Scope of Services

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Scope of Services

Scope of Services

Corporate & Commercial

We advise both - domestic and foreign corporations on various corporate issues, ranging from advising on domestic commercial laws, foreign exchange control regulations, SEBI Regulations, etc. and providing wide range of services to its clients such as:

Assisting in setting up operations / companies in India and obtaining requisite registrations, licenses, etc.
Advising corporates setting up their business in Special Economic Zone, Software Technology Parks of India and subsequent compliances and registrations.
Conducting legal due diligence including financial and legal due diligence for various transactions.
Advising and assisting in obtaining requisite regulatory approvals, clearances and registrations from various departments such as - Foreign Investment Promotion Board, Reserve Bank of India, Department of Economic Affairs, Securities Exchange Board of India, other Local authorities, etc.
Drafting and negotiating letters of intent, memorandum of understandings, commercial contracts, government contracts, undertakings, resolutions and related documents.

Scope of Services

Antitrust & Competition

At BLC our experienced team have handled some of the most high profile matters in competition law space in India, and has represented clients (informants and defendants) before competition authorities (Competition Commission of India and Competition Appellate Tribunal) in India as well as Supreme Court of India.

The firm advises on a whole range of competition and anti-trust issues including: Cartels and anti-trust investigations; Abuse of dominant position; Merger control regulations; Commercial agreements (such as distributor/ agency agreements, joint venture agreements, cooperation agreements, licensing agreements etc.); Competition litigation.

Scope of Services

Arbitration and Conciliation

We have a vast experience and extensive knowledge in the field arbitration / alternative dispute resolution matters and extends its services in both – domestic and international arbitrations. We represents variety of clients, including corporates, associations, public sector undertaking, societies, and individuals. We provide wide range of services in this sector including but not limited to:

Representing clients in Arbitration proceedings before the arbitrator.
Approach the court for obtaining requisite interim orders.
Approach the Court for appointment of Arbitrator/s.
Challenge the validity of Arbitration and Arbitral Awards.
Enforcement of both Domestic and Foreign Awards.

Scope of Services

Capital Markets and Securities Laws

We have sufficient experience in dealing with capital markets and securities laws issues. Our firm renders services regarding offering for sale on the stock exchanges, ADR and GDR offerings and debt offerings for corporate entities and in this regard, we offer to provide services in:
Advising, drafting and filing of statutory and pertinent intimations / reporting, Company resolutions.

Advising and aiding in completing various corporate actions on day-to-day business activities in consonance with the SEBI Act and Regulations thereof and the Listing Agreement.
Advising, planning and structuring various ways of raising funds in the domestic as well as international market and for the same, we undertake conducting of due diligence, drafting agreements and other requisite documents and procuring necessary approvals thereto.

Scope of Services

M&A / JV and Corporate Restructuring

We have extensively dealt in Corporate / M&A Practice; it provides comprehensive legal solutions to the complex M&A issues and corporate advisory matters.
We also facilitates its client’s requirements by providing the following services:

Legal and Financial due-diligence.
Drafting of various transactional agreements (such as share purchase agreement, share holders agreement, joint venture agreements etc.).
Advising on relevant laws and assisting in negotiations
Advising on and assisting in obtaining requisite approvals / permissions / clearances from the requisite authorities
Obtaining court sanctions with regard to amalgamations, etc.

Scope of Services

Secretarial & Corporate Compliance

Our firm has been assisting corporate clients by undertaking various aspects of secretarial corporate compliance keeping in view the vast gamut of legal, regulatory requirements as applicable. We provide its assistance in the following:

Undertaking incorporation of a company in India.
Ensuring Annual corporate compliances of various listed and unlisted public companies.
Liasoning with ROC and Offices of Regional Directors for undertaking various compliances and activities including change of Registered office etc.
Advising and ensuring compliance on a regular basis on the legal and regulatory issues of general nature (being matters relating to the quorum composition, resolutions for meetings of the board of directors and shareholders.

Scope of Services

Property & Real Estate Laws

We undertake and provides comprehensive due diligence and title verification legal services on a pan-India basis. Our firm provides the most comprehensive evaluation of the property in question, which is a pre-requisite for entering into any investment and/or transactions in Real estate Market. We offer the following services:

Undertaking legal due diligence and title Verification.
Advising and procuring licenses and certificates from various authorities (including but not limited to - construction, occupation, completion, etc.).
Drafting of title documents.
Undertaking fulfillment of statutory requirements with regards to the property in question such as stamp duty, registration fee etc.
Representing our clients before various Courts, forums etc.

