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LAW RELATING TO COMPANIES, SECURITIES, INSOLVENCY AND BANKRUPTCY IN INDIA

By Prof. (Dr.) G. B. Reddy   |   English and Foreign Language University, Hyderabad (Host University)
Learners enrolled: 2183

Overview of the Course

A company is a legal entity incorporated for conducting business, and has an identity distinct from the individuals who have formed it. The Companies Act of 1956, which was replaced by the Companies Act of 2013, provides for this legal fiction. This distinct corporate identity that is bestowed upon a corporation at its inception is one of a kind. Due to an increase in the importance of adhering to rules of good governance in the corporate legal environment, Company Law has gained lot of significance. The purpose of corporate law goes much beyond ensuring that contracts are fulfilled, and it aims that the business benefits the public.  There are several distinguishing characteristics that become part of a company once it is incorporated, make it essential to closely regulate the company form of business in the interest of public.


The Securities are investment products representing small fractional interests or rights in a Company. Apart from the Companies Act, 2013 transactions in securities are regulated by three major legislations in India viz. Securities Contract (Regulation) Act, 1956, Securities and Exchange Board of India Act, 1992 and Depositories Act, 1996 form the legal framework for regulation of Investments and Securities in India.


The Insolvency and Bankruptcy Code has been enacted in 2016 to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons. It also aims to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of Government dues and establishes an Insolvency and Bankruptcy Board of India.


This course helps the learners in understanding the fundamental legal framework governing Companies, Securities and Investments, and Insolvency and Bankruptcy in India.



Course Coordinator

Prof. (Dr.) G. B. Reddy
Professor of Law, University College of Law, Osmania University, Hyderabad.
DPIIT IPR-Chair Professor, Osmania University, Hyderabad.



Course Experts

Prof. (Dr.) K. V. S. Sarma
Vice-Chancellor,
Maharashtra National Law University, Aurangabad (MNLU-A)

Prof. K. V. S. Sarma was appointed as a Vice Chancellor, Maharashtra National Law University, Aurangabad from 20th August, 2019 (Five years term). Prof. K.V.S. Sarma was born on 24th May, 1961 in Nagpur, Maharashtra State. Prof. Sarma obtained his B.Com. Degree from S.V. University in 1980, B.L. Degree from Sri Krishnadevaraya University in 1983 and M.L Degree from Andhra University in 1989. He secured “Rao Saheb Venkaiah Gold Medal” for securing highest marks in M.L from Andhra University. He secured Ph.D. Degree on “Consumer Protection Act- A Socio Legal Study” from Berhampur University in the year 2000. He enrolled as an Advocate on 11-11-1983 in the State Bar Council of Andhra Pradesh. He also practiced as an Advocate from 1983 to 1986 in Visakhapatnam. He started his teaching career from 17th April, 1989. He worked as a Lecturer in M.R.V.R.G.R. Law College, N.V.P. Law College, and P.R.R. Law College. He also worked as Registrar, NALSAR UNIVERSITY OF LAW, Hyderabad: i)17th July, 2008 to 25th July, 2011; ii) 20th March, 2012 to 27th February, 2013. He also worked as Visiting Faculty, P.G. College of Law, Osmania University from 1993 to 1999. He joined as an Assistant Professor in the NALSAR UNIVERSITY OF LAW, HYDERABAD in the year 1999. He became Associate Professor in the year 2000 and Professor of Law in the year 2005. He was the member of Academic Council, Executive Council, General Council and Planning Board of NALSAR UNIVERSITY OF LAW. He also worked as Chairman of P.G. Committee and also Post Graduate Research Committee.

He was a member-legal expert and also Vice Chairman Ethics Committee of NIZAM INSTITUE OF MEDICAL SCIENCES, HYDERABAD from 2009 to 2018. He was also nominated as a Legal Expert in Stem Cell Research Committee of NIZAM INSTITUTE OF MEDICAL SCIENCES, HYDERABAD. He received Best Teacher’s Award from the State Government of Telangana on 5th September, 2018. He was a member of Board of Studies in several Universities and Visiting Faculty in several National Level Institutions.

