LEGAL SERVICES IN INDIA

General Corporate & Commercial Law 

Our professionals have market leading reputation in advising clients on complex, high stake, domestic and multi-jurisdictional corporate transactions. Though our corporate practice in India is spread across our offices located in different parts of the country, all our professionals work together and use their years of experience and in-depth understanding of the industry to deliver solutions best suited to a client’s requirements. We have advised various clients representing nearly every sector of industry on a broad spectrum of legal issues through all stages of corporate transactions, right from the setting up of companies and beyond. Our corporate legal services include:

  • Setting up operations in India, including applying for and obtaining all necessary approvals and compliances, as well as handling the various legal and regulatory issues arising out of structuring of businesses.
  • Legal Advisory Services on International Projects in India, and for cross-border Joint Ventures.
  • Mergers & Acquisitions, and all associated legal and financial Due Diligence.
  • Matters concerning Company Law, corporate social responsibility, duties of Directors, Partnerships, Limited Liability Partnerships, and Foreign Direct Investment. 
  • Corporate Restructuring, Exit Strategies, Winding-up, and repatriation of proceeds.
  • Agreements including Pre-incorporation contracts, Share Purchase Agreements, and Share Holders Agreements.

We also run a highly regarded commercial law practice, advising and working on the day-to-day legal issues concerning commercial & business affairs, legal structuring of commercial arrangements, corporate legal affairs, forming legal entities in India and overseas, corporate transactional matters, commercial contracts and documentation. Our team works to offer commercially viable solutions and strategies to overcome some of the most complex legal and regulatory issues arising in the running of businesses. We regularly work on:

  • Structuring, drafting and negotiating various types of commercial contracts. 
  • Assisting businesses in technology transfer processes.
  • Supporting strategic alliances of businesses in the form of licensing, outsourcing, and franchising. 
  • Advising Companies on Labour and Employment Law related matters.

Intellectual Property

Ideas, products, and brands are increasingly facing infringement threats in today’s world, particularly in the digital arena and over the internet. We understand the competitive advantage that businesses enjoy on building and owning intellectual property assets, and the associated challenges in protecting them, and offer services protecting intellectual property, including patents, trademarks, copyrights, designs and other types of intellectual property. We advise on the various Intellectual Property Rights protections available and assist in the registration of various kinds of intellectual property, and their enforcement. We also provide support during IPR related negotiations for the creation of complex corporate structures based on intellectual property. :

Our Intellectual Property services include:

  • Trademark: We undertake registration and enforcement of our clients’ trademarks across jurisdictions and help them establish an instantly recognizable presence.
  • Copyrights: We support clients in protecting and managing copyrights they own across jurisdictions and secure their interests through effective enforcement.
  • Patents: We assist our clients in filing patent applications and provide guidance on preparing the relevant documentation to maximise acceptance. We also provide support for patent licensing and represent clients in the event where any legal dispute arises in India.
  • Technology Transfer: In a world where technological innovation is increasing rapidly in nearly every industry, transferring such technology is essential to make it more accessible to businesses and consumers alike. Our team has extensive experience in providing support and guidance at every stage of the Technology Transfer process, facilitating clients to utilise a wide range of technological innovations to maximise profits globally.

Taxation

We offer a broad range of tax advisory services, including for both direct and indirect taxes in India. Our in-depth knowledge of the various industries enables us to provide accurate legal advice on various complex issue of taxation, helping businesses remain compliant as well as competitive. Our tax advisory services include:

  • Direct Tax Advisory:
    • oWe regularly advise on the tax implications in General Corporate Transactions, Mergers, Demergers, Acquisitions and Corporate Reorganisations, and assist businesses to formulate tax efficient and legally compliant income repatriation strategies.
    • oWe provide guidance in setting up efficient business structures within the bounds of Indian law and various international treaties to ensure compliance and avoid double-taxation.
    • oWe advise on the tax aspects of succession planning, other family arrangements, and formation of Trusts.
  • Indirect Tax Advisory:
    • oWe regularly advise on State-level Value Added Tax (VAT), the Goods & Services Tax (GST) framework, and on Custom and Excise duties.
    • oWe assist businesses to determine applicable taxes and availability of tax benefits/exemptions.
    • oWe also advise on tax breaks and incentives granted to SEZ Unit, EOUs, and STP Units.
  • International Tax Advisory:

    • We advise on the tax aspects of a range of complex cross-border and domestic transactions on areas including:

    • oRestructuring of investments
    • oAdvising on transnational joint ventures and collaborations
    • oIndia entry and exit strategies
    • oGlobalization of Indian enterprises abroad
    • oIssues relating to multilateral tax treaty interpretation
    • oIssues concerning Transfer Pricing.

