BCR302 | Corporate Law II

This course – scheduled in the term succeeding corporate law 1 – aims to cover a broad range of contemporary issues in (Indian) corporate law.

The course spotlights:

• Corporate insolvency law;

• Competition law; and

• Exchange control law

Recall that corporate law 1 (last term) had broadly covered issues related to foundation, formation, finance and governance (including directors’ duties). This means that corporate law 1 broadly captured the significant part of the life cycle of corporate entities.

This course builds upon the foundation of corporate law 1. This course deals with three sophisticated aspects in the domain of corporate law – insolvency, competition law and exchange control law. The rationale behind the choice of these aspects is set out below.

Firstly, whilst corporate insolvency law is increasingly important in the world of corporate entities, competition law and exchange control law constitute one of the most significant practical work undertaken by corporate lawyers.

This is a core course mandated by the Bar Council of India. The choice of materials is a mix of statutes, statutory instruments (i.e rules and regulations) case laws. A few secondary readings are recommended as optional materials.

The statutory materials include the enactments as set out below.

• Insolvency and Bankruptcy Code 2016,

• Competition Act 2002, and

• Foreign Exchange Management Act 2000

Note that the course will rely upon relevant statutory instruments (rules, regulations and circulars) issued in terms of these statutes.

The pedagogical method will consist of lectures and class participation based upon assigned readings.

The course deals with relevant case laws and current developments. Whilst it is not the primary focus of the course, wherever relevant, it compares the Indian legal regime with that of the US, the EU and the UK.

The layout of the course involves readings foundational materials in first few weeks followed by advanced readings.