Diploma in Corporate Litigation

BY
LawSikho

Gain corporate and commercial litigation skills and knowledge with a Diploma in Corporate Litigation certification by LawSikho

Mode

Online

Duration

6 Months

Fees

₹ 60000

Quick Facts

particular details
Medium of instructions English
Mode of learning Self study, Virtual Classroom
Mode of Delivery Video and Text Based
Frequency of Classes Weekdays, Weekends
Learning efforts 6-8 Hours Per Week

Course overview

The Diploma in Corporate Litigation certification course is a 6-month programme. The certification course equips the aspirants with practical skills and a deep understanding of corporate and commercial litigation. The students will learn to handle various cases from shareholder disputes to real estate transactions and can handle the panel of private or public sector banks.

The students will also gain in-depth knowledge of how to represent borrowers or promoters facing enforcement actions initiated by banks. The Diploma in Corporate Litigation certification by LawSikho offers a comprehensive curriculum that includes the jurisdiction of NCLT under company law, types of companies and matters relating to the existence or dissolution of companies.

Also Read: Online Corporate Law Courses & Certifications

The highlights

  • 6 Months Online Course
  • 1 Online Live Class/Week
  • 15+ hours of Personalised Coaching
  • 15+ Hours of Freelancing Career Training
  • Training for Writing and Publishing Articles
  • 45+ Hours of Live Practical Sessions with Industry Experts
  • Top Performers will be Recommended for Job Opportunities
  • 20+ Hours of Assistance to Build Immaculate Track Records
  • 100+ Hour Simulation Oriented Practice Through Assignments

Program offerings

  • Professional networking coaching
  • Instructor feedback on assignments
  • 2 practical/drafting exercises per week
  • Content access for 3 years
  • Printed study material
  • Cv enhancement
  • Placement support
  • Digital access to study material

Course and certificate fees

Fees information
₹ 60,000

The fees for the course Diploma in Corporate Litigation is :

Fees componentsAmount
Programme feesRs. 60000
EMIRs. 3,000/month
certificate availability

Yes

certificate providing authority

National Skill Development Corporation +1 more

Who it is for

The Diploma in Corporate Litigation certification course is designed for aspiring students and law professionals to develop their skills and knowledge. This course is also beneficial for: 

Eligibility criteria

Certification Qualifying Details

The candidates must complete all the assignments and qualify for the MCQ test after completing the Diploma in Corporate Litigation online course. The students will receive a certificate co-branded by NSDC and Skill India by courier to their provided address.

What you will learn

After completing the Diploma in Corporate Litigation certification syllabus, the students will gain in-depth knowledge of the legal framework, mechanics of corporate governance, and principles of contract law. They will also gain a deep understanding of resolving commercial issues and learn to protect corporate interests. Students will also learn to research and write legal documents.

The students will also learn to analyse real-world corporate litigation cases, complexities and strategies with the support of industry experts. Upon the completion of the Diploma in Corporate Litigation training, the participants will explore the ethical issues related to litigation, and alternative methods of dispute resolution. They will also understand how to reduce the legal risks in corporate functioning.

The syllabus

Jurisdiction of NCLT Under Company Law

A primer on matters which can be dealt with by NCLT
  • Constitution and composition of NCLT
  • Commercial advantages of transferring matters to NCLT
  • Bar of jurisdiction of other forums on matters which can be dealt with by the NCLT
  • Matters which come up most frequently before the NCLT under the Companies Act, 2013 and matters where there is a possible alternative to bringing it before the NCLT
  • A comprehensive list of powers of the NCLT
How relevant is ‘court craft’ in appearing before the NCLT
  • Importance of learning and developing ‘court craft’
Pointers for drafting a legal opinion
  • Process and tools required for drafting a legal opinion on matters pertaining to NCLT

Types of Companies and Matters Relating to Existence or Dissolution of Companies

  • Different types of companies: OPC, Private and Public
  • Mergers and acquisition transactions which do not require approval of NCLT and the manner of undertaking such transactions
  • Transactions which require approval of NCLT and manner of undertaking such transactions
  • Choosing the most optimal methods based on commercial considerations
  • How to draft a scheme of arrangement for mergers
  • How to obtain dispensation from conducting meetings of members and creditors in a scheme of arrangement
  • How to draft a petition to present scheme of arrangement before NCLT
Appeal for revival and restoration of companies
  • Drafting appeals for the restoration of companies to the register of companies
  • Reasons why companies are struck off the register of companies and how to avoid strike off in the first place
Voluntary winding up of companies
  • Meaning of voluntary winding up
  • When voluntary winding up is advisable
  • Who can decide to voluntarily wind up a company
Initiation of corporate insolvency resolution process by corporate applicant
  • Causes why a company would initiate its own insolvency
  • Cases where a company cannot file for its own insolvency
  • Prerequisites for a company to initiate its own insolvency resolution process
  • How NCLT deals with a Section 10 Application
How to choose between winding up and liquidation
Sample Documents
  • Scheme of Amalgamation
  • Application to NCLT for dispensing with holding meetings of members 
  • Petition to NCLT for approving scheme of arrangement
  • Index: Appeal for revival
  • Memorandum: Appeal for Revival

