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We actively advise companies on various corporate issues. We provide a wide range of services relating to the structuring, establishment and operation of public and private companies in India. We work with our clients to develop practical, timely and cost-effective solutions to legal challenges facing businesses. Our lawyers and consultants work together to provide exceptional client service by emphasizing proactive problem solving, excellent communications, timely and responsive services, and a high value, quality product for a reasonable and competitive price.

We offer consultancy and sound legal advice in:

  1. Developing and organizing companies, including the formation of corporations, partnerships, joint ventures, associations and limited liability companies; formation of subsidiaries and franchises; and reorganizations.
  2. Structuring, negotiating and documenting business acquisitions, mergers, joint ventures
  3. Structuring, negotiating and documenting business financing transactions, including loans, leases, public and private offerings, stock exchange listing and filings, securities compliance, corporate takeovers
  4. Advising as to shareholder rights and remedies
  5. Documenting intellectual property transactions, technology transfers, licenses and joint ventures; trademarks; copyrights
  6. Structuring and documenting employee benefit programs, such as stock option plans, profit sharing plans and other incentive programs
  7. Negotiating various contracts, including buy-sell agreements, and similar transactions
  8. Providing tax, business and estate planning and advice
  9. Assisting with regulatory, administrative, and legislative affairs affecting businesses
  10. Advising on the development of distribution networks, agency and franchising agreements and on negotiating and drafting distribution
  11. Maintaining company records and filing with the Registrar of Companies (ROC)

In particular we offer services in the following areas of Corporate and Business Law:

1. International Joint Ventures

Our firm offers consultancy on issues of forming joint ventures and technical collaborations in India and abroad. Direct investment into India, in many instances, requires the permission and other regulatory compliances. It is imperative that there exist a strong joint venture and/or shareholders agreement that governs the relationship between the foreign and Indian partners. We assist foreign investors in negotiating with Indian companies and vice versa, we also provide consultancy in due diligence and drafting the relevant agreements and other documentation to facilitate the business arrangements. We provide overseas investors comprehensive advice in connection with the regulatory framework governing their investment into India. Our lawyers and consultants have an insightful view of the working of Indian companies and the regulatory framework that proves useful to foreign investors.

2. Mergers & Acquisitions

As an integral part of a multi-service law firm, we provide cost-effective, time-sensitive and integrated legal advice on Merger & Acquisitions (“M&A”). Our resources and team-oriented approach gives a decided advantage in the transaction. Our consultants advise clients on all aspects of M&A including on lines of the Takeover code as revised by the Securities and Exchange Board of India.
Mergers and/or amalgamations are effected through the Indian Companies Act, 1956, where a court sanction is required. By virtue of the Takeover code Companies can be taken over through a public offer if 15% or more of the equity shares of a company are purchased. A foreign company interested in taking over an Indian company first needs the requisite permissions for equity acquisition from the relevant authorities. A foreign company would need to expedite the work in order to meet the deadlines imposed by the Takeover Code. In M&A matters, our lawyers work closely with merchant bankers, accountants and other professionals.

3. General Corporate Work

We provide services and consultancy with respect to resolution of corporate and commercial disputes involving shareholders’ rights, directors’ duties and winding up of companies. Our services include advise on drafting board resolutions and assist companies in administration matters. Partners of the firm also serve as directors and alternate directors on the boards of companies.

4. Corporate Structuring

Under the Companies Act, 1956, as amended, it is possible to incorporate private, public and non-profit companies. A private limited company (closely held corporation) requires a minimum of two directors and between two and fifty members. Its articles of association must impose restrictions on transfer of its shares. Additionally, a private limited company cannot raise funds from the public through IPOs, etc. A public limited company, on the other hand, requires a minimum of three directors and seven members. It can generate equity capital by issuing shares to the public.

We advise on laws pertaining to permanent establishments and the issues that need to be taken into account before setting up the corporate structure. In that regard we offer services and advise on structuring companies and provide the best possible solutions to enable the establishment of companies.

5. Corporate Tax

The rate of corporate tax applicable to Indian companies is 35% plus a 5% surcharge. The current rate of corporate tax applicable to branch offices and/or permanent establishments of foreign companies in India is 40% plus a 5% surcharge.

Our services include advising on the complex corporate tax structures

6. Corporate Governance & Corporate Responsibility

We also provide consultancy and offer services in the field of corporate governance and responsibility. Our services in that regard include:

  1. Advising CEOs and CFOs regarding ROC filings
  2. Advising audit committees on matters relating to the retention, compensation and oversight of a company’s outside auditors
  3. Advising companies with respect to legal matters relating to the design, monitoring and evaluation of internal financial controls
  4. Advising companies, their boards of directors and their audit committees with respect to the development, implementation and enforcement of Codes of Ethics for senior financial officers
  5. Advising companies, their boards of directors, audit committees and compensation committees with respect to issues surrounding compensation, and transactions with senior executives and directors
  6. Advising companies and their management of issues with respect to officer and director fiduciary duties