Corporate Governance - Policies & Procedures
Corporate governance is one of the most important factors in today’s corporate sector. We guide the companies and LLP’s in preparing various policies related to corporate governance and establishing compliance related procedures.
Governance, Risk and Compliance
Once an entity is set up, it must comply with various requirements, regular compliances, make filings and appropriate disclosures, etc., under the Indian laws such as the Companies Act, the LLP Act, the Foreign Exchange Management Act, 1999 (“FEMA”), Income Tax Act, etc.
Our team is suited/equipped to take care of your governance, risk and compliance requirements including assisting with filings, any corporate strategy execution and advising under various laws including but not limited to the Companies Act, the LLP Act and FEMA. We provide end to end corporate law advisory and support services for various governance and compliance matters such as conducting board / shareholders / partner’s meetings, appointment of directors/auditors, managerial remuneration, related party transaction and such other corporate actions based on the requirements.
We also provide advisory services and assist in compliances specific to FEMA such as approval for receipt of foreign investments in India, External Commercial Borrowings (“ECB”), Overseas Direct Investment (“ODI”) by Indian entities.
Based on the nature of your entity and its requirements, we analyze and advise on the relevant and applicable compliance requirements and assist to mitigate risk of any non-compliances by providing end to end solutions.
Closure of Business entities in India
Just the way in which setting up a business entity requires careful planning and execution, similar planning and thoughtful consideration is required in case of unfortunate or unfavorable circumstances, which may require to close/shut down the business entity.
The closure of business entity entails the need to ensure that it is in accordance with the applicable law and allows the stakeholders to claim their investments while ensuring that the management is discharged of all the liabilities associated with the entity appropriately in consultation with stakeholders and other advisors from the applicable legislation perspective. Our team of professionals will guide you appropriately by advising on various legal options and requirements for closure of the chosen form of entity and ensure that closure of the entity leads to discharge of all liabilities in an appropriate manner.
Winding-up / Liquidation of a Company and LLP
We assist entities in the process of voluntary winding up and striking off application. We also
assist companies in registering as dormant company under the provisions of the Companies Act,
2013 and Limited Liability Partnership Act, 2008.
Closure of Branch / Liaison Office / Project Office
We assist entities in the closure of Branch / Liaison Office / Project Office as per FEMA and as per the Companies Act, 2013.
Formation of Business Entities in India
Setting up of a business entity is the first step towards having a sustainable commercial presence in India. Therefore it becomes extremely essential for a foreign Investor in India to choose the right kind of business or corporate entity which suits its purposes and takes care of corporate liability and tax planning aspects in the best possible manner One can set up business entities in several forms by choosing the right business structure like branch / liaison / project / representative office or a private or public limited company or a limited liability partnership. We advise and assist in setting up of such entities based on the client’s requirements. Our team of professionals will guide you in various aspects of setting up business entities swiftly and help you start your business with ease.
Risk Analysis & Mitigation – Corporate Health Check
Any business entity is required to comply with all the laws applicable to its operations in India. While a business entity may have followed all such compliances, it is also important that this is checked/verified by independent professional teams at regular intervals for taking timely action and mitigating risks of defaults, if any.
The corporate health check is a process by which confidential legal, financial and other material information is exchanged, reviewed and appraised by the parties to a business transaction. We assist in doing a thorough health check on corporate compliances under various laws including but not limited to the Companies Act, LLP Act, FEMA and NBFC related compliances. We also provide a comprehensive health check report i.e. due-diligence report, that highlights the major issues/non-compliances and provide solutions to fix such issues/non-compliances.
- We carry out a detailed corporate due diligence and advise on issues that arise out of the due diligence and risk mitigation strategies that can be explored.
- We assist in conducting a thorough due diligence on corporate compliances, by reviewing the documents provided by the target as well as from the documents available in the public domain. We provide a comprehensive diligence report that highlights the major issues/non-compliances and provide creative solutions. We also assist in drafting and statutory filings as required for the closing of the transaction.
Mergers / Acquisition and Corporate Re-structuring
We assist in merger / acquisition of entities and business re-structuring. We advise and assist in drafting and filing of various documents and forms with the appropriate authorities in relation to all kinds of merger/amalgamations/demergers, etc.