The Firm advises on the best possible structures that can be adopted to establish and run business ventures. Our approach is to provide customised legal support considering the sector in which the business is to be set up. We understand the complexities involved in the Indian regulatory system and provide sector specific practical solutions.
Our services range from structuring and negotiating deals, providing strategic advice and documentation, formation of the entity, to successful running of the business and advising on regular corporate law matters.
We advise on establishing presence in India, setting up and incorporating a company in India and offer all types of secretarial compliance services as well as advice on the day-to-day running of their businesses in India.
We also advise on foreign exchange control laws of India, and assist our clients in structuring their overseas investment, debt and trade transactions and support them in preparing and filing the necessary intimations and documents including at the time of receipt of foreign inward remittance of share/debenture application money, issue of equity/ compulsorily convertible preference shares/ compulsorily convertible debentures and returns to be submitted on an annual basis.ry records.
Secretarial, Foreign Exchange & Legal Compliance Audit
In advising on applicable foreign exchange control laws of India, we assist our clients in preparing and filing the necessary intimations and documents including at the time of receipt of foreign inward remittance of share/debenture application money, issue of equity/ compulsorily convertible preference shares/ compulsorily convertible debentures and returns to be submitted on an annual basis. We also provide general support and advice in relation to any other legal, corporate or regulatory matter.
The Firm assists its clients in order to ensure legal compliances (including corporate governance) whilst avoiding the risks associated with non-compliances within complex Indian laws and regulations. The compliance and audits team conducts legal compliance audits covering all areas of law, including but not limited to:
- Corporate and secretarial compliances
- Foreign exchange laws compliances
- Employment law compliances
- Contract compliances
- Intellectual property and data protection
- Internal codes and policies
- Environment law compliance
The methodology of conducting a legal compliance audit is to first determine audit goal and scope; thereafter, devise an audit plan with the company’s senior management; conduct investigation through tailor-made questionnaires, document review & interviews; provide a the analysis and recommendations by way of a report, and finally create a plan to implement the recommendations, revising the existing procedures.
Further, the Firm also assists its clients in drafting comprehensive corporate governance code, HR policies, addressing specific corporate governance issues, aiding the boards of companies in board and committee performance assessments etc.
M & A, Joint Ventures and Strategic Alliances
Our team has in-depth knowledge and expertise in all areas of M&A practice (including stock acquisitions, takeovers, business / asset transfers, privatizations, buyouts (including LBOs and MBOs), due diligence etc. which is combined with an intelligent understanding of the business and commercial requirements.
Apart from drafting and negotiating the entire gamut of transactional documents the team also advises multinational clients on optimal structuring options and entry/ investment strategies. The team has the expertise to advise on all ancillary aspects to a M&A matter as well such as pre and post- acquisition advisory, entity formation, compliance with conditions subsequent, applications for regulatory approvals, corporate secretarial matters etc.
On the joint ventures front, our team has extensive experience in governing and dealing with all aspects of joint ventures and providing comprehensive legal assistance to clients across diverse sectors and industries relating to both domestic and international joint ventures. We look at minimizing legal risk for our client’s and ensuring compliances in all areas of law.
We advise on the best possible structures that can be adopted to establish a joint venture between two or more entities. Our services range from structuring and negotiating deals, providing strategic advice and documentation, formation of the joint venture entity, to the closing of the joint venture and our expertise includes advising on:
- Pre-formation issues
- Incorporation and setting up business and operations of the joint venture entity
- Financial funding and capital contribution requirements
- Distribution of revenues
- Issue of shares, share transfer restrictions
- Exit mechanisms
- Handling related legal issues on employment laws, arbitration and dispute resolution etc.
As part of our services, we assist our clients in strategic planning, advising, negotiating, drafting and vetting a broad range of commercial contracts including but not limited to:
- Equipment purchase agreements
- Supply agreements,
- Distribution agreements
- Franchise arrangements
- Trademark licenses agreements
- Software licenses
- Master service agreements
- Consultancy agreements
- Lease agreements
- Non-disclosure agreements
The team also has an extensive experience on commercial contracts and is well equipped to take a transaction from start to finish – and is known for expert advise on all aspects of a business/ revenue transaction including evaluating back to back terms with vendors/ service providers, evaluating limitation of liability, indemnity, liquidated damages, SLA commitments, performance warranties, acceptance tests, transfer of risk and/ or title, revenue recognition issues etc. The team has successfully closed even global delivery transactions.