Dispute Resolution

Our team of experienced professionals provide quality legal representation to our clients in all areas of law, particularly in complex commercial matters. In addition to this, our international capabilities enable us to offer support to our clients in international commercial arbitration. Our services in Dispute Resolution include:

  • Litigation: Our team consists of eloquent and proficient litigators with several years of experience in handling a variety of matters with a high success rate. Some of the areas that our litigation team cover include:
    • oCivil disputes including Personal Injury, Torts, Debt Recovery, Mortgage Claims, Insurance Claims, and Property Disputes.
    • oCriminal defense services to our clients against all kinds of offenses, including economic offenses, and our lawyers strive to obtain the best possible outcome in each case.
    • oProtecting the Constitutional Rights of individuals and businesses through instituting, representing, and arguing for them in Writ Petitions in the High Courts of India.
  • Arbitration: Our experienced team ensures timely resolution of commercial disputes through Arbitration, and our international capabilities also enable us to effectively carry out our arbitration practice internationally.

PRACTICE AREAS IN EUROPE

Overture: Our multilingual professionals provide high quality legal services in Europe through our office in Barcelona, and through our extended presence in several major European financial hubs through our Associate Offices and our collaboration with the Indian Desks of several prominent European law firms. Our areas of practice include:

Corporate 

Our European Corporate Law practice is tailored to provide support to businesses, and our long-standing presence in Europe has equipped us with knowledge of local regulations and business practices, which enables us to provide the finest legal services in the region. We provide comprehensive advice on Spanish corporate law matters right from the incorporation of companies to the extinguishment of their legal personality, and everything in between. Our services include professional support in the following tasks:

  • Setting up companies: We assist in incorporating companies in Spain, acquiring Spanish companies, and working on all associated regulatory and compliance procedures.
  • Mergers & Acquisitions: We specifically support foreign incorporated companies to acquire Spanish companies and handle all legal and regulatory processes associated with the same, including working on relevant documentation like share purchase agreements.
  • Joint Ventures: We support companies to enter Joint Ventures by preparing relevant agreements and handling all associated legal aspects.
  • In addition to the above, we assist companies in negotiating and preparing various commercial contracts like franchisee and distribution agreements for clients from across the world.

Labour & Social Security 

Our professionals have expertise in accounting and labour law compliance review and advise regularly on payroll and social security related issues. Moreover, we prepare and review labour contracts, and provide management advice for companies. Our multilingual professionals also ensure that all legal issues are promptly rectified in a time-bound manner to ensure that the businesses of our clients continue without interruptions.

Taxation

Our tax practice is led by lawyers having a wide range of experience in both direct and indirect taxes. Our specialisms include resolving issues pertaining to corporate tax, professional tax, resident tax, and cross-border taxation. In addition to this, we regularly conduct tax due diligence, and assist companies and individuals in complying with tax laws.

Bankruptcy & Liquidation

We understand that companies require reliable professional legal support during Bankruptcy and Liquidation proceedings. Our lawyers provide assistance to companies facing liquidation, and bankruptcy proceedings. Moreover, we are proficient in preparing the various necessary documentation in this regard and presenting the same in the Mercantile Court.

Intellectual Property

Our team of dedicated professions work relentlessly alongside companies to protect and preserve their intellectual property, and their rights to them. We advise companies on the strategies they could utilise to protect intellectual property and guide them on legal remedies for any infringement or violation of their intellectual property rights.

Immigration

At times, companies may have to bring talent from overseas to better the functioning of their businesses. We regularly advise on Spanish Immigration Law, with particular focus on corporate immigration, catering to the needs of companies seeking to recruit from overseas. In addition to this, we provide legal support to individuals and businesses looking to immigrate into Spain and reside here through various routes, including the Investor Visa, and the Highly Skilled Professional Visa.

Dispute Resolution

Our professionals have years of experience in Arbitration and Mediation, having successfully resolved several commercial disputes over the years while protecting the business interests of clients. In addition to this, we provide litigation support in Spain in all areas of law, including civil, criminal, and commercial legal proceedings.