Legal Services
Commercial Law, Drafting and Vetting of Documents/ Notices
Performance of agreements or obligations under business arrangements depends on the quality and clarity of the documents so executed to ensure that every party to such understanding provides their services without any confusion. If the expected performance is not delivered, the document must provide for a remedy for the aggrieved party, either through arbitration or the right to approach the appropriate court of law. A competent law firm would always guarantee that the contents are clear and that there is never a time when interpretation of such documents results in conflicting views. The intention is for commerce and business to proceed smoothly, with none of the parties concerned having to worry about potential disputes in the future.
The Indian Contract Act of 1872 serves as the foundation for the majority of agreements or understandings. The Sale of Goods Act of 1930, the Transfer of Property Act of 1882, laws concerning intellectual property rights, and the Negotiable Instruments Act of 1882 are just a few examples of the supporting laws that are inherent in the drafting of documents that establish the rights and obligations of contracting parties. Any legal document must follow a certain format in order to be valid. It must be signed using the correct stamp duty amount, and it must include a number of recitals, such as the parties’ names, the objectives they hope to achieve, their intent, a clause outlining how they will terminate their agreement, a clause stipulating that any disputes must be resolved through mediation or arbitration, and so on.
Incorporation of Companies and Limited Liability Partnerships (LLPs), Mergers, Amalgamation, Acquisition, Compromise & Arrangement
Laws grant Corporations and LLPs the status of distinct legal entities. These corporate entities are the foundation of the economy, and practically all significant manufacturing and service-related operations are conducted under their identities. These entities are subject to various tax-related rules of the nation and are able to obtain loans in their own names. These regulations offer the promoters who form these corporations ease of doing business and freedom to shut down their operations whenever they choose. The successful operation of such companies’ businesses depends heavily on the experience of company secretaries and chartered accountants in the fields of incorporation and taxation. Because to their ability to draw both foreign institutional investors and foreign direct investment, these corporate individuals have a significant positive impact on India’s economy.
Company Law, which deals with the structure, management, administration, and conduct of affairs of Companies, takes critical relevance in the corporate legislative milieu given the growing emphasis on adherence to rules of good corporate governance. Corporates and individuals may need assistance when making strategic mergers and acquisitions, joint ventures, corporate restructuring, and other business moves.
How SalahKaro can help you?
Commercial Law, Drafting and Vetting of Documents/ Notices
- Assistance on contract negotiations and closing.
- Agreements are drafted after transactions are completed to prevent confusion.
- Creating notices for a remedy or payment for agreement breaches.
- Writing appropriate responses to legal notices that have been received in the course of business.
- Bringing claims in the arbitration process, selecting qualified arbitrators, and invoking arbitration clauses in contracts.
- Creating, submitting, and opposing legal documents for business lawsuits.
- Where necessary, appeals should be filed with the appropriate court.
Incorporation of Companies and Limited Liability Partnerships (LLPs), Mergers, Amalgamation, Acquisition, Compromise & Arrangement
- Information on how to change a proprietorship into a company or LLP.
- Advice on the legal requirements, corporate structures, and governance; how to draught articles of association and memorandums of association; how to incorporate with the Registrar of Companies (ROC); how to apply for a director identification number (DIN); and how to get a certificate proving the start of a business.
- listing on the BSC or NSC and instructions for maintaining periodic listing compliance.
- Executing corporate purchases, mergers, and amalgamations, preparing the relevant paperwork, and, if necessary, turning to the Company Court.
Intellectual Property
- Registering your intellectual property, such as your trademarks, copyrights, patents, designs, and geographical indications, and supporting you in submitting the application and opposing it before the appropriate tribunals;
- Until the final issuance of Certificates is given, preparation of arguments, expression of ideas, counsel, and legal representation before Tribunals.
Insolvency and Bankruptcy Law (IBC)
- Drafting and submitting petitions in the Company Court for the start of the Corporate Insolvency Resolution Process (CIRP) or the insolvency of personal guarantors, private citizens, or partnership firms
- Advice on corporate liquidations and personal bankruptcies.
- recommending the names of qualified insolvency professionals whom the court may employ to further the insolvency procedures
- Advice on how to navigate the insolvency and liquidation proceedings to safeguard the company’s interests and prevent outside parties from attacking it.
- Personal guarantors are given advice when corporations or individuals declare themselves insolvent or bankrupt so they can take advantage of the chance to quickly restart their lives and businesses.
- Pre-bankruptcy advice for businesses showing signs of insolvency
Debt recovery under SARFAESI Act/ DRT Act for Banks, Financial Institutions (FI), and Asset Reconstruction Companies (ARCs)
- Making arguments on behalf of clients to ensure a favorable judgment in their favor, drafting and filing recovery applications with DRT, executing of the recovery certificate, attachment of the guarantor’s personal assets, and sale assets covered by the recovery certificate are all examples of services that are provided.
- On behalf of Financial Institutions, we draught notices in accordance with Section 13(2) of the SARFAESI Act, handle responses we receive to those notices, apply to the DM/CMM for custody of the secured asset, coordinate with the police to take actual physical possession, assist with the delivery of the proper notices on the secured asset, draught a CL Notice to be published in the newspaper, conduct sale marketing, and issue a sale notice.
- We evaluate and direct the legality of the activities for the Borrowers against whom SARFAESI action has been filed by a bank or Financial institution in order to protect their interest.
- Advice on how to conduct legal due diligence on the assets purchased with ARCs.
Recovery of Outstanding of Micro, Small and Medium Enterprises (MSMEs)
- If a payment to an MSME is not made within 45 days, the preparation of legal notices for the release of outstanding payments.
- If the money is still not released, you can file a complaint and argue your case before the Facilitation Council.
Labor Laws/ Industrial Relations
- Providing direction to employers and establishments for the systematic observance of all applicable labor rules, creating a gratuity fund, or making PF or ESI contributions.
- Examining and responding to the Inspectors’ or Commissioners’ notices of non-compliance in order to prevent penalties and punishment.
- Assisting employers in creating and training their own HR teams and informing them of legal obligations.
- Assisting employers in trade union talks or meetings over employee welfare initiatives or salary increase requests for the establishment’s peace and quiet.
E-Commerce
- Helping e-commerce companies put up platforms that adhere to all applicable legal requirements, including information technology law, cyber law, consumer law, privacy law, and law governing the sale of goods and services.
- Advice to the aforementioned platforms when creating their rules and legal content for website display, such as the terms of service, cookie policy, etc.
- Assisting with legal compliances for legal metrology.
- Conducting due diligence and creating papers for vendor interactions.
