CORPORATE LAW

Article by Muskan singh at lexcliq

 

CORPORATE LAW

Corporate laws are also known as buisness or company laws, which governs the functioning and conducts of any organization, protects rights of the organization and it’s employees, provide legal procedures for lawful proceedings, deals with the commercial laws of the enterprises.

Corporate laws basically talks about the matters related to any corporations like –

  • Mergers and acquisitions : Under the companies Acts the provisions cover legal procedures for entities or organizations who is acquired by any another organization or through merging procedures, if they mutually combine their buisness.
  • Corporate insolvency : When any company or organization fails to repay the debt amount to it’s creditors then,  that organization is declared as insolvent as per laws, it also deals with provisions related to bankruptcy. Under the provisions of the INSOLVENCY AND BANKRUPTCY CODE the legal procedures for insolvency or bankruptcy are covered.
  • Insiders trading : The trading related to any company’s stocks or other securities which is been leaked to another enemy entity. It could be any sort of information as well. The provisions for such offence is defined under The SEBI (Prohibition on Insider Trading) Regulation, 1992 for insider trading in any organization.
  • Consumer rights/ laws : The Consumer Protection Act, 2019 provides rules & regulations, notifications & Orders, circulars ordinance statutes for consumers rights. This provision safeguards rights of consumer under the provisions of above-mentioned laws.
  • Contracts : The provisions of Indian Contract Act ( ICA ) deals with the legalities of contracts between organizations. This includes new or old bonds, breaching of contracts, reimbursement and compensation clauses and other legal rules for lawful contracts.
  • Insurance laws : The Insurance Act, 1938 deals with the matters related to insurance policies of any organization. This law covers provisions for both the consumer rights and the organisational rights.
  • Partnerships laws : The partnership Act deals with the legal matters related to partnership matters of different entities or persons in any organization or transferring of proprietorship.
  • Employment laws : This provision covers laws which safeguards employees rights under Civil Right Laws, Family and Medical Leave Laws, Workers Compensation Laws, Labour Relations Laws, Workplace Safety Laws, Compensation and Child Labour Laws, Immigrant Employment Laws.
  • Immigration laws : This provisions under the Constitution of India, The Immigrants (Expulsion from Assam) Act and The Immigration (Carriers’ liability) Act, 2000.
  • Intellectual property rights : Under this provision a person’s intellectual rights are protected which includes – Patents of Any innovative idea or innovations or any such self owned thing, Trademarks for logo, names, etc. and Copyrights for Intellectual work.
  • Taxation laws,  governance, funding & financial laws, liability issues, law of torts, employees & investors rights are also protected under the provisions of corporate law i.e. company’s acts.
  • Ownership ( proprietorship ) laws :

  a). Sole proprietorship – if a person solely owns any company.

b). Joint ownership – if 2 or more persons hold the ownership of any company.

Most of the times, Corporate law deals with only commerical laws related to any buisness entities legal issues but sometimes this may also include financial laws as well, while dealing with financial legal battles of any organization or advising in financial legalities of any company.

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