He is also associated with UPSC in different capacities. He also held “Consumer Law Chair Professor, Ministry of Consumer Affairs, New Delhi” in NALSAR UNIVERSITY OF LAW. He also held Convener, Common Law Entrance Test (Implementation Committee) from 2008 to 2013. He also initiated and started MBA course in NALSAR UNIVERSITY. He is also a Subject Expert in Selection Committees of various Universities for selecting Professors. He was nominated as a Presiding Arbitrator in a dispute between NTPC AND SINGARENI COLLIERIES LTD., (Disputed amount is Rs. Thirty Eight Crores). SEBI nominated him as a Panel Arbitrator in National Commodity and Derivative Exchange Ltd and also Multi Commodity Exchange (MCX). He was nominated as a Permanent Arbitrator by Water Health India Pvt., Ltd., (a Multinational Company) in all disputes between the company and various Panchayats in India.

He guided more than hundred LLM dissertations and three scholars secured PhDs under his guidance. He wrote a) Modern Law of Insurance in India, foreword was given by N.A. Palkiwala, Published by Lexis Nexis Butterworth India Ltd., b) Criminal Law, foreword was given by Justice B.P. Jeevan Reddy, Former Supreme Court Judge and former Chairman, Law Commission of India, Published by Lexis Nexis Butterworth India Ltd., c) Law of Contract Administration and Tender, foreword was given by Justice Madan B. Lokur, former Judge, Supreme Court of India, Published by Thomson Reuters Corporation.

He was also Chief Editor for Business Law Text Book, Published by Telugu Academy, State Government of Andhra Pradesh which is a prescribed text book for B.Com., and BBA students in Telangana and Andhra Pradesh States. 
He is also a Member of the Standing Committee of the Legal Education Committee of the Bar Council of India. He is a member of the Standing Committee on Research Methodology for Research Projects of the BPR& D (Bureau of Police Research & Development), Ministry of Home Affairs, Government of India.

Dr. P. Bhakara Mohan
Advocate at High Court of Telangana, Arbitrator, Conciliator
Former Judicial Member, National Company Law Tribunal

Dr.Poondla Bhaskara Mohan is Former Judicial Member of National Company Law Tribunal. He is qualified with M.Com., F.C.S., LL.M., Ph.D., in Law. He was enrolled as an Advocate on 26th September, 1986, and since then he is practicing as an Advocate in the High Court of Judicature, Hyderabad. Initially he was attached to the office of his Senior Advocate Sri Vallapureddi Rajagopal Reddy. Since then he has been extensively practicing in the Hon’ble High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh independently in all branches of law. His important areas of practice are Writs and Revisions under the Constitution of India, Company Law and other Corporate Laws, Service Law, various Civil and Criminal matters, Arbitration Law, Commercial Taxes, Law of Contract, Banking and other Commercial Laws in the High Court.

He is acting as an Arbitrator and Conciliator. During 1995–1998 he served the Government of India as an Additional Central Government Standing Counsel in the erstwhile High Court of Andhra Pradesh. Presently, he is Standing Counsel for BSNL and INDIAN BANK in the High Court. He also worked as Prosecution Counsel in two Court Martial Proceedings of Indian Army, trying charges of ‘Murder’ and ‘Falsification of Documents’.

He has been a Visiting Professor of Post Graduate College of Law, Osmania University, since 1991. He was associated with the International Centre for Alternative Dispute Resolution (ICADR) at Hyderabad in collaboration with NALSAR University of Law as a Founding Faculty Member since the year 2000 till the end of Academic Year 2015. He taught Arbitration & Commercial Laws at this Centre. He trained over 2500 students on simulation exercises on arbitration and conciliation. He is also associated with National Judicial Academy, NALSAR Law University, ICSI, ASCI, ESCI and like institutions. Several of his articles and cases argued were published in National and Regional Law Journals.

