VirtuaLaw Blog

Critical Analysis of Indian Corporate Laws

Leniency Program under SEBI- Issues and Challenges

A leniency program is similar to the mechanism of Plea Bargaining whereby a person who gives information regarding any alleged violation of the law will be granted an immunity from being prosecuted for such offence or by reducing the quantum of penalty which would otherwise be imposed on such person. Under SEBI legal framework, there are certain criteria when such immunity can be granted and when it can not be granted. In this article, it will be analysed as to what is the program under SEBI, how it is implemented in US jurisdiction and the issues & challenges that will be faced in Indian scenario.
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Bhavya Sree Pasupuleti May 21
Insolvency Law
Vijay Sekar

Is Priority Rights not a Priority?

In a recent ruling of NCLAT, it was observed that in the event the Secured Creditor holding priority charge elects to relinquish its security interest then the priority status of such secured creditor is lost and shall rank equally with other Secured Creditors. The Author attempts to capture the existing position and the need for protection of priority rights inter-se Secured Creditors.
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Vijay Sekar May 6
Insolvency Law
Prakul Thadi

Prepacks for MSMEs

Download the presentation on Prepacks and watch the Video explaining the entire process of Prepacks as envisaged in the Ordinance.
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Prakul Thadi Apr 11
Insolvency Law
Prakul Thadi

Pre-packs & 29A

The Sub-Committee of ILC recommended retention of Sec. 29A for Pre-packs. The article recommends two key amendments, in light of this.
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Prakul Thadi Feb 28
Smart Contracts
Expert Articles
Sharath Chandra

Smart Contracts – The Future?

While still being in an infancy stage, the Smart Contracts show a lot of promise in their future applications and uses. Through this Article, the Author explains as to how the smart contracts can make way for execution of key contracts by businesses in the future.
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Sharath Chandra Sep 17
Image for article
Insolvency Law
Prakul Thadi

When there’s no wisdom, how come “Commercial Wisdom”?

An interesting case where the Adjudicating Authority made critical comments on the so-called Commercial Wisdom of the Committee of Creditors. It emphasised that the CoC has not at all applied its mind and that there was no element of wisdom displayed, leave alone the ‘commercial wisdom’…
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Prakul Thadi Aug 11

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