The firm has earned the enormous expertise and experiences with the pace of time to provide the expert legal advisory services to the entrepreneurs and business houses as well for sustainability and risk management which includes; Start-ups and MSME’s, Business operations, Business expansion, Legal documentations, Merger & Acquisition, Joint Venture, Take over, Legal due diligence, Company Policies, Employee matters, Compliance and Litigation support.
Company Law Matters
Company Legal Compliance is now viewed as a separate service because of its complexity and because it is quite time consume in. We help firms interpret and comply with the rules and regulations in order for them to continue to operate in their chosen sectors. There are many sections of the Companies Act where we are in a position to provide guidance and/or assistance with interpretation pertaining to Company Law Consultancy Services offered by us include:
- Company Incorporation
- Company secretarial matters
- Accounting matters such as statutory disclosures, deadlines and exemptions
- Matters affecting share capital and distributions
- Statutory provisions relating to various meetings like Board Meetings, Statutory Meetings
- Seeking Licenses and Approvals for start-up
- Capital Raising Transactions and Support Services
- Represent to Ministry of Corporate Affairs & SEBI
- Petitions to Company Law Board
- Company Law Compliance and Appeals
- SEBI Regulations and Compliance
- Advise on BIFR and Company Law Board
- Winding up of Company
Capital Market and Security Law Matters
The Indian Capital market has grown exponentially in terms of resource mobilization, number of listed stocks, market capitalization, trading volumes, and investors’ base. Along with this growth, the profiles of the investors, issuers and intermediaries have changed significantly. The market has witnessed a fundamental institutional change resulting in drastic reduction in transaction costs and significant improvement in efficiency, transparency and safety. The measures taken by SEBI such as, market determined allocation of resources, rolling settlement, sophisticated risk management and derivatives trading have greatly improved the framework and efficiency of trading and settlement, making the Indian capital market qualitatively comparable to many developed markets.
The Firm has a leading Capital Markets & Securities Laws practice that covers the entire spectrum of Capital Markets transactions, regulatory and compliance matters, and securities litigation which include;
- Advisory & Opinions on Securities Laws and Capital Market issues
- Advisory on regulatory compliances
- Advisory towards Investigations & Inspections of Listed Companies & Market Intermediaries
- Advisory, Appeals & Representation in SEBI, SAT, High Court & Supreme Court Matters
- Compounding & Settlement of matters through consent before SEBI, SAT & Exchanges
- Registration & Licensing Services for various Market Intermediaries
- Arbitration proceedings at Stock Exchanges
- Handing investment related issues of investors including FIIs, VCFs and HNIs etc.
Revocation of Suspended Companies
There are around 5000 listed companies on BSE/NSE of which around 30% companies are suspended due to variety of reasons such as:
- Non-payment of listing fees.
- Non-compliance with listing requirements.
- Non-compliance with provisions of the Listing Agreement.
- Non-redressal of investors’ complaints despite repeated reminders.
- Unfair trading practices at the behest of the promoters / management.
- Malpractices such as fake original or duplicate or share certificates deliberately issued by the management.
- Whereabouts of the company and / or its promoters / directors not known.
We help those companies for Revocation from Suspension and also provide the following services too;
- Pre and post fund Raising
- Delisting Services (Reverse Book Building/Small Companies Delisting)
- Security Law Audit /Legal Due diligence
- Pre-post approval for corporate restructuring/capital restructuring
- SEBI approvals & Exemptions under varied Security Laws
- Legal Retainer Services
RBI, FEMA & FERA Matters
We provide these services strictly in accordance with the industry laid proposals and agreements for avoiding any discrepancies. These services include setting up subsidiaries of foreign companies in India along with FEMA / RBI compliance for inbound and outbound investments. We offer Foreign Exchange Management Act Consultancy that encompasses the entire gamut of foreign exchange law.