Scope of Services

Consumer Protection and Unfair Trade Practice

The Consumer protection law in India covers wide range of concerns that are crucial to be taken into account by any corporate for the protection of its consumers and avoid any dispute at a later stage, such as - including but not limited to product liability, privacy rights, unfair business practices, fraud, misrepresentation, and other consumer / business interactions. Our service in this field ranges from:

Providing complete assistance to the consumers as well as the manufacturers for safeguarding their interest on such various aspects revolving around consumer protection measures and unfair trade practice.
Advising and providing services to clients in all fields for the protection of rights of the consumers and product liabilities to consumers
Advising clients on various rules and regulations in regard to consumer protection, unfair trade practice, etc.
Representing clients before National / State / District Consumer Redressal Forums.

Scope of Services

Specialised Start-up Legal Services

At BLC we provide specialised and tailor-made services to Our Startup Client(s), having years of experience in the Startup sector, we understand the issues that the Founder(s) of a newly incorporated Company faces at the time of incorporation and during the various rounds of Funding ranging from Angel investors as well as various Series of Funding rounds. We provide round the clock Corporate advisory services as well as help the Founder(s) secure the maximum rights in the Shareholder and/or Share Subscription Agreements and Venture Debt Agreement. We provide assistance in Drafting, vetting as well as negotiation services.
Specialised Start-up Companies Commercial Contractual Services for Funding or Venture Debts Or Loan Agreements including but not limited to:

SSHA Contracts
Venture Debt Contracts
Investment Contracts
Commercial Contracts
Facility Loan Agreements
Vendor Agreements
Non-Disclosure Agreements

Scope of Services

Banking & Finance

At BLC our experienced team have wide experience in a comprehensive service portfolio to the lenders, borrowers, advisers and other intermediaries. The clients include leading banks, financial institutions, NBFCs and business houses.

Deal Commercial Agreements management and the ability to handle challenging structuring issues and complex negotiations are the main strengths of the firm. The firm handles the entire spectrum of work including due diligence on the Borrowers, Promoters and Projects / Securities, structuring transactions, drafting term sheets and transactional documents, negotiations, advising on the regulatory framework and related issues.

The services include: External Commercial Borrowing; Debt Restructuring and re-financing; Regulation and Compliance; Corporate Debt, including Syndicated Loans and Structured Financing; Real Estate Financing; Debt Capital Markets encompassing issues of rupee denominated bonds and debentures.

Scope of Services

Environment Laws

The firm advises domestic and international clients on India’s comprehensive environmental laws pertaining to recycling, hazardous waste management (by hospitals, clinics, manufacturing industries etc.), water and air pollution, forest and timber regulations, handling of chemicals etc.

The firm assists a variety of clients with regulatory compliance, enforcement actions, and civil litigation in all aspects of environmental and natural resources law. We represent businesses of all sizes, from Fortune 500 companies to sole proprietorships, nonprofit organizations, trusts and estates, governmental entities, individuals and trade associations in litigation, regulatory and transactional matters.

In non-contentious areas, the team assists clients in undertaking environmental due diligence audit to assess material environmental risks related to acquisition of operated and non-operated production/ manufacturing sites as well as acquisition of pre-development assets in India

Our Firm appears in various cases filed in the National green Tribunal, New Delhi.

Scope of Services

Criminal Law and Litigation

The firm has extensive experience in representing clients' criminal matters at pan India level across different courts, including Supreme Court of India, High Courts and District Courts.

The firm practices in the following areas of Criminal Litigation:

Corporate Frauds, Insider Trading and Market Manipulation;
White Collar Crimes / Economic Offences;
Department of Company Affairs – Serious Frauds Investigation office;
Bank / Financial Institutions Frauds;
Misappropriation and Siphoning of Funds;
Dishonor of Cheques
Quashing of FIRs/ Bails/ Trial
Criminal Complaints
Criminal Writs / Revisions / Appeals
Defamation Cases
Prevention of Money Laundering Act
Prevention of Corruption Act
Violation of Intellectual Property Rights / Cyber Laws
FEMA / COFEPOSA/ SAFEMA
Narcotics and Drugs Violation

Scope of Services

Intellectual Property Rights

The firm understands how intellectual property (“IP”) assets can be created in the best way. This helps to determine the value and rights therein protected and used/ acquired/ supplemented to produce a competitive advantage. The team provides advice and assistance to its clients with respect to due diligence (routinely uncovering issues in chain of title, encumbrances/obligations, or enforcement/prosecution/ deficiencies often left undetected), acquisition of IP and related agreements and partnerships/ joint ventures with an aim to transfer/ share/ development of IP.

