Resolution of Corporate Disputes, Non- compliances & Remedies
Company Secretary (CS) Professional Programme - Module 2, Paper 6
Resolution of Corporate Disputes, Non- compliances & Remedies:
RESOLUTION means a firm decision to do or not to do something.
Resolution of CORPORATE DISPUTES means process for resolving differences between two or more parties or groups. In business practice the resolution seeks to achieve fairness for all participants, and is often moderated by a third party. There is often a dispute resolution clause in contracts that defines how a disagreement is to be resolved.
NON-COMPLIANCE means failure to act in accordance with a wish or command.
REMEDIES means act of correcting an error.
As per new syllabus 2018, it is covered under Company Secretary (CS) Professional Programme in Module 2, Paper 6- RESOLUTION OF CORPORATE DISPUTES, NON- COMPLIANCES & REMEDIES.
- Level of Knowledge: Basic Knowledge
- Objective of ICSI: To acquire knowledge of various kinds of corporate disputes and non-compliances under various laws and their resolution and management
- Mode of examination: Written based. (Case Laws, Case Studies & Practical Aspects)
- 100 Marks Paper:
|Shareholders’ Democracy &Rights:
Law relating to Majority Powers and Minority Protection; Class action suits.
Oppression & Mismanagement- Law & Practice; Refusal of registration of transfer of securities & appeal against refusal; Wrongful withholding of property of company; corporate criminal liability.
|Fraud under Companies Act and IPC.|
|Misrepresentation & Malpractices:
Companies Act, 2013, RBI Act, SEBI Act, FEMA, COFEPOSA, Labour Laws; Prevention of Money Laundering Act; Malpractices under various other laws.
Enquiries; Inspection; Investigation; Search and Seizure; Arrest; Bail(ROC, RD,SFIO, Stock Exchange, SEBI, RBI, CCI, Labour Law Authorities, Income Tax Authorities, ED, CBI, Economic Offences Wing).
|Defaults, Adjudication, prosecutions and penalties under the Companies Act, Securities Laws, FEMA, COFEPOSA, Money Laundering, Competition Act, Labour Laws & Tax Laws.|
|Fines, Penalties and Punishments under various laws.|
|Civil and Criminal Trial Procedure and Process.|
|Relief and Remedies:
Compounding of offences under Companies Act, SEBI & FEMA; Mediation and Conciliation; Settlement and Proceeding (Consent order under SEBI law); Appeal against the order of Adjudicating officer, SAT, NCLT, NCLAT, Enforcement Directorate, IT Commissioner, GST Commissioner; Revision of order; Appearance before Quasi-judicial and other bodies- NCLT, NCLAT, SAT, SEBI, RD, ROC, RBI, CCI.
|Crisis management, Professional Liability, D&O Policy & other Risk and liability mitigation approaches.|