Corporate law is a study of legal and external affair matters, Merger and
Acquisitions (M&A) and how shareholders, stakeholders, consumers and other
parties involved in transaction interact with each other internally through
corporate governance and externally through commercial transaction.
Corporate lawyers could represent a corporation, a partnership association and
advise them of their legal rights and duties. Corporate lawyers could be working
for a medium or a large law firm or a regulatory body like SEBI, IRDAI or RBI.
Practicing Corporate Law:Compliance:
One of the branches of corporate law is Compliance. The lawyers who
specialize in this field ensure that there is compliance of rules by the
corporation. The lawyers can act as:
i. In-house Lawyer:
They are hired by the corporation’s law department
to take care of matters relating to employment, policies, taxes and regulatory
ii. Counselling of publicly and privately held companies:
corporate lawyer’s assists the corporation in matters related to issuance of
securities, advice on litigation matters and tax matters.
Corporate litigation: When a business is involved in litigation, it becomes
corporate litigation. The corporate lawyers who practice in this field take
measures to avoid litigation and also manage business disputes with another
The main corporate litigation categories are:
i. Deceptive or Fraud Practice: When any business adopts
fraudulent means to brand their products, or if there has been any misuse of
ii. Any employee or employer strife: Any conflicts due to poor health
or the right of the employee being attacked.
Banking and Finance:
One of the main practice areas in the corporate law is
Banking and Finance sector. The corporate lawyers in this field deal with Debt
Restructuring, Syndicate lending, Acquisition. The lawyers work in public or
private sector banks or financial companies.
International Capital Markets:
The Corporate lawyers in International capital
market advice on the issuance of debt securities and exchangeable bonds,
qualified institutional placements, covered bond programs, Initial Public
Offerings (IPO) and work closely with Banks and Venture Capitalist.
The real estate lawyers advice on the Real estate projects
undertaken by the companies. Also they give advice on the joint ventures and
Corporate laws in India:
In India, under the Companies Act 1956, which is the company law in India, all
companies have to register them under the Company Law Act.
There are various corporate laws in India of which some of the most important
ones are listed down below:
i. The Companies Act, 1956: An act to amend and consolidate the
laws relating to companies. It was introduced in 1956.
ii. Companies Act, 1918: Ac act to take power to prohibit the
alteration of articles of association which restricts foreign interests in
certain companies but with the sanction of the Government.
iii. Companies Act, 2006: This act was added for further amendments in
the Companies Act,1956. It states that no company shall appoint any individual
as a Director if that individual does not have Director Identification Number
(DIN) under section 266B.
iv. Competition Act of 2002: It promotes sustainable competition in
market and prohibits any anti-competitive business tactics.
v. Foreign Trade Act 1992: An act for the development and
regulations of foreign trade by facilitating imports into, and augmenting
exports from India.
vi. The Securities and Exchange Board of India Act, 1992: An act to
provide for the establishment of a Board to protect the interests of investors
in securities and to promote the development of, and to regulate, the securities