A significant component of this practice and area of experience is corporate legal advisory and transactional practice which covers advising on day-to-day business legal issues, diverse corporate legal affairs, formation of legal entities in India and overseas, corporate transactional matters, commercial contracts and documentation of corporate compliances. We at PASS & ASSOCIATES advises clients on the structuring and setting up of operations in India and the Legal, regulatory and tax aspects of doing business in India. The other aspects of the Corporate Legal affairs we advise on are as follows:
- Formulating entry strategy in India including setting up Liaison Office, Branch Office and wholly owned subsidiary.
- Advise on 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 and also assist in obtaining necessary regulatory approvals from government authorities (including but not limited to the Foreign Investment Promotion Board, Reserve Bank of India, Ministry of Finance etc.)
- Incorporation of the company involving drafting and filing of the relevant incorporation documents with the Registrar of Companies.
- Advice on complying with various regulations of the new Companies Act, 2013
- Implementation of Corporate Governance.
- Restructuring, including demerger/spin-off a division into a separate company, merge two companies into one, company buy-back of its shares, alteration of share capital, voluntary and creditors’ winding-up of its operations, approval of the High Court or other regulatory authorities, repatriation of the proceeds, with continuity of tax-benefits post-restructuring.
- Advising corporates on an on-going basis on the legal and regulatory issues of day-to-day general nature, including issues relating to the quorum, location, composition, agenda and resolutions for meetings of the board of directors and shareholders.
- Vetting of agreements such as employment, consultancy, confidentiality, services, strategic alliance, intellectual property licenses etc.
- Competition law, including unfair trade practices and anti-competitive practices.
- Due Diligence
