CORPORATE & COMMERCIAL LAW
Corporate and Commercial law is the cornerstone of the Firm's practice. The Firm advises clients including foreign and multinational companies on their India entry strategy, legal options of doing business in India, setting of up a company/entity and advice on investment regulations, sectoral caps, money control norms and regulatory issues relating to various industries in India. The team actively advises and opines on barriers to entry and exit strategies including advice on foreign exchange regulations, policies governing funding of Indian entities, specific commitments under various trade agreements, customs duty etc.
The Firm assists and represents foreign companies before the regulatory authorities including the Reserve Bank of India, Foreign Investment Promotion Board, Ministry of Commerce and Industry, Government of India and helps companies in getting necessary approvals/ clarifications/ registrations/ licenses for doing business in India.
The Firm has advised clients from almost all sectors including:
- Information Technology
- Power sector
- Real Estate and Infrastructure
- FMCG products
- Media & Entertainment
- Hospitality and Leisure
- Healthcare and Pharmaceuticals
- Education
to name a few, and has been taking care of their day-to-day legal and business needs and requirements, specific to such industry sectors while accommodating the cross-border nature of many such transactions and contractual matters.
We have significant experience in dealing with mergers & acquisitions, private equity, joint venture agreements, technical collaborations, international securities, foreign exchange regulations and capital markets transactions.
The Firm's strategic legal advice helps its clients to seize and maximize the available opportunities and to manage and minimize the potential risks involved. The Firm advises on structuring, negotiating and documenting in the fields of:
- Investments in India and Abroad, Joint-Ventures, Foreign Collaborations, Technology Transfers, International Trade
- Incorporation of Companies both in India and Abroad/Offshore (including in various tax efficient countries)
- Establishment of a Branch, Liaison, Representative or Project Office of a Foreign Company
- Regulatory Approvals & Compliances
- Mergers and Acquisitions
- Corporate Governance issues
- Corporate Finance
- Corporate Re-Organization and Re-Structuring
- Distributorship, Agency, Franchising, Business Conducting & Other Marketing & Trading Arrangements;
- Investment and Disinvestments
- Due Diligences, Corporate Compliance & Legal Audit
- Taxation of Foreign Companies & Foreign Nationals in India, and Company Secretarial Services.
The Firm has worked extensively on numerous commercial contracts and has been involved in negotiating, vetting and drafting various international and national transactional and commercial agreements/contracts including:
- Shareholders Agreements, Share Purchase Agreements, Joint venture Agreements, Collaboration Agreements and Consortium Agreements
- Equipment Purchase / Supply Agreements
- Acquisition Agreements
- Agency/Franchisee and Distributorship Agreements
- Business Collaboration Agreements
- Transfer Technology Agreements
- Concession Agreements
- Employment Agreements
- Licensing Agreements
- Franchise Agreements, Royalty Agreements, Operations and Management Agreements
- Distribution, Agency and Dealer Agreements
- Employment Contracts and Code of Conduct
- Financing Agreements and Instruments
- E-Commerce Contracts, Website Hosting, Privacy Policy, Website Usage Agreements.
We are amongst the few law firms who pioneered advisory in relation to the Companies Act, 2013. We have rich experience in advising clients on all aspects of the Companies Act, 2013 and our clients regularly seek our legal opinion on matters pertaining to company law. General corporate advisory (including securities and foreign exchange law) also forms a core aspect of our practice and we have extensive experience in the same.
A few of the significant transactions that our partners have been involved in include:
- Advised a technology company in a outbound join venture for setting up a systems integration company in the Middle East and Africa.
- Advised and represented a global cosmetics manufacturer on consolidation of holdings in India by way of a court driven merger.
- Advised a large port company on a joint venture with the local state Government.
- Acted for an international consulting company in consolidating its holdings in India into a more efficient structure through change in the holding patterns.
- Advised an aircraft charter company on charter contracts and prepared bespoke contracts for specific high value clients.
- Advised an investor in the acquisition of a computer animation training company.
- Advised talent management agencies representing musicians, artists and extreme athletes.
- Advised a fashion and lifestyle brand on trademark and intellectual property registrations.
- Advised and acted for several application software development companies for drafting of commercial contracts.
- Advised a children's educational board game manufacturing company in its distribution and licensing agreements.
- Advised a software company in drafting various commercial contracts with its vendors and clients
- Advised an EPC contractor on contractual and commercial disputes with contractors and sub-contractors in relation to the construction and commissioning of Koldam Hydro Electricity Project.
- Represented a Mauritian Limited before Delhi High Court and Andhra Pradesh High Court in various winding up petitions against guarantors of corporate borrowings by subsidiaries in Mauritius.
- Advising the Data Security Council of India in relation to various contracts with vendors, sponsors and other contractual engagements.
- Represented Singapore based GENCO in a shareholder dispute of an investee company before the Company Law Board.
- Advised an offshore drilling company in a shipping dispute involving TNMB.
- Represented Amiantit Fiberglass Industries Ltd. in their reference petition before the BIFR
- Prepared scheme of demerger for a major Malt manufacturer in Haryana and successfully obtained court approvals on the scheme within 3 months of filing.
- Advised Abu Dhabi based investment fund on scheme of arrangement and demerger procedure in relation to the equity investment in power projects.
- Advised a green energy GENCO in relation to investment in a hydropower project in Himachal Pradesh and Karnataka.
