Corporate & Commercial Law
Overview
Our Corporate & Commercial Law practice forms the cornerstone of our business law offerings, providing end-to-end legal support to organizations. We advise on a wide spectrum of corporate matters, ensuring strict adherence to legal frameworks while safeguarding our clients' strategic objectives. We address areas such as company formation, corporate governance, mergers and acquisitions, foreign investment, contract management, and commercial dispute resolution, offering seamless legal services to businesses in India and abroad.
Our Services in Corporate & Commercial Law
- Corporate Structuring and Restructuring: Navigating the complexities of choosing the correct business entity is critical for long-term success. Our expertise extends to advising on optimal legal structures, be it a sole proprietorship, partnership, private limited company, public limited company, or even a Limited Liability Partnership (LLP), ensuring compliance with the Companies Act, 2013. We meticulously consider factors like tax implications, liability exposure, capital requirements, and scalability to recommend the most suitable structure. Furthermore, we provide expert guidance on restructuring existing businesses to unlock greater operational efficiency, mitigate inherent risks, and pave the way for strategic expansion or corporate turnaround, always mindful of the provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) where applicable. We also advise on cross-border restructuring involving Indian entities.
- Regulatory Compliance Consulting: The Indian business environment demands stringent adherence to a complex web of regulations. Our team provides unparalleled support in navigating this landscape, ensuring full compliance with key legislation such as the Companies Act, 2013, Securities and Exchange Board of India (SEBI) regulations, environmental protection statutes under the Environment (Protection) Act, 1986, labor laws such as the Factories Act, 1948 and the Minimum Wages Act, 1948, and sector-specific directives. We offer proactive monitoring of regulatory changes, conduct thorough compliance audits, and develop robust internal control mechanisms to minimize the risk of penalties or legal action. Our services cover critical aspects such as GST compliance, corporate social responsibility (CSR) as per Section 135 of the Companies Act, adherence to industry-specific standards, and compliance with regulations related to data privacy and cybersecurity.
- Due Diligence: Informed decision-making is paramount in today's business world. Our due diligence services provide a comprehensive assessment of legal, financial, and operational risks associated with mergers and acquisitions, investments, joint ventures, and other strategic transactions. We conduct thorough investigations, analyze key documents, and identify potential red flags, empowering our clients to make sound investment choices and negotiate favorable transaction terms. Our expertise encompasses legal due diligence, financial due diligence, environmental due diligence, intellectual property due diligence, and tax due diligence, ensuring compliance with all regulatory stipulations under applicable laws. We have significant experience in conducting due diligence for businesses in the IT, pharmaceutical, and manufacturing sectors.
- Contract Drafting and Review: Contracts are the bedrock of any successful business operation. Our skilled legal professionals meticulously draft, review, and negotiate a wide range of commercial contracts, ensuring that our clients' interests are protected, and their legal rights are clearly defined. We handle diverse agreements, encompassing sales agreements, supply agreements, distribution agreements, licensing agreements, service agreements, confidentiality agreements, e-commerce agreements, and cloud computing agreements. Our focus is on creating clear, unambiguous contracts that minimize the potential for disputes and ensure enforceability under Indian law, specifically the Indian Contract Act, 1872. We advise on crucial clauses like force majeure, dispute resolution mechanisms, termination clauses, and limitation of liability.
- Corporate Governance Advisory: Sound corporate governance is essential for building trust and ensuring long-term sustainability. We provide expert guidance to boards of directors and senior management on implementing best practices in corporate governance, promoting transparency, accountability, and ethical conduct. Our services encompass advising on board composition, committee structures, shareholder rights, internal controls, and compliance with the requirements of the Companies Act, 2013 and SEBI regulations. We assist in developing and implementing robust corporate governance policies and procedures, ensuring alignment with global best practices and addressing emerging issues such as ESG (Environmental, Social, and Governance) compliance. We also advise on director and officer liability insurance (D&O Insurance) and conduct related party transaction reviews to ensure fairness and transparency.
- Mergers and Acquisitions Planning: Navigating the complexities of mergers and acquisitions requires strategic legal counsel and meticulous execution. Our team provides end-to-end support throughout the M&A process, from initial negotiations to post-merger integration. We conduct thorough due diligence, structure the transaction to optimize tax efficiency, negotiate favorable terms, secure regulatory approvals, and seamlessly integrate the acquired business into the client's existing operations. Our services encompass share purchase agreements, asset purchase agreements, mergers, demergers, and slump sales, ensuring compliance with the Competition Act, 2002 where applicable. We have expertise in both domestic and cross-border M&A transactions, as well as representing clients in private equity and venture capital investments.
- Foreign Investment Advisory: Attracting foreign investment is crucial for economic growth, but navigating the intricacies of Indian regulations can be challenging. We provide comprehensive legal and regulatory advice to foreign companies seeking to invest in India, assisting with structuring investments, obtaining necessary approvals from the Reserve Bank of India (RBI) and other government agencies, and complying with Indian laws and regulations, including the Foreign Exchange Management Act (FEMA), 1999. We assist with setting up branch offices, liaison offices, project offices, and wholly owned subsidiaries, guiding clients through the maze of approvals and compliance requirements.
- Joint Venture Structuring: Strategic alliances can unlock significant growth opportunities but require careful structuring to ensure alignment of interests and mitigate potential risks. We assist businesses in forming joint ventures, drafting comprehensive joint venture agreements that clearly define the rights, responsibilities, and obligations of each party. Our services encompass advising on equity participation, profit sharing, management control, dispute resolution mechanisms, and exit strategies, ensuring compliance with relevant provisions of the Indian Partnership Act, 1932 and other relevant legislation.