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| Arbitration and Dispute Resolution |
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| We work towards achieving positive results while striking a balance between our client’s commercial goals on one hand and addressing legal and regulatory concerns on the other. Our team interacts and coordinates with renowned counsels who assist in resolving and amicably settling disputes under Arbitration & Conciliation Act, 1996. Our team is also involved in drafting of complaints, rejoinders, applications, etc during the arbitration process. |
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| Competition / Anti-Trust |
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| Economic liberalization coupled with an effective anti-trust legislation which ensures competition and free trade has been accepted world over. The Monopolies and Restrictive Trade Practices Act, 1969, (“MRTP Act”) which is presently the governing law in relation to restrictive and unfair trade practices in India is sought to be replaced by the Competition Act, 2002. Though the Competition Act received Presidential Assent it is not fully enforced. The provisions for anti-competition under Companies Act, 1956 also merit attention, especially for M&A transactions. |
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| Our team advices on various aspects of antitrust laws including Monopolistic and Restrictive Trade practices and Unfair Trade Practices, making applications to regulatory authorities, antitrust safeguard measures, examining the agreements to ensure compliance of the antitrust regulations, etc. |
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| Corporate Advisory |
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| ARA LAW offers a comprehensive array of Corporate Advisory Services. Our team comprises of qualified company secretaries and lawyers equipped to advise on all aspects of corporate laws, securities laws including providing valuable assistance on corporate governance and reporting requirement for listed companies. |
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Assisting incorporation of Private & Public Limited companies |
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Drafting Memorandum and Articles of Association and in particular incorporating the provisions under the Shareholders’ Agreement |
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Assisting in the drafting applications seeking approval for establishment of Liaison Office/Representative Office, Project Office, Branch Office and coordinating the approval process with Registrar of Companies and Reserve Bank of India |
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Drafting notices to be sent to shareholders, statutory minutes, etc |
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Updating statutory registers (such as Register of Members, Register of Directors, Register of Related Party Transactions, etc |
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Advising on rights and privileges available under law to different security holders, such as, Equity Shares, Preference Shares, Warrant Holders, Debenture Holders, GDRs, etc |
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Advising on differential voting rights provisions and compliances |
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Advising on reporting requirements and compliances under SEBI Insider Trading Regulations |
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Drafting Code of Conduct for listed companies |
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Assisting listed companies with corporate governance and other reporting requirements to be filed with various Stock Exchanges, Securities and Exchange Board of India and other regulatory authorities |
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Advising and assisting on on-going compliances and reporting requirements before Registrar of Companies |
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| Employment |
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| The equation between an employer and employee needs to be dealt with cautiously as the laws and regulations governing such relationships tend to be intricate and baffling for the most part. We step in to assist and equip our clients with effective mechanisms to be able to deal with the plethora of employment related issues that may arise by: |
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Advising on the applicability of various labour laws required to establish operations in India |
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Advising on retrenchment, lay-offs and other termination related laws and concerns |
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Advising on tax implications and labour law issues arising from any merger, acquisition, transfer, sale or any other type of corporate restructuring |
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Assisting with employee stock option plans ("ESOPs") and share purchase schemes |
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Drafting Employment Agreements, Non-compete Agreements, Non-disclosure Agreements, Proprietary Information and Assignment Agreements, Confidentiality Agreements, Separation and Termination agreements |
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Advising on remuneration restrictions under law |
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Prosecuting or defending of claims of wrongful discharge, discrimination, harassment and protection of intellectual property |
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Drafting, examining and introducing policies dealing with sexual harassment, discrimination, privacy issues, leave and other issues that may arise. |
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| Intellectual Property |
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We have had the opportunity of advising several Indian and international clients on how to advantageously exploit their intellectual assets in India and continue to do so on an on-going basis. We are proficient in dealing with a variety Intellectual Property related issues which includes Trademarks, Copyrights and Industrial Design Laws.
Our Intellectual Property practice inter alia includes: |
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Drafting, filing and registration of applications in respect of copyrights, trademarks and designs |
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Advice on data protection laws and restrictions in India |
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Drafting, assessing, negotiating and reviewing of a variety of Intellectual Property Agreements, keeping in mind the requirements of every specific sector |
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Advising on issues arising from trademark opposition, contraventions, infringement including defense and prosecution strategies, revocation and modification, creation of charge on trademarks |
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Conducting due diligence with respect to the concerns, risks and liabilities involved in any transaction |
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Providing of legal opinions and resolving of any client queries; |
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Assignment of trademark, franchisees and issue of licenses pertaining to any transaction |
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Drafting of Name License Agreements, Franchisee Agreements, Trademark Assignment Agreements, License and Assignment Agreements for Copyrights, etc. |
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| Regulatory |
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| Despite major economic and financial reforms, India continues to have a rather complex regulatory framework in place. We provide valuable support, guidance and assistance right from the stage of drafting, filing, and regular follow up till such time that our clients obtain the requisite approvals. The importance of regulatory assessment plays a key role whilst structuring any transaction. |
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| ARA LAW assists in drafting, making applications and liaison the approvals process with several regulatory authorities in India, including the Foreign Investment Promotion Board (FIPB), Reserve Bank of India (RBI), Securities Exchange Board of India (SEBI), Ministry of Information & Broadcasting, Department of Telecommunication, Stock Exchanges, Registrar of Companies, Company Law Board, Regional Directors, Ministry of Home Affairs, Insurance Regulatory & Development Authority, etc. |
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| Tax |
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| ARA team provides considerable transaction tax advisory services that include advice on: |
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Double Tax Avoidance Agreements |
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Selecting a tax efficient investment jurisdiction |
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Tax considerations and structures for obtaining pass-through benefits for domestic private equity funds |
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Promoter shareholding and family shareholding structures in case the group has multiple business interests with a focus on putting in place appropriate succession mechanism |
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Tax holiday benefits available for various sectors, such as, Information Technology, Infrastructure, Green field projects, etc. |
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ESOP and fringe benefit taxes |
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Capital gains tax implication on transfer of shares. |
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December 6, 2008 |
| Further measures announced by RBI for managing liquidity and enhancing growth |
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October 16, 2008 |
| Enhancement of FII investment limits in Corporate debt and dispensing with the requirement of 70:30 investments in equity and debt |
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February 25, 2009 |
| Amendments to SEBI (Disclosure and Investor Protection) Guidelines, 2000 |
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April 29, 2009 |
| Buyback / Prepayment of Foreign Currency Convertible Bonds (FCCBs)and Loans to Non-Residents/third party. |
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May 6, 2009 |
| New regime for Private Equity (PE) investments likely soon | |
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