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CORPORATE & COMMERCIAL

  • Corporate and commercial laws in India form the backbone of the legal framework that governs business activities, transactions, and corporate governance in the country. These laws ensure that businesses operate within a structured legal environment, providing a foundation for economic growth and stability.

Corporate Laws:

  • Companies Act, 2013: This is the primary legislation governing the incorporation, management, and winding up of companies in India. It lays down the legal framework for company formation, director duties, corporate governance, and shareholder rights.
  • Limited Liability Partnership (LLP) Act, 2008: This act governs LLPs, which combine the benefits of a partnership with limited liability. It provides for the formation, management, and dissolution of LLPs.
  • Insolvency and Bankruptcy Code (IBC), 2016: The IBC provides a unified framework for the resolution of insolvency and bankruptcy for individuals, partnerships, and companies, ensuring timely resolution and maximization of asset value.
  • Securities and Exchange Board of India (SEBI) Regulations: These regulations govern the securities market in India, including the issuance and trading of securities, insider trading, and the protection of investors.
  • Competition Act, 2002: This act aims to promote fair competition in the market, prevent anti-competitive practices, and ensure consumer welfare by regulating mergers, acquisitions, and other business practices.

Commercial Laws:

  • Indian Contract Act, 1872: This act governs contracts in India, laying down the general principles of contract law, including the formation, performance, and enforcement of contracts.
  • Sale of Goods Act, 1930: This law regulates the sale and purchase of goods, including the rights and obligations of buyers and sellers.
  • Negotiable Instruments Act, 1881: Governs the use of negotiable instruments such as cheques, promissory notes, and bills of exchange, and outlines the legal framework for their transfer and settlement.
  • Arbitration and Conciliation Act, 1996: Provides a legal framework for arbitration and conciliation in India, promoting alternative dispute resolution mechanisms for commercial disputes.
  • Intellectual Property Laws: These include various acts like the Patents Act, 1970; Trademarks Act, 1999; Copyright Act, 1957; and the Designs Act, 2000, which govern the protection of intellectual property rights in India.
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Our Role

Arvind Attorneys is dedicated to providing comprehensive legal services across the spectrum of corporate and commercial laws in India.

Corporate Governance and Compliance:

  • Corporate Governance Advisory: We provide expert advice on corporate governance practices, ensuring compliance with the Companies Act, SEBI regulations, and global best practices. This includes advising on board composition, director duties, shareholder rights, and ethical practices.
  • Regulatory Compliance: Our firm assists clients in navigating the complex regulatory environment, helping them comply with various statutory requirements, including filings with the Registrar of Companies (ROC), SEBI, and other regulatory bodies.
  • Competition Law Advisory:
    • Antitrust Compliance: We advise clients on compliance with competition laws, including the Competition Act, 2002. Our services include assessing the impact of mergers and acquisitions on competition, advising on antitrust issues, and representing clients before the Competition Commission of India (CCI).
    • Cartel Investigations: We represent clients in cartel investigations, advising on leniency applications, and defending against allegations of anti-competitive practices.
  • Corporate Restructuring and M&A:
    • Mergers and Acquisitions (M&A): We provide end-to-end legal support for mergers, acquisitions, joint ventures, and corporate restructuring activities. Our services include due diligence, drafting and negotiating transaction documents, obtaining regulatory approvals, and ensuring compliance with all legal requirements.
    • Corporate Restructuring: We assist companies in restructuring their operations, capital, or ownership to improve efficiency, manage debt, or prepare for growth. This includes advising on amalgamations, demergers, and spin-offs.
  • Contract Drafting and Negotiation:
    • Drafting and Reviewing Contracts: Our firm specializes in drafting, reviewing, and negotiating a wide range of commercial contracts, including joint venture agreements, supply agreements, franchise agreements, and service contracts. We ensure that contracts are legally sound, clear, and enforceable.
    • Contract Dispute Resolution: In the event of a contract dispute, we provide representation and advice to protect our clients’ interests, whether through litigation, arbitration, or mediation.
  • Dispute Resolution and Litigation:
    • Commercial Litigation: We represent clients in commercial disputes before various courts, tribunals, and regulatory authorities. Our expertise covers a wide range of issues, including shareholder disputes, breach of contract, and competition law violations.
    • Arbitration and Mediation: We offer alternative dispute resolution services, including arbitration and mediation, to resolve commercial disputes efficiently and cost-effectively. Our team is experienced in handling both domestic and international arbitration matters.
  • Insolvency and Bankruptcy:
    • Insolvency Advisory: We advise companies, creditors, and other stakeholders on insolvency and bankruptcy matters under the IBC. Our services include representing clients in insolvency proceedings, advising on debt restructuring, and assisting with the resolution process.
    • Corporate Insolvency Resolution Process (CIRP): Our firm provides legal support throughout the CIRP, including filing applications with the National Company Law Tribunal (NCLT), drafting resolution plans, and representing clients in insolvency proceedings.
  • Intellectual Property Protection:
    • IP Registration and Protection: We assist clients in registering and protecting their intellectual property rights, including patents, trademarks, copyrights, and designs. Our services also include drafting licensing agreements and handling IP litigation.
    • IP Strategy: We provide strategic advice on managing and monetizing intellectual property assets, including IP portfolio management and enforcement strategies.