Business Legal Compliance in India

Legal compliance is when the internal, state and central laws and regulations are followed by customers, businesses, vendors and employees. The main aim of an ongoing legal compliance program is to protect the organization, its key people from excessive fines and unwanted litigation. 

Post COVID-19 pandemic, the objective of Risk Management can be well understood by companies. Risk management refers to envisaging potential risks in advance, then analyzing them and taking precautionary steps to reduce/curb the assessed risk. With an increase in the number of catastrophic events, their impacts have become more pervasive. It affects the profitability and cash reserves. Hence, one needs to have appropriate controls and strategies in place.

It’s now more essential than ever to reinvent and reassess businesses by using people, technology and processes to improve your business performance and make your company more resilient. As a result, infrastructure and traditional business models need to adapt. 

The services under business legal compliance will be based on the following assessments:

• Nature of business and its current scale – Applicable legal services and gap analysis
• Management business objectives and vision statement
• Internal challenges with reference to management disputes, liquidity crunch, taxation, etc
• External challenges with reference to regulatory requirements, business threats etc.

Services Offered Under Business Legal Compliance in India:

Transaction Advisory Services

Business Advisory Related to Constitution:

• Advisory on drafting and vetting of documents such as Company Memorandum and Articles of Association, Partnership Deeds for partnership firm or Limited Liability Partnership, Registration and necessary compliances etc.
• Tax advisory about related compliances

Investment Advisory Services:

• Financial modelling and formation of a business plan
• Identifying strategic partners
• Term sheets – Draft | Negotiation of terms and conditions | Execution
• Memorandum of Understanding (MoUs) in connection with general business practices or definite requirement, support in negotiation of terms
• Legal and commercial aspects of a joint venture and vetting of JV Agreement
• Important commercial and legal aspects in Share Purchase Agreements/Share Subscription Agreements, liaison services with legal advisors/lawyers representing clients
• Valuation services
• Legal, tax, and financial due diligence
• Tax planning and advisory on intended structuring

Professional Support in Government Contracts:

• Study project viability from financial and tax perspective in government tenders
• Advisory services on Legal structure with ease of compliance
• Negotiation of terms and conditions of agreement for infrastructure projects.
• MSME registration for receiving benefits from government contracts
• Tax advisory & compliance

Other Commercial Arrangements:

Advise on terms and conditions of various commercial agreements such as –

• Leave and License
• Lease Agreements
• Service Agreements
• Franchise Agreements
• Employee Stock Option Plans
• Settlement Agreements
• Power of Attorneys
• Guarantee Agreements
• Mortgage Deeds, Hypothecation Agreements

Tax Advisory:

• Registration of aforesaid documents with the respective authorities and related compliance

Real Estate Advisory Services

• Debt and private equity fundraise for developers at PAN India level for land acquisition/construction funding/take over of stressed real estate assets.
• Joint development and joint ventures with developers
• Industrial and warehousing developmental proposals
• Advisory services on large residential projects

Drafting of All Legal Agreements Related to Property Matters

• Development Agreement, Agreements Related to Slum Rehabilitation Activities
• Power of Attorneys
• RERA Application and Registration
• Public Notices
• Tax Planning and Advisory
• Registration of Aforesaid Documents With Respective Authorities
• Assistance in Related Compliance and Certification
• Representation Before Authorities, Where Needed

Recovery Proceedings

• Guidance on legal remedies before invoking Sec.138 cheque bouncing cases
• Drafting recovery notices
• Extending support to management for recovery with reference to legal possibilities, tax and regulatory aspects etc.
• Assistance in related compliance as well as certification

Insolvency and Bankruptcy Resolution Services

• NCLT applications like Sec.7, Sec.9, etc.
• Demand Notice Under IBC
• Interlocutory Applications
• Public Notice
• Tax Advisory and Opinions on the Legal Structure of Proposed Resolution.
• Assistance in Related Compliance and Certification
• Drafting and Vetting the Petition and Appearance Before the NCLT

IPR Registration Services

• Trademark Availability Search
• Assistance in Drafting and Filing a Single-Class Application
• Assistance in Drafting and Filing an Application in Each Additional Class
• Patent Licensing Agreement
• Representation Services

Tender Documentation

• Assistance in drafting the tender advertisement and tender documents
• Assistance in drafting tender contracts