement containing an arbitration agreement could nevertheless be treated as a "veritable party" to that agreement and be referred to arbitration. The Court held that the absence of a signature was not determinative where the surrounding contractual framework and the non-signatory's performance demonstrated an intention to participate in, and be bound by, the composite transaction.
India Litigation
Trinity Chambers
Article
Supreme Court - Non-Signatory To An Arbitration Agreement May Be A “Veritable Party” In Arbitral Proceedings
Argus Partners maintains offices in Mumbai, New Delhi, and Bengaluru, providing legal services across India's major business centers. The firm operates under strict Bar Council of India regulations that prohibit solicitation and advertising, with this website serving purely informational purposes. Users must acknowledge that no attorney-client relationship is created through website access and should seek independent legal advice for specific matters.
India Litigation
AP
Argus Partners
Article
Tribunal Accords Strict Interpretation To Section 2(41A) To Deny Tax Neutrality To Demerger Where Shares Are Issued By The “holding Company” Instead Of The Company To Whom The Undertaking Is Demerged; Denies Carry Forward Of Losses Under Section 72A Of The Income Tax Act, 1961
Corporate demergers have long served as an effective mechanism for business reorganisation, enabling companies to segregate business verticals, streamline operations and facilitate strategic investments in a tax-efficient manner. It is not uncommon for group restructurings to involve transfer of an undertaking to a wholly owned subsidiary (“WOS”) while the consideration is discharged through issuance of shares by its holding company—a structure that has, on several occasions, received approval under the Companies Act, 2013.
India Commercial
VA
Vaish Associates Advocates
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