India: Directors and Officers

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Article
When The Board Turns Against The Promoter: Who Really Controls The Company?
Imagine you founded a company. You built the business, put in the capital, took the risks and created the brand. Over time you brought in professional managers, appointed an independent Board and gave management real autonomy. Then one day you discover that the people running the company no longer share your view of its strategic direction or, more pointedly, of who should lead it.
India Commercial
KS
King, Stubb & Kasiva
Article
Supreme Court Quashes Criminal Case Filed Against Directors For A Civil Dispute Yogesh Premjibhai Suvariya & Anr. v. State Of Gujarat & Anr., 2026 INSC 1079
In a recent ruling, the Supreme Court of India has cautioned against using criminal law to recover money in what is essentially a commercial dispute. A Bench of Justices Ujjal Bhuyan and Atul S. Chandurkar quashed a criminal case for cheating against two company directors, holding that the complainant’s grievance was “essentially civil in nature” and that continuing the prosecution would be an abuse of the process of the court.
India Criminal
IL
IndiaLaw LLP
Article
When FCRA Meets Insolvency: Can Foreign-Funded Assets Form Part Of An Insolvency Estate Under The IBC?
The Insolvency and Bankruptcy Code, 2016 (“IBC”) seeks to facilitate the resolution of insolvency, maximise the value of a corporate debtor’s assets and balance the interests of stakeholders. A central aspect of this framework is the identification and preservation of assets available for resolution or liquidation. However, the position becomes more complex when a corporate debtor holds assets acquired using foreign contributions regulated under the Foreign Contribution (Regulation) Act, 2010 (“FCRA”).
India Insolvency
LegaLogic
Article
Corporate Deposits And Exemptions: Legal Position And Governance Implications Under The Companies Act, 2013
Corporate borrowing is an essential component of business operations. Companies may require external funding for working capital, capital expenditure, acquisitions, expansion, restructuring or meeting short-term liquidity requirements. Depending upon the nature and circumstances of the transaction, such funding may be obtained from banks and financial institutions, group companies, shareholders, directors, promoters, employees, investors or other persons.
India Commercial
LegaLogic
Article
Beyond The Pitch Deck: Legal And Ethical Failures In Start-Up Fundraising And The Crisis Of Accountability In India’s Venture Ecosystem
India’s startup ecosystem has evolved from nascent digital ventures in the early 2010s to a high-growth engine with over 110 unicorns and more than 159,000 Department for Promotion of Industry and Internal Trade (“DPIIT”)- recognised startups as of January 2025, positioning India as the third-largest startup ecosystem globally. Bolstered by venture capital (“VC”) and foreign institutional investments, startups have unlocked new markets, created millions of jobs, and shaped India’s global innovation profile.
India Commercial
ML
MZM Legal
Article
Why Standard Project Finance Safeguards Do Not Disqualify Debenture Holders From The Committee Of Creditors
The intersection of structured finance and insolvency law continues to generate significant judicial discourse, particularly on the question of when a financial creditor ceases to be a mere lender and becomes a related party of the corporate debtor. A recent ruling by the National Company Law Tribunal, New Delhi Bench, in Rishi Gupta and Anr. v. IDBI Trusteeship Services Ltd. and Ors. offers important clarity on this issue.
India Finance
IL
IndiaLaw LLP
Article
Supreme Court Held That Imposition Of Moratorium On A Company Is Not A Ground To Reject Complaints Against The Promoters/ Directors Of The Company
Supreme Court through its judgment dated 27.07.2026 in the matter of Tejas J Shah & Amisha T Shah v. Mantri Technology Constellations Private Limited (Now Known as Buoyant Technology Constellations Private Limited)[1] held that imposition of moratorium on a company under Section 14 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) is not a ground to reject consumer complaints against the promoters/ directors of the company.
India Commercial
Sagus Legal
Article
Corporate Laws (Amendment) Bill, 2026: Key Compliances For Every Company Secretary
India's Corporate Laws Amendment Bill 2026 represents the most comprehensive overhaul of the Companies Act 2013 and LLP Act 2008, fundamentally transforming compliance obligations for company secretaries. The legislation shifts procedural defaults from criminal to civil penalties while simultaneously tightening accountability for directors and key managerial personnel, creating a new compliance landscape that balances deregulation with enhanced governance standards.
India Commercial
MC
MAHESHWARI & CO. Advocates & Legal Consultants
Article
DPDP Act 2023: Director Liability, Board Responsibilities And Data Privacy Compliance For Indian Companies
India’s Digital Personal Data Protection Act, 2023 (“DPDP Act”) represents one of the most significant regulatory developments affecting corporate governance, data privacy compliance and risk management in recent years. While many organisations initially viewed the legislation as a technology or legal compliance issue, the DPDP Act has rapidly emerged as a boardroom concern requiring active involvement from directors, chief executive officers, managing directors and senior management.
India Privacy
KS
King, Stubb & Kasiva
Article
D&O Insurance In The Age Of Data Governance: Premium Realities Under India’s DPDP Regime
India’s enactment of the Digital Personal Data Protection Act, 2023 (“DPDP Act”) marks a decisive shift toward a modern data protection regime anchored in accountability, consent, and enforcement. While the statute is primarily directed at “data fiduciaries,” its implications extend well beyond operational compliance. At the boardroom level, the Act has triggered a reassessment of governance responsibilities, risk allocation, and critically Directors and Officers (“D&O”) insurance.
India Commercial
KS
King, Stubb & Kasiva
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