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Corporate Law Services
While there exists no statutory definition or scope of corporate law, the term is usually used to refer to the body of law which encompasses and governs the rights, relations, and conduct of persons, companies, businesses, organizations, and other enterprises.
Broadly this branch of law regulates the ways in which companies, their shareholders, investors, employees, directors, creditors and other stakeholders including their consumers, the public, and the environment all interact with each other. Typically corporate law is deemed to fall under the larger subset of company law and is a branch of civil law which deals with matters under both private and public law.
The primary objective of this domain of law is to supervise the legal and external issues arising in the business of companies including litigation, compliance, mergers and acquisitions, international trade issues, contractual matters, labour matters, finance, etc. Typically the lawyers practicing in this domain are tasked with the governing and protecting the legality of commercial transactions. The regulatory bodies in this regard include the Securities and Exchange Board of India (SEBI), the Reserve Bank of India (RBI), the Competition Commission of India (CCI), the Reserve Bank of India (RBI) etc.
Areas of Practice
Several areas come under the ambit of corporate law including but not limited to the following areas:
Real estate: A significant amount of corporate legal work arises in the area of corporate real estate, which basically involves the real estate acquisitions of companies. Our team is fully experienced on aspects pertaining to investments, sales, property acquisitions, leases, joint ventures and so on.
Corporate restructuring: This involves the process of changing the composition of firm’s business portfolio/s in order to make the business more profitable and efficient. Our team will ensure that the restructuring of your corporation is conducted in compliance to all legal mandates and that the corporation can move forward on both legally and fiscally profitable and secure bases. Corporate restructuring involves the domain of mergers and acquisitions which are quite technical legal topics covered under the Companies Act, 2013 and require proper due diligence, knowledge in negotiation and structuring deals, drafting non-compete clauses, deciding the proper form of restructuring which will facilitate your business, etc. We, as a well-equipped corporate law firm based in Ahmedabad, will be happy advise and assist you in the best way to restructure your business.
Corporate litigation: This domain does not just entail the idea of different companies suing each other but also encompasses any type of legal proceeding which concerns a business organization and advising in this regard can entail counseling in taking steps to avoid litigation and also managing actual legal disputes. There are several technical aspects to corporate litigation that a lawyer might be needed to have knowledge and these include (but at not limited to) the following: labour and anti-discrimination laws, compliance with corporate governance and new accounting regulations, ensuring shareholders rights stand protected in lawsuits, overseeing a company’s tax planning and seeing if there is appropriate tax compliance, tort and other breach of contract issues, corporate real estate issues, etc. A significant number of cases in the domain of corporate litigation in fact arise in the area of tax litigation under GST or Income Tax Act. Apart from the same, litigation may arise or required to be initiated in the matters of disqualification of a director under Companies Act and removal thereof and in the matters of oppression and mismanagement.
International Capital Markets: Corporate lawyers working in this area typically work in close proximity to banks, FIIs, asset management companies, venture capitalists, etc and regularly counsel in the matters related to private placements, IPOs, institutional placements, foreign currency convertible bonds, and several other high end transactions.
Refinancing: Several businesses choose to involve legal professionals in their negotiations and dealings with banks and other corporate financial entities. The lawyers have the responsibility of negotiating the most favorable terms while dealing with banks and ensuring that the implications of the proposals so made are duly adhered to.
Banking and finance:This is one of the busiest areas of corporate litigation wherein the lawyers are typically needed to advise in debt restructuring, syndicate lending, project and leveraged finance, acquisition finance, structured projects and so on. The stakeholders in this domain typically include financial institutions like banks, MNCs, and non-banking financial companies.
Private equity and venture capital transactions: The legal professions work in matters related to a range of services related to private equity funds, ranging from the form and structuring of these funds to counseling on primary and secondary investments. Often times, the work encompasses helping clients exiting and enforcing contractual rights in disputed settlements. In order to be able to assist you with in these issues, lawyers are required to possess thorough understanding of the country’s regulatory landscape along with knowledge of promoters and counterparties across various sectors.
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