OVERVIEW

Corporate law in India governs the formation, operation, and regulation of companies, primarily under the Companies Act, 2013, which sets out requirements for incorporation, share capital, corporate governance, board composition, director duties, and mandatory compliance filings with the Registrar of Companies. Companies may be incorporated as private limited, public limited, one-person companies, or Section 8 (non-profit) companies, each subject to differing compliance obligations regarding annual filings, board meetings, and statutory audits. Directors owe fiduciary duties to the company under Section 166 of the Act, including duties to act in good faith and avoid conflicts of interest, with penalties for non-compliance ranging from fines to disqualification.

Commercial contracts are governed by the Indian Contract Act, 1872, which sets out the essential elements of a valid agreement — offer, acceptance, consideration, and free consent — along with provisions on breach, damages, and specific performance under the Specific Relief Act, 1963. Businesses operating in India must also comply with tax obligations under the Central Goods and Services Tax Act, 2017, and applicable Income Tax Act, 1961 provisions, along with labour law compliance that varies depending on the number of employees and nature of the business. Corporate restructuring — including mergers, amalgamations, and demergers — is governed by Sections 230–240 of the Companies Act, 2013, and, where the transaction meets prescribed thresholds, requires approval under the Competition Act, 2002 to prevent anti-competitive combinations. Commercial disputes may be resolved through civil litigation, arbitration under the Arbitration and Conciliation Act, 1996, or before specialized Commercial Courts established under the Commercial Courts Act, 2015, which apply expedited procedures to disputes above a specified value.

WHAT WE HANDLE