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ARA LAW’s TMT team is well appreciated as one of the leading TMT teams in India. Mr. Rajesh N. Begur, Managing Partner has been ranked amongst India’s leading TMT lawyers by Asia Pacific Legal 500.  
   
ARA LAW represents a diverse group of national and multinational corporations, telecom, media, information technology companies, television companies, venture capitalists, investment bankers, banks and financial companies. Over the years we have advised and counseled a number of companies in the TMT space on varied regulatory, structure, documentation and transactional matters. Our area of services inter alia includes:  
   
Structuring the transaction keeping in view RBI regulations, FDI regulations, provisions of the Income Tax Act, SEBI, DTAAs, and the exchange controls regulations;
Identify regulatory hurdles at an early stage and work towards developing potential solutions;
Conducting legal due diligence;
Drafting applications and assist in following-up with Ministry of Information Broadcasting, Department of Telecommunication, Ministry of Home Affairs, Reserve Bank of India and other regulatory authorities;
Seamlessly combining and coordinating the M&A and Private Equity teams on transaction advisory services;
Assisting in drafting, negotiating and execution of the transaction documents;
Advising on intellectual property registrations, licensing and other regulatory issues;
Advising on statutory compliances, reporting requirements, corporate resolutions, etc for the transaction;
Assisting in cross-border transactions whilst working in tandem with the foreign counsel.
 
 
Telecom
   
ARA LAW has a formidable reputation in broadcast, satellite, cellular and basic telephony. Over the years we have advised and counseled a number of telecommunications companies on varied regulatory and transactional matters. ARA LAW’s telecom team provides a full spectrum of telecommunications advice, regarding regulation and transactions in a variety of sectors, including wireless and broadband, Internet and e-commerce, HITS, etc. ARA LAW has also advised a number of companies on the import of telecommunications equipment in India such as the Virtual Private Network (VPN) products. The telecom team coordinates with telecommunications regulators such as the Department of Telecommunications (DoT) and the Telecommunications Regulatory Authority of India (TRAI). Apart from advising on the legal impact of the usage of new technologies, we have been involved in matters involving licensing, financing, contract negotiation, government contracts, legislative issues, labour issues and the acquisition and restructuring of telecom companies. Our expertise includes advising the domestic and international clients on:  
   
Regulatory restrictions and structuring of M&A in the telecom sector
Corporate finance, including , private equity and corporate venturing
Advising telecommunications infrastructure services providers including obtaining regulatory approvals for right of way and other related areas of concerns
Bidding process and acquisition of telecom licenses for various state Circles and other regulatory approvals
IPTV, video on demand, other streaming services, spectrum issues and digital terrestrial agreements
Services, equipment and infrastructure agreements, including outsourcing;
Other debt and equity financings
Establishment of tele-marketing and mass marketing centres across various geographical locations in India
Other regulatory and licensing issues including in connection with implementation of global satellite network
 
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Media
   
ARA LAW has done a considerable amount of work for television and media companies, including assisting in setting up new radio and television channels; drafting and negotiating production agreements; media and advertising agreements; service contracts; agreements with DTH operators, cable operators and MSOs; content licensing agreements; agreements for music, film and other IPR rights; licensing agreements; etc. Drafting of film, music and artist related agreements is another area in which we have gained experience. Our services include advising the domestic and international clients on:  
   
Regulatory restrictions and structuring of M&A in the media sector
Establishment of offshore subsidiaries for their operations
Corporate finance, including securities, private equity and corporate venturing
Mobile TV and content services
Issues pertaining to content production, broadcasting, Guidelines for Uplinking of News and Current Affairs TV Channels from India, CAS (conditional access systems) operations for foreign and Indian news channels and news production houses
Media and entertainment, including the publishing, print and broadcast media, motion pictures, music, dance & theatre and other forms of art and entertainment
Intellectual property rights in media content, software, hardware, databases and other technologies
   
 
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Technology
   
ARA LAW has significant expertise in the establishment of both domestic and international BPOs and software development centers in India. The Firm's information technology practice extends to advising clients in respect of transactions and documentation relating to software development, technology transfers, licensing contracts with telecom carriers and technical services/assistance and business process outsourcing arrangements. The Firm also holds considerable experience in advising on website content, terms of use for clients' web sites, drafting and implementing privacy policies, and on the validity of digital signatures and encryption systems. Our expertise includes advising the domestic and international clients on:  
   
Regulatory restrictions, approval requirements (including from Software and Hardware Technology Parks of India and Special Economic Zones);
Structuring the transaction and advising on tax holiday benefits, Double-Taxation Avoidance Agreement benefits, etc.
Obtaining other business registrations and licenses
Drafting technology licensing agreements and advice on regulatory restrictions
Drafting other agreements, such as, secondment agreements, software license agreement, advisory and cost-plus agreements, etc
Import and use of Virtual Private Network (VPN) products, communications hardware products (e.g. routers), and encryption software for internal communication and related reporting requirements and custom duty issues
Regulatory approvals and regulatory structure for setting up VPN, VoIP and the use of International Private Leased Circuits.
 
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December 6, 2008
Further measures announced by RBI for managing liquidity and enhancing growth
October 16, 2008
Enhancement of FII investment limits in Corporate debt and dispensing with the requirement of 70:30 investments in equity and debt
February 25, 2009
Amendments to SEBI (Disclosure and Investor Protection) Guidelines, 2000
April 29, 2009
Buyback / Prepayment of Foreign Currency Convertible Bonds (FCCBs)and Loans to Non-Residents/third party.
May 6, 2009

New regime for Private Equity (PE) investments likely soon

 

September 18, 2009

Prior approval of RBI required in cases of acquisition/transfer of control of NBFCs accepting deposits

 

September 25, 2009
Revised Code of Conduct for Mutual Funds Intermediaries and SEBI Board Meeting
 
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