The team has rendered services to several multinational and Indian companies across a broad range of sectors and industries on issues pertaining to registered and unregistered IP rights including trade mark, copyright, designs, domain name registration, patent, licensing, and technology transfer matters; apart from management of IP portfolios.
The team advises and assists clients on:

Filing of trademarks, patents and all intellectual property rights of the Clients.
Protection and prosecution of IP rights (including patents, trademarks, design rights, copyrights, geographical indications, domain names, proprietary know-how and business processes);
IP due-diligence and audits
IP acquisition and transfer and related agreements
Drafting and negotiating license agreements, assignment deeds, IP development agreements, etc
Representing before various authorities, courts and forums on issues relating to registration and protection of IP rights.

Scope of Services

Infrastructure & Solar Energy

The firm has been advising Regulators, Government Entities, Project developers, Investors and Suppliers & Contractors on diverse commercial / transactional issues. The firm possesses vast and in depth experience of providing legal and advisory services for the development of infrastructure projects in the following sectors:

The firm has advised in some of the most prestigious and pioneering deals in the infrastructure space, and has assisted government authorities and regulatory bodies, multinational corporations and multilateral institutions in projects in a wide range of matters, including conceptualization to documentation, bid process management, awarding of contracts and assistance in project management.

The services include:

Solar Power Purchase Agreement
Drafting and vetting of Bid Documents;
Bid Process Management (for the Regulators);
Assisting Contractors in the Bidding Process;
Conducting Due Diligence and negotiations on various stages of documentation;
Drafting, vetting and advising on Concession Agreements, Off-take Agreements, Pipeline; Agreements, Terminal Facility Agreements, Joint Development Agreements, Power Purchase; Agreement, EPC Contracts, State Support Agreements, Fuel Supply Agreements, Production Sharing Contracts, Regasification Agreements, Gas Sale and Purchase Agreements;
Legal assistance in setting up of Joint Ventures and infusion of funds in the Infrastructure sector in India;
Advising on diverse laws governing infrastructure facilities in India including issues related to land acquisition and FDI Policy;
Assistance in obtaining various licenses, approvals and permits required for implementation of infrastructure projects in India from governmental authorities;
Advising on regulatory and legal framework on unbundling and restructuring issues of State Electricity Boards;
Advising on Exploration Blocks in India in CBM and Oil blocks under NELP;
M&A and Private Equity; Due Diligence
Entity Formation.

Scope of Services

Labour and Employment Services

The firm advises both domestic and international clients on the complex regulatory and legal aspects of employment and labour law in order to enable full compliance with all the applicable laws and provisions. The firm is actively involved in drafting and reviewing of employment documentation and advising on a wide range of labour law related queries, including structuring of ESOPs, transfer of employees, termination, non-compete issues and more. The firm predominantly represents companies and their management on employment related projects and litigation.

The firm advices on the following areas:

Employment Strategy and Documentation;
Employee Benefits & Compensation Structuring;
Employee Stock Options & Share Plans;
Company Policies;
Labour Law Advisory (including retrenchment and/or termination);
Employment Agreement;
HR Legal Audit;
Employment Litigation;
Non-Disclosure Agreements;
Confidentiality Agreements;
Non-compete Agreements and
Downsizing

Scope of Services

Governance, Risk & Compliance

Governance, risk and compliance (GRC) services help clients tackle the broad issues of corporate governance, enterprise risk management, and effective corporate compliance, while offering specialized assistance in key areas such as financial reporting, tax, information technology, human capital, anti-fraud and dispute consulting, and financial advisory services. The team can help organizations identify, remediate, monitor, exploit and manage enterprise risks in addition to coordinating the utilization of people, process and technology to improve GRC effectiveness and help manage costs.

We have a breadth of compliance and regulatory expertise, acting for clients across a range of sectors to help ensure that your brand, reputation and enterprise are not only protected but also positioned to create additional value. The team advises clients across full spectrum of risk management and compliance covering all industries, including those operating in regulated sectors.

