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Education

The Education sector in India is regulated by different central and state legislation governing K-12 (formal schooling) segment and higher education which encompasses universities and private colleges and other professional courses. Other elements of the education sector are less regulated such as tutoring and test preparation, pre-schooling and vocational training.
The Firm's specialized education practice is uniquely placed to assist clients through complex regulations and to devise structures workable at each level of this sector, which is generally deemed to be charitable/not for profit.
Professionals of LexCounsel have niche experience in advising on:

  • Structuring models for provision of educational services in compliance with the directives of various education boards and regulatory authorities such as All India Council for Technical Education and University Grants Commission;
  • Drafting of Trust Deeds and Society bye-laws and registration of Trusts and Societies;
  • Tax issues related to non-profit organisations and issues related to foreign Trustees and Foreign Contribution Regulation Act;
  • Due diligence of the Trusts, Societies and their school operations, review of approvals obtained, compulsory filings, management structures of schools, qualifications of teaching staff, compliances in appointment of teaching and non-teaching staff;
  • Structures for joint development of educational institution(s) in township projects, drafting, negotiations and finalization of contractual documentation;
  • PE funding in the area of education and associated structuring;
  • Acquisition structuring and legal due diligence for acquisition of land earmarked for educational purposes; and
  • Day to day legal issues arising in educational institutes imparting K-12, higher and vocational education.

The professionals of the Firm have considerable experience in drafting and advising on workability of miscellaneous contractual arrangements prevalent in the sector, including Franchise Agreements, Collaboration Agreements, Development and Management Agreements, Operation and Management Agreements, Services Agreements and License Agreements.

Notable Representations

  • Advice on a US$ 10 million JV between Educomp and Lavasa Corporation for setting up an International Baccalaureate residential school;
  • Global Indian Holding on structuring and investment in education and infrastructure space;
  • Acquisition of equity in A Plus Education;
  • Setting up technical education centres across India for Raffles’ Indian JV; and
  • Collaboration with Sriram schools.