Our team understands the importance of providing specialized support on complex Indian employment laws. The Firm has experienced employment lawyers having extensive exposure in dealing with employment matters whether contentious or non-contentious.
Our lawyers routinely support clients on employment matters including appointment/removal of senior management employees, their employment/settlement contracts, standard employment contracts, remuneration/HR policies, confidentiality and non-compete agreements.
Our team supports our clients in ensuring legal compliances under employment and social security legislations. We provide comprehensive local law advice on compliances and registrations. We advice on best practices, strategies and processes in the employment sector. Also, we assist our clients in undertaking and completing investigations involving complaints (including those pertaining to sexual harassment and whistle-blower policies).
Intellectual Property Rights
Our IP team has the experience to provide a full range of Intellectual Property services to our clients. The team has considerable experience in handling civil and criminal actions in various courts pertaining to trademark, copyright infringement, domain name disputes and UDRP complaint and all other matters concerning copyright, trademark, patent violations as well as Brand Protection actions. Our counsels also appear before the concerned authorities during the course of registration of trademark, patent and copyright applications.
The team has also handled litigations involving infringement and passing off claims and piracy of registered designs. Predominant work includes copyright/anti-counterfeiting actions on behalf of the companies against the pirates indulging in counterfeiting and copyright violations.
The team also has the experience of negotiation and drafting Trade Mark License Agreements, Registered User Agreements, Registration of Patents, Trademarks, Designs and Copyrights, Agreements for Assignment and Transmission of Trade Mark.
Technology & Telecommunications
On the technology side, our counsels have an extensive experience of various IT sector deals. The experience involved drafting, reviewing and negotiation of various commercial and business agreements including strategic outsourcing agreements, global MSAs, framework agreements, escrow arrangements, End User License Agreements (EULA), System Integration services agreements etc.
Team has represented both, IT hardware, software and service providers and consultants, as well as customers, in relation to the supply and procurement of IT- related services and products.
Litigation & Arbitiration
Our firm provides dispute resolution services representing its clients in Supreme Court, High Courts, District Courts, Consumer Courts, Tribunals and before various other Authorities, Boards and Commissions. The team has extensive experience in civil and corporate matters including intellectual property disputes, labour and industrial disputes, property disputes, contractual disputes, consumer disputes, family disputes, disputes pertaining to companies, disputes pertaining to debt recovery.
Our lawyers also have experience in criminal matters including cases pertaining to Negotiable Instruments Act, 1881. Apart from litigation, the firm also represents its clients in arbitration proceedings both domestic and international as well as mediation and conciliation proceedings. The clients of the firm include individuals, corporate houses and public sector companies.
Our team has extensive non-contentious construction, financing and outsourcing experience and expertise.
They have negotiated and drafted commercial contracts for major residential, commercial and industrial developments and advised on real property rights and property investment, joint development arrangements etc. generally throughout the India.
Power & Oil & Gas and Project Financing
Our lawyers have been involved in various power sector deals including setting up of a generating station (including captive plants), sale/ purchase of power (represented gencos and discoms/ trading cos), power trading transactions, land acquisition for the setting up of generating stations, power projects financing deals (represented financers also), advised regulators in writing regulations and on various aspects of Electricity Act, 2003 and other applicable State statutes, Central and State Electricity Regulatory Commissions regulations and judicial decisions.
Our lawyers have also advised the lenders in the financing of the power projects and conducted the due diligence of the project and highlighted the risks and advised on the mitigation/ addressing the same through financing documents.
Our team is capable of advising clients on various aspects of power sector transactions including drafting and negotiation of project and financing documents, preparing risk matrix, advising on risk mitigations and addressing the same through project/ financing documents, advising on regulatory issues etc.
The team has advised and assisted various infrastructure projects in the private sector, where private participation has manifested itself in diverse forms varying from BOO, BOT, BOOT, BOLT to Management and Lease Contracts.
Our team is also engaged in providing support to Indian oil and gas sector companies in bidding and contracting with Government entities and overseas oil and gas companies for seiesmic acquisitions (both onshore and offshore), data interpretation and advanced analysis technologies services and project management services.