Dr. Raja Mogili Amirishetty
Company Secretary, Corporate Legal Advisor and Insolvency Professional
Chairman, ICSI Hyderabad Chapter

Dr Raja Mogili Amirisetty, is a practicing Company Secretary, Corporate Legal Advisor & Insolvency Professional. In career spanning over 35 years, he held prominent positions like member of Law Faculty at Osmania University, Company Secretary and Legal Advisor of State, Central Governments, Joint Sector and Multi-National Private Sector Companies. After rendering services in Corporate sector and teaching for over 35 years, superannuated on 31 August 2017 as Company Secretary and Vice President-Legal of a prestigious Tata Group Company. With academic excellence as Faculty of Law and versatile experience in industry as Company Secretary, Corporate Professional and Legal Head, attained stage of perfection in handling complex legal matters, gained confidence in evaluating and advising for resolution of complex issues.

Dr. Raja Mogili was considered as one of the best Lecturers throughout teaching career as member of Law Faculty - Osmania University, visiting faculty - Hyderabad Chapter of Institute of Company Secretaries of India, Institute of Chartered Accountants of India and Dr. Marri Chenna Reddy Human Resource Development Institute. Taught various subjects like Labour Laws, Constitution Law, Law of Contracts and Tax Laws etc., and delivered special lectures at various affiliated Law Colleges. Academic excellence prompted to contribute articles on matters of special importance and authoring books on State Policies.

With experience spanning over 35 years, acquired hands on knowledge in addressing complex matters of Compliances, Company Secretarial, Legal, Administration and Business Planning aspects across Governments, Public Sector and Private Sector organizations. Dr Raja Mogili handled many legal issues at Courts ranging from primary jurisdiction level to Honourable Supreme Court. Ensured 100% Compliance to the Laws with a principle of "Zero tolerance to non-compliance", which indicates his dedication for organisations wherever he worked.

During tenure with the then AP Textiles Development Corporation Ltd., strategized revival of the organisation by sale of loss making units/ non-performing assets, which indicates commitment to resource utilisation. He has authored several books, including Lectures on Insolvency and Bankruptcy code.

Teaching Assistant

Dr. S. B. Md. Irfan Ali Abbas
Visiting Faculty, University College of Law, Osmania University

Dr. Irfan is an Advocate at Hyderabad with more than 10 yrs of experience, and a Visiting Faculty at University College of Law at Osmania University, Symbiosis Law School, Hyderabad and NMIMS School of Law. His teaching areas include Alternative Dispute Resolution, Private International Law, Company Law, Professional Ethics, Jurisprudence and Intellectual Property Rights. He is an accredited Mediator of the Indian Institute of Arbitration and Mediation (IIAM) and has also done PG Diploma in ADR from ICADR, Hyderabad. He has done his Ph.D. in Law from Osmania University in the area of Online Dispute Resolution and was selected for ICSSR Doctoral Fellowship. He was Project Fellow (Law) in Centre for Advance Research and Training at Osmania University and also qualified UGC NET in Law. He has written 13 Articles and 6 Book Chapters, and also participated in several National and International Conferences in India and abroad.

