Posts

Mastering Insolvency Proceedings for Individuals and Partnership Firms

  The Insolvency and Bankruptcy Code, 2016 (IBC) provides the legal foundation for insolvency and bankruptcy proceedings in India. It consolidates and modernizes laws dealing with financial distress across corporate entities, individuals, and partnership firms. For individuals and partnership firms, Part III of the IBC lays down a dedicated, time-bound mechanism to address insolvency, encourage orderly debt resolution, and ensure fairness between debtors and creditors. Scope and Applicability of Part III of the IBC Part III governs insolvency resolution and bankruptcy proceedings for individuals and partnership firms. It primarily applies to two distinct groups: 1. Personal Guarantors to Corporate Debtors These are individuals who have given personal guarantees for loans taken by corporate entities. Their insolvency proceedings are closely linked to the insolvency of the corporate debtor. 2. Other Individuals and Partnership Firms This category covers individuals and firms facing ...
Post a Comment
Read more

The Prevention Of Money-Laundering Act, 2002: A Comprehensive Analysis Of India’s Stance Against Financial Crime

   I. Introduction Money laundering is an illicit process of concealing the origins of illegally obtained money. It is a global scourge that undermines the integrity of financial systems and fuels organised crime, terrorism, corruption, and also distorts legitimate economic activities. It poses a grave threat to national security, economic stability, and the rule of law because it transcends into geographical boundaries through sophisticated financial networks. Recognising the severe ramifications of this transnational crime, India, as a responsible member of the international community, enacted the Prevention of Money-Laundering Act, 2002 (hereinafter referred to as "PMLA" or "the Act"). The PMLA came into force on 1st July, 2005 and represents a robust legislative framework designed to combat money laundering , confiscate assets derived from criminal activities, and provide for matters connected therewith or incidental thereto. The genesis of the PMLA can be trace...
Post a Comment
Read more

ESG Compliance in India: New Reporting Mandates

Image
  Introduction It is now a mandate in India for listed companies to measure, manage, and report ESG compliance, which has evolved from being a voluntary practice of managing ESG to now having a legally obligatory structured system. In 2025, the Securities and Exchange Board of India (SEBI) elevated ESG mandates by introducing the BRSR Core under the SEBI BRSR 2025 framework. ESG compliance refers to the practice of companies disclosing how they impact the environment, society, and governance in a transparent and accountable way, going beyond just financial performance. With India’s stricter reporting norms, businesses are now required to share standardised and verifiable data on aspects like carbon emissions, workplace diversity, ethical practices, and boardroom accountability. This shift not only enhances data accuracy and builds investor trust but also aligns Indian companies with global sustainability standards, making them more competitive and attractive to international stake...
Post a Comment
Read more