Our highly qualified and experience team of professionals works closely with client’s corporate compliance team and set up robust compliance programs, conducts risk assessments and compliance audits. The approach is complemented by the extensive risk and controls technical knowledge and sector-specific experience of the team.

Our team provides the following services that results in a risk solution tailored to meet the unique needs of the clients:

Understand and comply with regulatory requirements;
Implement the right corporate governance framework in regard to these regulations
Establish appropriate compliance practices.

Our key specialization includes:
I. Financial and tax reporting
II. Industry sector regulation
III. Information governance and privacy
IV. Human resource
V. Trade laws

Scope of Services

Matrimonial Disputes and Litigation

At BLC we have a dedicated team of advocates who have sufficient experience in handling of matrimonial disputes in various Courts of India, We understand that the Matrimonial Dispute matters are highly Private matters and the information shared by Our Clients is treated with utmost confidentiality. We provide round the clock Legal Services in all kind of matrimonial disputes:

Divorce Proceedings (mutual and Contested)
Section 498-A IPC and other Criminal Complaints
Maintenance Disputes under HMA, DV Act, S. 125 IPC Disputes
Guardianship and Adoption Disputes
Settlement Agreements

Scope of Services

Corporate Restructuring & Insolvency

Ever since its inception, the firm is widely acknowledged as the leader in Corporate Restructuring and Insolvency practice in India.
Our highly qualified, innovative and experienced team includes lawyers, chartered accountants, MBAs and Engineers. The firm understands that there are situations when a distressed business can be rescued, rehabilitated or reorganized to enhance value. The firm therefore works together with clients, whether debtors in default or creditors to identify, in order to adopt and implement the best solution.
The firm's restructuring and insolvency team helps maximize recovery, protect business or investment, preserve critical relationships and minimize write offs. However, if a client's distressed situation is not resolved through a recovery platform, then we further work to formulate strategies which can guide the clients through the process of insolvency.
The firm has handled matters across multiple industries including media, entertainment, transportation, manufacturing, energy and real estate. We have advised on the largest and most complex restructurings, and pride ourselves on providing pioneering solutions as well as real commercial results.
Our expertise covers legal and commercial advice on matters including:

Assisting in setting up operations / companies in India and obtaining requisite registrations, licenses, etc
Advising corporates setting up their business in Special Economic Zone, Software Technology Parks of India and subsequent compliances and registrations.
Conducting legal due diligence including financial and legal due diligence for various transactions.
Advising and assisting in obtaining requisite regulatory approvals, clearances and registrations from various departments such as - Foreign Investment Promotion Board, Reserve Bank of India, Department of Economic Affairs, Securities Exchange Board of India, other Local authorities, etc.
Drafting and negotiating letters of intent, memorandum of understandings, commercial contracts, government contracts, undertakings, resolutions and related documents.
Contingency planning/ Pre Insolvency/ Distress Advisory;
Negotiations with creditors for settlements and restructuring;
Negotiations / Arrangements with creditors and members;
Corporate Debt restructuring /Bi-lateral Debt restructuring with lenders;
Techno-Economic Feasibility Studies;
Distressed financing and re-schedules;
Out-of-court restructurings and refinancing;
Corporate Restructuring based on Mergers/ Demergers/ Hive off/Take over/Acquisitions;
Financial Restructuring of Debts Reorganization through Strategic Debt Restructuring (SDR);
Identifying strategic investors;
Debt Acquisition through an Asset Reconstruction Companies/ NBFCs and devising an efficient and viable restructuring model;
Credit bidding;
Distressed debt trading;
Insolvency filing requirements in BIFR / High Court etc.;
Formal insolvency proceedings before the court;
Debt Recovery Tribunal (DRT) including those under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFEASI);
Enforcement of Security Interest;
Financial Due Diligence;
M&A in Distress;
Portfolio Reviews;
Liquidations/Winding up;
Facility, Security and Credit Support Reviews for Lenders and Borrower Groups.

ABOUT US

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ABOUT BLC

CONTACT US

Balwani Law Chamber (BLC)

Address : 16, Central Lane, Lower Ground Floor,
Bengali Market, New Delhi - 110001

Contact for details: +91 9958199188 / +91-9635144346
For Appointments:
Contact@balwanilawchambers.com
Saurabh.balwani@balwanilawchambers.com