Companies Act, 2013, do not define “amalgamation” and it has been expressed as the scheme of arrangement and merger in terms of section 230 and 232 of the Companies Act, 2013. However, section 2(1B) of the Income Tax Act defines amalgamation as merger between one or more companies with another company or the merger or … Continue reading Amalgamation: Insights from the Insolvency Lens
Haldiram Case: A Model for Corporate Restructuring
A compromise or arrangement under Sections 230–232 of the Companies Act, 2013 is a statutory mechanism that allows companies to reorganize their business by transferring parts of an undertaking, merging entities, or absorbing assets and liabilities. Courts approve the scheme, and once sanctioned, it becomes binding on all stakeholders. The recent NCLT Chandigarh Bench order … Continue reading Haldiram Case: A Model for Corporate Restructuring
Understanding Slump Sale vs Demerger: Key Tax Differences
A company can sell its assets and liabilities through slump sale. As per section 2(42C) of the Income Tax Act, "slump sale" means the transfer of one or more undertaking, by any means (“by any means” was substituted with “as result of sale” as per the Finance Act, 2021. In my opinion and understanding, it … Continue reading Understanding Slump Sale vs Demerger: Key Tax Differences
How Share Capital will be treated in case of Demerger b/w Listed Holding Company and its Subsidiary
As we have already discussed in our previous article about the basics of demerger so, in this article we will keep the scope limited to the treatment of share capital in the case of demerger. For any demerger transaction between holding and its wholly owned subsidiary it is mandatory to obtain a share valuation report … Continue reading How Share Capital will be treated in case of Demerger b/w Listed Holding Company and its Subsidiary
What is Demerger? Insights on Why Companies Opt for Demerger
When a company transfers its undertaking, properties and liabilities to one or more existing undertaking or new undertaking it is precisely known as Demerger. Interestingly, companies act no where defines or talks about the Merger or Amalgamation or Demerger, rather section 230 of the companies act, 2013 defines it as the compromise or arrangement between … Continue reading What is Demerger? Insights on Why Companies Opt for Demerger
Understanding Patents in India: A Comprehensive Guide
Guide to Patents in India What is a Patent? A patent is a government granted, exclusive right over an invention for a limited time. In India, a patent gives the owner also known as the “patentee” the right to stop others from making, using, selling or importing the patented product or process without permission. In return, the … Continue reading Understanding Patents in India: A Comprehensive Guide
Understanding Statement of Use in U.S. Trademark Law
Statement of Use (SOU) in US Trademark Law A Statement of Use or SOU is a formal declaration filed with the United States Patent and Trademark Office (USPTO) to show that you are actually using a trademark in U.S. commerce. It is only required when an application was filed on an intent-to-use basis Section 1(b) … Continue reading Understanding Statement of Use in U.S. Trademark Law
SAFE Notes Explained: A Simple Guide for Founders
When you’re raising money for your startup, everyone throws fancy terms at you, equity, debt, convertible notes, dilution. And then someone says, “Why not raise on a SAFE?” You nod politely, but deep down you’re thinking: What even is a SAFE? Don’t worry. By the end of this article, you’ll know exactly what a SAFE … Continue reading SAFE Notes Explained: A Simple Guide for Founders
Streamlining Commercial Litigation: The Winds of Change with Order XIII‑A
In today’s fast-paced business world, nobody wants to wait years for a legal dispute to be resolved. Yet, traditional civil litigation in India can be a long and drawn-out process, especially for commercial disputes that carry significant stakes. Recognizing this challenge, the judiciary and legislature had embraced various reforms designed to speed up the process. … Continue reading Streamlining Commercial Litigation: The Winds of Change with Order XIII‑A
Implications of Patent Agent Communication Failures in India
In W.P.(C)-IPD 7/2024-Waterotor Energy Technologies Inc. vs. Union of India and Anr. the Petitioner based in Canada had hired a first agent in Canada to file his patent application in India. First agent in Canada had hired a second agent in India to carry forward the application process in India. Petitioner’s application was considered abandoned … Continue reading Implications of Patent Agent Communication Failures in India
DUCTUS EDGE 