Objectives of the Course

  • To understand the significance of company form of business and its legal regulation under Companies Act, 2013.
  • To understand the process of incorporation of a company, role of promoters and prospectus.
  • To study the circumstances compelling lifting of corporate veil.
  • To examine the rights and duties of Shareholders in a company.
  • To study the role of Directors in a company and understand their powers and duties.
  • To understand the nuances of company administration.
  • To study about company meetings, resolutions, audit and accounts.
  • To identify and understand the need for prevention of oppression and mismanagement by the majority in a company.
  • To study about the compromises, arrangements and amalgamations, mergers among companies.
  • To understand the different ways of winding up and dissolution of a company.
  • To study the law of investments and securities.
  • To understand the features and administration of Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Depositories Act,1996; Foreign Exchange Management Act, 1999 and Foreign Trade (Development and Regulation) Act, 1992.
  • To examine legal aspects of joint ventures and foreign collaborations in India.
  • To study the features of Collective Investment Schemes in India.
  • To understand the legal framework governing Non-Banking Financial Companies (NBFCs).
  • To examine the investment laws governing Multinational Corporations.
  • To study the law governing Insolvency and Bankruptcy in India under the Insolvency and Bankruptcy Code 2016.
  • To understand the legal aspects of insolvency resolution and liquidation for Corporate Persons.
  • To examine the insolvency and bankruptcy for individuals and Partnership 
  • To understand the regulation of Insolvency Professionals, Agencies and Information Utility.
  • To examine the Pre-Packaged Insolvency Resolution Process under the IBC.
  • To understand the offences and penalties under the IBC.
  • To examine the recent development in Corporate Law in India
Summary
Course Status : Ongoing
Course Type : Core
Duration : 12 weeks
Start Date : 25 Jul 2022
End Date : 31 Oct 2022
Exam Date :
Enrollment Ends : 15 Sep 2022
Category :
  • Law
Credit Points : 4
Level : Undergraduate

Page Visits



Course layout

Week 1:                 

  1. Company Administration
  2. Incorporation of a Company
  3. Promoters and lifting up of a Corporate Veil
  4. Corporate Securities and Classification of Companies
  5. Assignments

Week 2:

  1. Memorandum of Association and Alteration of Memorandum
  2. Articles of Association and Constructive Notice
  3. Prospectus
  4. Remedies for Misstatement in Prospectus
  5. Assignments

Week 3:

  1. Shareholder or Member of a Company 
  2. Share and Share Capital
  3. Alteration of Capital
  4. Directors: Appointment 
  5. Assignments

Week 4:

  1. Directors: Removal, Powers and Duties
  2. Company Meetings and Resolutions
  3. Audit and Accounts
  4. Inspection, Inquiry and Investigation
  5. Assignments

Week 5:

  1. Majority Powers and Minority Rights-Prevention of Oppression and Mismanagement
  2. Compromises, Arrangements and Amalgamations
  3. Mergers, Winding-Up and Dissolution
  4. Voluntary Winding-Up and Dissolution
  5. Assignments

Week 6:

  1. Introduction to the Law of Investments and Securities
  2. Kinds of Securities 
  3. Administration of Company Law in relation to Securities
  4. Securities Contracts (Regulation) Act, 1956 – Features and Administration
  5. Assignments

Week 7:

  1. Public Issue and Private Placement of Debentures and Securities 
  2. Securities Contracts (Regulation) Act, 1956 – Features and Administration
  3. Securities and Exchange Board of India Act, 1992 – Features and Administration
  4. Depositories Act, 1996 - Features and Administration
  5. Assignments

Week 8:

  1. Foreign Exchange Management Act, 1999 – Features and Administration
  2. Joint Ventures and Foreign Collaborations in India
  3. Collective Investment Schemes
  4. Non-Banking Financial Companies (NBFCs)
  5. Assignments

Week 9:

  1. Multinational Corporations - Investment
  2. Foreign Trade (Development and Regulation) Act, 1992
  3. Miscellaneous Issues – Investments and Securities
  4. Genesis of Insolvency and Bankruptcy Law
  5. Assignments

Week 10:

  1. Objectives and Scheme: IBC 2016  
  2. Salient Features and Challenges: IBC 2016 
  3. Insolvency Resolution and Liquidation for Corporate Persons 
  4. Pre-Packaged Insolvency Resolution Process (PPIRP)
  5. Assignments 

Week 11:

  1. Insolvency and Bankruptcy for individuals and Partnership Firms 
  2. Regulation of Insolvency Professionals, Agencies and Information Utility  
  3. Offences and Penalties: IBC 2016.  
  4. Latest Developments 
  5. Assignments

