Synopsis - Company Sem-5 Project

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GROUP COMPANIES: ANALYSING THEIR LEGAL PERSONALITY IN INDIA

Project towards the fulfilment of Mid-Term examination in the subject of

COMPANY LAW- I

SUBMITTED BY: SUBMITTED TO

AYUSHMAN RAI (2124) & PROF. SARTHHAK MISHRA

ISHITESHWARI (2141) ASSISTANT PROFESSOR

UG SEMESTER-V (FACULTY OF LAW)

B.A. LL.B. (HONS.) NATIONAL LAW UNIVERSITY,


JODHPUR
SYNOPSIS

Abstract

The concept of group companies has gained significant importance in the global business
landscape, including in India. Group companies, typically comprising a parent company and
its subsidiaries, operate as a unified economic entity, although legally distinct. The legal
personality of these entities, especially in the context of their operations, liability, and
regulatory obligations, presents complex challenges. This project aims to analyze the legal
framework governing group companies in India, focusing on their legal personality, inter-
company liabilities, and the implications for stakeholders.

This project aims to analyze the legal personality of group companies in India, with a
particular focus on how the corporate veil doctrine is applied in the Indian legal context.
Group companies, often comprising a parent company and its subsidiaries, operate as distinct
legal entities but are frequently interconnected through financial, operational, and managerial
ties. This research explores the complexities surrounding the recognition of these companies
as separate legal entities, despite their collective functioning under a common control.

The study examines the statutory framework, judicial interpretations, and key legal principles
that govern the treatment of group companies in India, particularly under the Companies Act,
2013. It also delves into the circumstances under which Indian courts may pierce the
corporate veil to hold parent companies liable for the actions of their subsidiaries, thereby
challenging the concept of separate legal personality.

Through a comparative analysis with international practices, this project seeks to highlight
the unique challenges and legal considerations faced by group companies in India. It also
aims to provide insights into the evolving jurisprudence and regulatory trends that could
impact the future legal landscape for these entities. The findings of this research are expected
to contribute to a deeper understanding of corporate law in India, particularly in the context
of corporate governance and liability.

Research Questions—
1. How does the concept of separate legal personality apply to group companies in
India?
2. What are the legal implications of inter-corporate transactions within group
companies in India?
3. How do Indian courts approach cases involving liability and obligations of group
companies?

Conclusion:

The project will contribute to the academic and professional discourse on corporate law in
India, providing valuable insights into the complexities of group companies' legal personality.
It will also offer practical recommendations for policymakers, regulators, and corporate
entities to enhance the legal framework governing group companies in India.

This synopsis outlines a detailed plan to analyze the legal aspects of group companies in
India, providing a roadmap for thorough research and meaningful conclusions.

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