Basics Concepts Related to the Management of Companies and Matters Related to Oppression and Mismanagement

  • When and how can you file a petition for oppression and mismanagement?
  • How to draft a petition to NCLT against acts of oppression and mismanagement
  • How to draft an application to NCLT for direction to convene the annual general meeting of a company
  • Video: Terms of reference of the Board and Committees
  • Video: Key Managerial Personnel
Sample Documents
  • Petition to NCLT against oppression and mismanagement
  • Petition to High Court against disqualification of director

Initiation of Insolvency By a Financial Creditor

Initiation of insolvency by financial creditors
  • Meaning of ‘financial debt’ and ‘financial creditor’ as provided under the Code
  • Differences in the position of secured creditors vis-a-vis unsecured creditors
  • Notifications and amendments released by the Government in view of the Covid-19 pandemic and their impact on the corporate insolvency resolution process
  • Whether an assignee of a debt can use the IBC process
  • Constitutional aspects pertaining to Section 7 of the Code
  • Applicability of the Limitation Act, 1963 to IBC proceedings
How to draft an application to initiate insolvency by a financial creditor
  • Applicable rules and regulations
  • Creating checklist of requisite documents
  • Understanding the relevant jurisprudence
Sample: Application by a financial creditor to initiate corporate insolvency resolution process
Video: Who is a financial creditor?
Video: What is financial debt?
Sample: Reply to a Section 7 application
Advanced case laws: Who is a financial creditor?

Initiation of Insolvency By an Operational Creditor

Initiation of insolvency by operational creditors
  • Transactions which can be classified as ‘operational debt’
  • Prerequisites before an operational creditor becomes eligible to initiate insolvency proceedings
  • Notifications and amendments released by the Government in view of the Covid-19 pandemic and their impact on the corporate insolvency resolution process
How to draft an application to initiate insolvency by operational creditors
  • Gathering necessary information for drafting section 9 application
  • Format of application
Nach Baliye program case study and existence of dispute
The fate of an operational creditor: a brief update
Sample: Form 3: Format of a demand notice
Video: Who is an operational creditor?

Initiation of Insolvency By Corporate Debtor

Initiation of corporate insolvency resolution process by corporate debtor
How to draft an application to initiate insolvency resolution process by a corporate debtor

Aftermath of Filing an Application for Initiation of Insolvency

Role of NCLT in insolvency cases
  • Grounds for admission or rejection of an application
  • Time limit for NCLT to adjudicate on an application for initiating insolvency
  • Practical perspective of the adjudication process
Consequences of admission of an application to initiate insolvency

Constitution of Committee of Creditors and Filing of Claims

Constitution of Committee of Creditors (CoC)
  • Who form members of the CoC
  • Appointment of authorised representative to participate in CoC
  • Position where there are no financial creditors of a corporate debtor
How to file claims with the Interim Resolution Professional (IRP)/Resolution Profession (RP)
  • Who can file proof of claim
  • Prerequisites for filing a claim
  • Drafting proof of claim
  • Relevant evidence for existence of debt

Admission/Rejection of Claims

How are claims admitted / rejected by the insolvency resolution professional?
  • Verification of claims by insolvency resolution professional
  • Consequences of admission or rejection of a claim
  • Challenging rejection of claim before the NCLT
Sample: Application under Section 60(5) of the Insolvency and Bankruptcy Code

Meetings of COC and their Duties

How does the CoC work and decide matters?
Appointment of resolution professional
Duties and powers of CoC
Voting by CoC

Role and Duties of the Resolution Professional

  • What are the roles and duties of the resolution professional

Inviting Prospective Resolution Applicants

How to invite resolution plans from prospective resolution applicants?
Drafting invitations for expression of interest
Section 29A and case study of Essar Steel insolvency

Approval/Rejection of Resolution Plan By NCLT

  • NCLT proceedings for approval or rejection of resolution plan

Appeals from NCLT Orders Under Companies ACt and IBC to NCLAT

Composition and jurisdiction of National Company Law Appellate Tribunal (NCLAT)
How to file an appeal before the NCLAT from the orders of NCLT under Section 421 of the Companies Act, 2013
How to file an appeal before the NCLAT against the order of the Adjudicating Authority under Section 61 of the Insolvency and Bankruptcy Code, 2016

Filing a Civil Appeal Before the Supreme Court

  • How to file a Civil Appeal before the Supreme Court under Section 62 of the of the Insolvency and Bankruptcy Code, 2016

Other Matters Adjudicated BY NCLT

Who can make an application for reopening and revision of financial statements?
Which offences can be compounded by NCLT and how?
Role of NCLT in Investigations under the Companies Act

