Corporate & Commercial

Today, the world is closer than ever before and businesses need to keep pace with the changes and developments around them generally, and specifically in comparison with their competitors.

At LexCounsel we understand the expectations of our clients and urgent requirements of their businesses and our availability to advise at crucial times, with precision and speed.

Our corporate and commercial practice includes:

  • Mergers, acquisitions, amalgamations, buy-outs, arrangements with creditors, reorganisation and restructuring. Our members regularly advise on and coordinate complex transactions, address regulatory requirements, tax implications and anti-trust issues and assist in due diligence investigations/regulatory audits, risk assessment, transactional structuring, asset and employee transfers, and relevant documentation. We also assist in post transaction compliances and contract management issues;
  • Business organisation Entry strategies into India, strategic alliances, representation in joint ventures, business partnerships, technical collaborations, project offices, branch offices and incorporation and assistance in setting up business operations in India;
  • Regulatory, investment and licensing approvals, foreign equity restrictions and caps, investment and divestment, exchange control regulations, remittance and repatriation of foreign exchange, acquisition of businesses and assets outside India, offshore investment vehicles and special purpose vehicles;
  • Exit options, minority protection, shareholders disputes and other contentious corporate issues;
  • Representation before regulatory and adjudicating authorities including Ministry of Corporate Affairs/Registrar of Companies, Company Law Board, Reserve Bank of India, Foreign Investment Promotion Board, etc.;
  • Commercial contracts Structuring and documenting diverse relationships, advise on contractual obligations and liabilities, enforcement, remedies and reliefs;
  • Advise on Corporate Governance issues; and
  • Corporate maintenance; statutory and secretarial compliances.

Notable Representations

  • Hindustan Coca Cola concerning foreign direct investment approvals;
  • Educomp Solutions Limited’s acquisition of Study Places Inc., US and business transfer of Edusmart and ‘Roots to Wings’ pre-school divisions as going concerns;
  • Providence Equity concerning investment in a company setting up e-governance platform; and
  • Advising master franchisor of Moschino, Jean Paul Gautier and Alberta Ferretti.