Corporate Laws
Corporate law is a study of legal and external affair matters, Merger and Acquisitions (M&A) and how shareholders, stakeholders, consumers and other parties involved in transaction interact with each other internally through corporate governance and externally through commercial transaction. Corporate lawyers could represent a corporation, a partnership association and advise them of their legal rights and duties. Corporate lawyers could be working for a medium or a large law firm or a regulatory body like SEBI, IRDAI or RBI.
Practicing Corporate Law: Compliance: One of the branches of corporate law is Compliance. The lawyers who specialize in this field ensure that there is compliance of rules by the corporation.
The lawyers can act as:
- In-house Lawyer: They are hired by the corporations law department to take care of matters relating to employment, policies, taxes and regulatory matters.
- Counseling of publicly and privately held companies: The corporate lawyers assists the corporation in matters related to issuance of securities, advice on litigation matters and tax matters.
Corporate litigation: When a business is involved in litigation, it becomes corporate litigation. The corporate lawyers who practice in this field take measures to avoid litigation and also manage business disputes with another business.
The main corporate litigation categories are:
- Deceptive or Fraud Practice: When any business adopts fraudulent means to brand their products, or if there has been any misuse of intellectual property.
- Any employee or employer strife: Any conflicts due to poor health or the right of the employee being attacked.
Banking and Finance: One of the main practice areas in the corporate law is Banking and Finance sector. The corporate lawyers in this field deal with Debt Restructuring, Syndicate lending, Acquisition. The lawyers work in public or private sector banks or financial companies.
International Capital Markets: The Corporate lawyers in International capital market advice on the issuance of debt securities and exchangeable bonds, qualified institutional placements, covered bond programs, Initial Public Offerings (IPO) and work closely with Banks and Venture Capitalist.
Real Estate: The real estate lawyers advice on the Real estate projects undertaken by the companies. Also they give advice on the joint ventures and property acquisition.
Corporate laws in India: In India, under the Companies Act 1956, which is the company law in India, all companies have to register them under the Company Law Act. There are various corporate laws in India of which some of the most important ones are listed down below:
- The Companies Act, 1956: An act to amend and consolidate the laws relating to companies. It was introduced in 1956.
- Companies Act, 1918: Ac act to take power to prohibit the alteration of articles of association which restricts foreign interests in certain companies but with the sanction of the Government.
- Companies Act, 2006: This act was added for further amendments in the Companies Act,1956. It states that no company shall appoint any individual as a Director if that individual does not have Director Identification Number (DIN) under section 266B.
- Competition Act of 2002: It promotes sustainable competition in market and prohibits any anti-competitive business tactics.
- Foreign Trade Act 1992: An act for the development and regulations of foreign trade by facilitating imports into, and augmenting exports from India.
- The Securities and Exchange Board of India Act, 1992: An act to provide for the establishment of a Board to protect the interests of investors in securities and to promote the development of, and to regulate, the securities market.
OUR SERVICES IN CORPORATE LEGAL Indian Lawyer Services India is one of the fastest growing ‘full-service’ law firms of India. The firm has been providing excellent client service by emphasizing on proactive problem solving, excellent communications, timely and responsive services, and a high value, quality product for a reasonable and competitive price.
Under the head of ‘corporate services’ the firm offers legal services and consultancy in establishment and organizing companies including the incorporation and formation of companies, partnerships, joint ventures, association, formation of subsidiaries, corporate governance, merger and acquisitions, financing transactions, dealership and franchise litigation, licensing, sales and lease contracts, maintaining company records and filing with different statutory authorities including registrar of companies, securities and exchange Board of India (SEBI), reserve Bank of India, etc.
The Firm handles full range of civil and contractual litigation claims, from torts and white collar crimes to multi-million dollars commercial and shareholder disputes. The firm also provides specialized service under foreign exchange law. With a dedicated team to look into the matters of foreign investments in India the firm serves with customized updates on investment opportunities in Indian subcontinent. it offers whole range of legal, consulting and procedural services for foreign investment through financial and technical collaborations, joint ventures, capital market and private/ preferential placement which comprises negotiations with Indian counterpart, drafting of instruments, getting required approvals from Governmental agencies in establishing and organizing wholly owned subsidiaries, Joints-ventures and/or Branch/project/liaison offices on behalf of foreign investors under exchange and corporate laws in India.
Our Corporate Law firm is a team of expert lawyers who offer effective services to our clients by combining broad knowledge of corporate law matters with experience in key sub disciplines. With the ability to identify potential issues and develop real-time, practical solutions to a wide variety of client concerns, we ensure complete customer satisfaction. We offer specific support to our clients in critical solutions by harnessing the skill and experience within the group. With our comprehensive understanding of various business challenges and the associated legal practices, we strive to enable our clients to successfully meet ongoing challenges and upcoming opportunities. Through every phase of growth of our client’s business (from incorporation to a fully grown/matured business), we assist business owners, management teams and shareholders involved in making the key decisions that help determine long-term success. Working in co-operation with our clients, we provide result oriented service and efficient implementation of corporate dealings.
Services & Capabilities.
To build a firm foundation we work with new ventures in the following areas:
- Determining the appropriate business entity, tax status and jurisdiction.
- Structuring and formation of new entities.
- Foreign Investments, Joint Ventures, Foreign Collaborations and Technology Absorption.
- Setting up of branch offices, liaison offices or project offices.
- Tax planning.
- Developing and documenting shareholder agreements.
- Creating executive employment agreements and ESOP Plans that attract and retain key leadership.
- Identifying and securing intellectual property via patents, trademarks, and copyright protection.
- Creating business financing strategies.
- We further provide advice regarding ongoing business needs and transactions including.
- Distributorships, Sales agreements.
- Stockholders’ buy-sell agreements.
- Franchise agreements.
- Intellectual property and license agreements.
- Outsourcing agreements.
- Licensing agreements and technology transfers, including software hardware and other products and services.
- Trade practices, advertising and promotions.
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