Recovery Litigation Under the Sarfaesi Act and RDB ACT

SARFAESI Act
  • Enforcement of Security Interest under SARFAESI Act
  • Definition of “security interest”, “secured asset”, “secured debt” or “secured creditor”
  • Section 31 of the SARFAESI Act, non-applicability in respect of certain assets (agricultural land/ vessels)
  • Steps for enforcement of security interest under SARFAESI Procedure, timelines under SARFAESI Act and Rules
  • Video: Steps for enforcement of security under SARFAESI 
  • Essentials of notice served under Section 13 (2) of SARFAESI Act
  • Template: Demand Notice under SARFAESI
  • Template: Possession Notice under SARFAESI
  • Template: Application to District Magistrate/ Chief Metropolitan Magistrate under Section 14
  • Template: Replies to Objection Against Demand Notice
Recovery of Debts and Bankruptcy Act, 1993 (‘RDB Act’)
  • Procedure in RDB Act cases (Section 19): reliefs that may be prayed for by a Bank, pecuniary/ territorial jurisdiction, court fee, definition of “debt”, timelines, Recovery Certificate, execution proceedings.
  • Drafting/Reviewing of a Section 19 application by the bank
  • Evidence on affidavit
  • Powers of DRT
  • Recovery Proceedings
  • Appeal procedure
  • One time settlements between banks and debtors
  • Brief comparison of SARFAESI Vs, RDBA
  • Video: Process of DRT Enforcement and Litigation
  • Appointment of receiver
  • Order recovery of money
  • Furnish security
  • Detain in civil prison

Recovery Litigation: Civil Suits

Video
  • Use of Summary Suit by Banks/NBFCs to Enforce Retail Loans
  • Types of Loans that Can Are Enforced through this
  • Potential defendants in a summary suit
  • Procedure of summary suit
  • Video: Mortgage Suit
  • Order 34 of CPC
  • Procedure of court sale
Chapters
  • Use of Money Suits in Banking and Finance
  • Enforcement of judgement 
  • Attachment 
  • Small Claims Court
  • Presidency Small Cause Courts Act, 1882
  • Settlement
  • Arbitration 
  • Lok Adalat

Dispute Resolution Under Rera

  • Power of Real Estate Regulation Authority
  • What are penalties for non compliance with RERA
  • Powers of authority under RERA, Consumer Forum and IBC
  • Counciliation Forum under RERA and how it work
  • Can an aggrieved party approach a civil or criminal court under RERA?
  • How should you deal with disputes related to succession of property?
  • Template: Application under Section 18 of RERA
  • Template: Covering letter for Section 18 application
  • Template: Legal notice and reply to legal notice

Interaction of Rera With Other Legislations

  • Impact of IBC Ordinance in 2018 and subsequent amendments on home buyers
  • Initiation of insolvency proceedings by home buyers
  • Competition concerns in real estate projects
  • Consumer disputes litigation in real estate projects
  • Consumer court orders in case of delay in handover of property
  • Template: Complaint before consumer forum
  • Template: Reply to complaint before consumer forum
  • Template: Notice before filing of complaint in consumer forum
  • Template: Reply to a notice

Commercial Courts Act, 2015

  • Changes to the filing and trial process under Commercial Courts Act 2015
  • Jurisdiction under Commercial Courts Act 2015
  • Sample: Plaint in a Commercial Suit
  • Sample: Written Statement in a Commercial Suit

Admission details

To join the Diploma in Corporate Litigation classes, follow the below-mentioned steps: 

Step 1: Browse the link mentioned below:

https://lawsikho.com/course/corporate-litigation

Step 2: Participants must click on the “Enroll Now” button, fill in the necessary information and click on the “Submit” button.  

How it helps

The Diploma in Corporate Litigation certification benefits include:

  • The certification course offers a comprehensive curriculum that includes corporate litigation and all the aspects related to it.
  • The candidates will get 1 online live class and 2 practical or drafting exercises per week.
  • Aspirants will also receive coaching for professional networking, placement assistance for internships, and jobs and referrals for CV enhancement.
  • The top performers will be recommended for jobs and client opportunities in various law firms and companies.

FAQs

What is the duration of the Diploma in Corporate Litigation training?

The certification course duration is 6 months. The students gain in-depth knowledge and practical skills for corporate and commercial litigation.

Who are the potential clients or employers for the Diploma in Corporate Litigation online course?

Law Firms, Corporate Legal Departments, Government Agencies, Nonprofit Organizations, Legal Consultancies, Real Estate Companies, Banking and Financial Institutions, and Legal Tech Companies are potential employers for this course.

Who can pursue a Diploma in Corporate Litigation certification course?

Commercial Litigators, Independent Practitioners, Corporate Lawyers, CA, Company Secretaries, Law Students, aspiring Corporate Lawyers, Money Recovery, Bankruptcy Specialists, Real Estate, Debt Sector Lawyers, Technology, E-commerce Legal Professionals, Litigators interested in Banking and NBFCs.

How students can clarify their doubts about the Diploma in Corporate Litigation online course?

Students can clarify their doubts in live classes by asking questions, sharing screens, and receiving personal feedback. They will also get feedback on assignments or career advice by scheduling a private one-on-one call.

Does the Diploma in Corporate Litigation certification course refund the course fee?

Students will get 100% money back if they attend all the classes diligently for a month, complete all the exercises and assignments, and still find it not valuable, then only a refund will be provided.

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