PAPER – 4: CORPORATE AND ECONOMIC LAWS (One paper - Three hours - 100 marks)
PART – I: CORPORATE LAWS (70 Marks) SECTION A: COMPANY LAW Objective: To acquire the ability to analyze, interpret and apply the provisions of the company law in practical situations Contents: 1. The Companies Act, 2013 and Rules framed thereunder in its entirety with specific reference to section 149 onwards: (i) Appointment and Qualifications of Directors (ii) Appointment and remuneration of Managerial Personnel (iii) Meetings of Board and its powers (iv) Inspection, inquiry and Investigation (v) Compromises, Arrangements and Amalgamations (vi) Prevention of Oppression and Mismanagement (vii) Winding Up (viii) Producer Companies (ix) Companies incorporated outside India (x) Miscellaneous Provisions (xi) Compounding of offences, Adjudication, Special Courts (xii) National Company Law Tribunal and Appellate Tribunal 2. Corporate Secretarial Practice :Drafting of Notices, Resolutions, Minutes and Reports Note: The provisions of the Companies Act, 1956 which are still in force would form part of the syllabus till the time their corresponding or new provisions of the Companies Act, 2013 are enforced.
SECTION B: SECURITIES LAWS Objective: To acquire the ability to analyse the significant provisions of select securities laws 1. The Securities Contract (Regulation) Act, 1956 and the Securities Contract (Regulation) Rules, 1957: Introduction and important provisions 2. The Securities Exchange Board of India Act, 1992, SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2009 and SEBI (Listing Obligations and Disclosure Requirement) RegulaNOtions, 2015
PART II: ECOMIC LAWS (30 MARKS)
Objective: To acquire the ability to analyse the significant provisions of select economic laws:
Contents: 1. The Foreign Exchange Management Act, 1999: Introduction, broad structure of FEMA, Definition, Regulation and Management of Foreign Exchange, Contraventions and Penalties in brief, miscellaneous provisions 2. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Important Definitions, Regulation of Securitisation and Reconstruction of Financial Assets of Banks and Financial Institutions, Enforcement of Security Interest, Offences and Penalties, Miscellaneous Matters 3. The Prevention of Money Laundering Act, 2002- Definitions, Punishment for the Offence of Money laundering, Obligation of Banking Companies, Financial Institutions and Intermediaries or a person carrying on a designated business or profession, Appellate Tribunal, Special Court, Procedure for Attachment and Confiscation of Property and Recovery of fines and penalties. 4. Foreign Contribution Regulation Act, 2010 : Definitions, Regulation of Foreign contribution and miscellaneous provisions 5. The Arbitration and Conciliation Act, 1996: General Provisions, Arbitration agreement, Tribunal, Conciliation 6. The Insolvency and Bankruptcy Code, 2016: Preliminary, Corporate insolvency resolution process, Liquidation process and other provisions.
Note: If new legislations are enacted in place of the existing legislations, the syllabus would include the corresponding provisions of such new legislations with effect from a date notified by the Institute. Similarly if any existing legislation ceases to have effect, the syllabus will accordingly exclude such legislation with effect from the date to be notified by the Institute. The specific inclusions/exclusions in the various topics covered in the syllabus will be effected every year by way of Study Guidelines, if required.