Books and references

  1. Avtar Singh, Company Law, Eastern Book Company (17th edn, 2018)
  2. A. Ramaiya, Guide to the Companies Act, Lexis Nexis (19th edn, 2020)
  3. G. K. Kapoor & Sanjay Dhamija, Company Law & Practice, Taxmann (25th edn, 2021)
  4. Brenda Hannigan, Company Law, Oxford University Press (6th edn, 2021)
  5. Sudhanshu Kumar & Alok Verma, Guide to Capital Market and Securities Law, Thomson Reuters (1st edn, 2021)
  6. N. S. Zad & Divya Bajpai, Securities Laws & Capital Markets, Taxmann (2nd edn, 2021)
  7. Raja Mogili Amirisetty, Lectures on Bankruptcy and Insolvency Laws, Asia Law House (2nd edn, 2021)
  8. Palmer, English Company Law, Sweet & Maxwell.
  9. Gover & Davies: Principles of Modern Company Law, Sweet & Maxwell.
  10. N. D. Kapoor, Elements of Company Law, Sultan Chand & Co. (2019)
  11. K. R. Chandratre, Law and Practice Relating to Oppression and Mismanagement, Bharat Publication (3rd edn, 2021)
  12. Company Law Journal (CLJ)
  13. SEBI and Corporate Laws, Taxmann
  14. Company Cases, EBC

Instructor bio

Prof. (Dr.) G. B. Reddy

English and Foreign Language University, Hyderabad (Host University)

Dr. G. B. Reddy is a lawyer turned academician. Studied B.A. (HPP), LL.B., and LL.M. (Constitutional Law) at Osmania University, and P.G .Diploma in Human Rights from University of Hyderabad. Obtained Ph.D.in Law from Osmania University in 1999 on the topic “Supreme Court and Judicial Activism – Its Contribution in Specific Areas of Constitutional Law after 1980”. His area of specialisation is Constitutional Law in LL.M. and Judicial Activism in Ph.D. He specialised in the area of Intellectual Property as an independent researcher, publisher and teacher.


He has secured three Gold Medals in LL.B. and one Gold Medal in LL.M. apart from being the first candidate to have qualified for UGC-JRF in Law from Osmania University in 1993.He practiced in the High Court of Andhra Pradesh for about seven years before joining the Faculty of Law, Osmania University. He authored 20 well received books on law including Women and Law, Intellectual Property Rights and Law, Copyright Law in India, Practical Advocacy of Law, Right to Information and Law and Judicial Activism in India. Two of his books namely Women and Law and Judicial Activism in India, have been reviewed favourably in the Book Review section of the Hindu by Justice V.R. Krishna Iyer. He also published more than 65 articles on law in standard national and international journals. He participated in National and International Seminars, Workshops and Conferences on Law and allied subjects and visited Japan, Malaysia, Singapore, South Korea and Thailand.


He has already offered 5 Swayam Courses on Human Rights, International Law and International Humanitarian Law; Intellectual Property Rights and Competition Law; Indian Judicial System: Legal Aid and Environmental Protection; Private International Law and Alternative Dispute Resolution; Legal Theory and Law Relating to Women; and more than 15000 students have taken the courses.


He holds the position of Director, PGRR Center for Distance Education, and was former Director of University Foreign Relations Office, Osmania University and was the founder Director of Legal Cell of the University. He was the former Dean, Faculty of Law; Head, Department of Law and Principal, University College of Law, at Osmania University. He was a member of General Council of NALSAR University of Law, Hyderabad (2011-2014), A.P. State Consumer Protection Council (2010-2013) and Hyderabad District Legal Services Authority by Government of A.P.  He is a Life Member of Indian Law Institute & Institute of Constitutional and Parliamentary Studies, New Delhi and American Studies Research Centre, (presently OUCIP). He is a member of Telangana State Legal Services Authority, Chairman, Ethics Committee of CDFD, Hyderabad, Member of Academic Council of NALSAR University. He is also the Dean, Faculty of Law of Mahatma Gandhi University, Nalgonda and Satavahana University, Karimnagar. He was also awarded the State Best Teacher Award by the Telangana State Government in 2021.

Course certificate

30% for In-course Assignments and 70% for End-Term Proctored Exam



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