CORL301 | Corporate Law I

Course description

This course broadly deals with (Indian) corporate law. It deals with the world of corporate entities and is focused upon their:

·   foundation,

·    formation,

·    finance; and

·    governance.

Together with corporate law 2, which is scheduled in the next term, this course aims to cover a broad range of issues in corporate law. This is a core course mandated by the Bar Council of India. The methodology adopted for the course builds upon at least two foundation courses – jurisprudence and legal methods.

The approach of the course is that of a synthesis between theory (jurisprudence) and practice. In terms of jurisprudence, the methodology adopted for the purposes of this course is that of an amalgamation of ‘exclusive legal positivism’ and ‘law and economics’.

The choice of materials is largely statutory. Case laws and secondary readings are identified below. The statutory materials include:

·         the Companies Act 2013,

·         the Securities Contract Regulation Act 1956, and

·         the Securities and Exchange Board of India Act 1992.

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. Note that certain case laws may deal with the (now repealed) Companies Act 1956. 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 reading foundational materials in first few weeks followed by advanced readings.