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GENERAL CORPORATE ADVISORY
All companies incorporated in India are required
to comply with various provisions of the Indian Companies Act, 1956 and
the rules thereunder, which also involves several compliance issues. Companies
are required to obtain various licenses, certificates and approvals from
several regulatory authorities. We advise a broad spectrum of companies,
from closely held start-ups to public listed companies with a wide shareholder
base, on several issues arising in corporate, securities and allied laws.
Our General Corporate Advisory practice
area focuses on:
- Advising companies on the
legal, regulatory and tax aspects of doing business in India
- Assisting companies in the structuring
and setting up of operations in India, including the actual incorporation
process, as well as obtaining registrations in order to obtain certain
tax benefits
- Advising our clients on the requisite
approvals required from the Foreign Investment Promotion Board ("FIPB")
and the Reserve Bank of India ("RBI") in the event of foreign investment
in an Indian company, whether in the form of joint ventures or wholly
owned subsidiaries
- Filings that need to be made with the
local office of the Registrar of Companies ("RoC")
- Advising on issues relating to corporate
governance thereby enhancing shareholder value and bringing greater
transparency in the day-to-day operations of a company
- Advising companies on the methods of
restructuring and re-engineering, including demerger / spin-off a
division into a separate company, merge two companies into one, buy-back
of its shares by the company, reduction of share capital, winding-up
of its operations and the repatriation of the proceeds therefrom.
(while ensuring that the existing tax benefits continue to be available
post the restructuring, devising a structure that is efficient from
the stamp duty perspective in connection with the transfer of assets
and obtaining the requisite approvals of the High Court or other regulatory
authorities)
- Advising companies on an on-going basis
on the legal and regulatory issues of a general nature, that companies
face in their day-to-day operations, including issues relating to
the quorum, location, composition, agenda and resolutions for meetings
of the board of directors and shareholders
- Advising companies on various agreements
that they enter into such as employment, consultancy, confidentiality,
services, strategic alliance, intellectual property licenses etc
- Advised companies on allied commercial
laws relating to property laws, payment of stamp duties, registration
of documents, labor law compliances, etc.
- Advising companies on competition law,
including unfair trade practices and anti-competitive practices
- Advising domestic and foreign clients
who are looking at setting up joint ventures in India or overseas,
including issues that are of critical significance to a joint venture,
such as the nature of the entity to be set up, the inter-se rights
between the joint venture parties and the Indian legal, tax and exchange
control implications
- Assisting our clients in conducting
a due diligence on the other party and draft the requisite agreements
including shareholder/joint venture agreement, share purchase agreement,
voting agreements, etc.
Our Research Papers:
Other allied material:
- An
eye for governance (Economic times, November 09, 2002)
- You
can bank on this (Economic times, October 26, 2002)
- A
tainted view? (Economic times, September 28, 2002)
- Cracking
the whip? (Economic times, September 14, 2002)
- Racing
Ahead With Reform (Economic times, June 29, 2002)
- Banking
on Bankruptcy (Economic times, January 19, 2002)
- Who
SEZ it’s all work? (Economic times, August 04, 2002)
Contact details: For further information
and / or suggestions, please contact Siddharth Shah
Email: siddharth@nishithdesai.com
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