- Collaborations In/ Outside India
- Investments outside India (Overseas Investments)
- Investments By Foreign Enterprises, Foreign Residents in India (FDI)
- Non Resident Indians (NRI)/Persons of Indian origin (PIO)
- FIPB (Foreign Investment Promotion Board)
- External commercial Borrowings( ECB)
- Estate sector
- Residential status of Individuals
- Reserve bank Of India Professional services in the field of obtaining permission under various provisions of FEMA, Filing of Intimations, Statutory Forms & Returns
- Statutory Compliances
- International Transactions covered under FEMA Double Taxation Agreements(DTA)
- Professional services for obtaining Import – Export Code ( IEC ) from DGFT
Customs and Tax Litigations
Customs Adjudications – Rendering assistance in the course of customs adjudication proceedings arising out of valuation, license validity and alleged incorrect declaration (drafting, advocacy, and follow-up) (quasi-judicial proceedings)
Classification Disputes – Representing importers in disputes arising out of incorrect classification at the time of assessment
Refunds – Lodging refund claims where duty is excess levied, follow-up and realization. Also ruling out “unjust enrichment” as part of the proceedings
Appeals, Revisions, and Tribunal Proceedings – Drafting, filing and follow-up of Appeals to the Tribunal in Customs cases. Appear before the concerned authorities for personal hearings to represent the cases effectively
Other Import and Export Trade Control Matters – Appeals, Revisions and Representation to Import and Export Trade Control authorities on other decisions affecting the legitimate interests of the business community. Drafting, advocacy and follow-up
NBFC and Co-Operative Society Matters
The NBFC sector has grown rapidly in the last few years despite the slowdown in the economy. As of March 2013, it accounted for 12.5% of the country’s Gross Domestic Product (GDP) – a measure of the size of the economy. With increase in the NBFC sector, the regulations, restrictions and compliances have also been increased. Here our team provides effective solutions to such compliances.
Our team provides services which includes compliances with regard to the following:
- Consultancy with regard to formation of NBFCs and Co-operative Societies
- Preparation of Financial Statements of NBFCs and Co-operative Societies
- Regulations pertaining to Financial Results of NBFCs and Co-operative Societies
- Auditors of the Non-Banking Finance Companies (including reporting and auditing responsibilities).
Our Service also includes the following:
- Liasoning with the departments like ROC or RBI for operations of the company
- Assistance in the interpretations and implementation of new regulatory changes.
- Returns filing (Advisory Services for filing or on process outsource basis)
Employment & Labour Law Matters
Employment and Labour Law matters are important for any organization. We provide our legal advisory services for the following labour laws
- The Apprentices Act, 1961
- Payment of Bonus Act, 1965
- Contract Labour (Regulation & Abolition) Act, 1970
- S.I.Act. (The Employee State Insurance Act. 1978)
- Equal Remuneration Act, 1976
- Standing Orders Act,
- Factories Act, 1948
- The Maternity Benefit Act, 1961
- Minimum Wages Act, 1948
- Payment of Wages Act, 1936
- The Employees’ Provident Fund and MP Act, 1952
- Shops and Establishment Acts
- Workmen’s Compensation Act
Legal Metrology Consultation Services
We provide expert Corporate & Legal advisory service for legal Metrology Act 2009, Legal Metrology Rules 2011(General, Numeration, National Standard, Approval of Models, Packed Commodities etc) for the followings;
- Legal Metrology Licenses( Importer, Manufacturer, Packer, Dealer/trader etc)
- Model Approval Certificate
- Artwork Consultation for packaging labels
- Legal metrology compliance check and audit
- Legal Metrology retainer services
Food & Drugs Consultation Service
Clairvoyant provide specialized professional services for Food (FSSAI) and Drug licensing, Compliances & Audits and Consultancy to assure the business from the risk of non compliances and smoothening of company’s operational process, which includes ;
- FSSAI License (Central, State and registration)
- Drug License (Drug, Device, Cosmetics etc)
- Food & Drug legal compliance check and audit
- Food & Drug legal consultancy services
Drafting and vetting of SSA(share subscription agreement), MSA(Master shareholder agreement) , JV agreement, Listing Agreement, MOU, LOI, Service Agreement, Term Sheet, Loan Agreement, Sale agreement , Employment Agreement, Partnership Agreement , NDA(Non-discloser agreement), CDA(Confidential Discloser Agreement), LLP Agreement, Company Policy etc.