The corporate and commercial team at Khaitan Legal Associates provides hands-on and bespoke assistance to the varied corporate law requirements of clients ranging from complex cross-border or domestic transactions to day-to-day advisory concerning laws, rules and regulation.
On the non-transactional side the corporate and commercial practice covers the entire gamut of advisory needs of the clients. It includes advice and assistance in relation to corporate and secretarial compliance, corporate governance issues and regulatory advice especially on the issues that arise under exchange control laws and regulation. Our corporate and commercial team regularly assists clients with implementing new governance frameworks, auditing compliance, evaluating disclosure requirements, and responding to civil, administrative or criminal actions. We have significant experience in advising senior management, boards of directors and special committees of public companies of all sizes on governance matters, and provide continuing education programs for them.
On the transactional side, we provide assistance with respect to matters including company formations across India, strategy advice and documentation relating to foreign direct investment, exchange control regulations, market entry strategies, corporate reorganization, mergers and acquisitions and general corporate advice. The team is also renowned for its experience in drafting and advising on various commercial contracts, with special attention on the commercial reality of the transactions involved and is well known for its expertise and experience in negotiating and structuring cross-border transactions. For more details on transactional side of corporate and commercial practice please refer to the Mergers and Acquisition and Private Equity and Funds section.
Our clients range from Fortune 500 blue chip companies to growing and start-up businesses; and from large multi-nationals to small and medium-size enterprises and individual entrepreneurs, across various sectors.
Further our experience and expertise across various sectors enables us to understand not only the legal, but also the commercial requirements of our clients. Innovation, flexibility and responsiveness are the foundation pillars of our corporate-commercial practice.
Dispute Resolution landscape in India displays some unique characteristics. It is complex and challenging and can be daunting for those who have limited or no experience in dealing with Indian legal system. Over the years risk profile and the expectations of businesses from attorneys in relation to managing legal risks in contentious matters has changed. Therefore, it is essential that solutions offered to clients are not only practical and cost-effective but also help in addressing the legal risk of the client in the most optimum manner. At Khaitan Legal Associates, our dispute resolution team has an extensive experience and expertise in all forms of dispute resolution ranging from litigation to alternative dispute redressal mechanisms such as arbitration, conciliation and mediation. We have assisted a range of clients across different sectors in their disputes that included high profile joint venture disputes, big ticket construction contracts, tax disputes and disputes with regulators. With an integrated team and a network of correspondents across India we have been able to service clients even in non-metro cities. Our team has gained the trust and confidence of its clients by consistently providing strategic and practical advice, that is consistent with their business goals and vigorously representing our clients’ interests at every stage of a dispute.
Employment, labour and HR form a crucial part of the business interests of the clients and is therefore an important area of practice for Khaitan Legal Associates. Mostly the clients seek comprehensive solutions from legal advisers to help them tie-in employment law issues with a whole host of other affiliated like social security, tax and immigration. At Khaitan Legal Associates the employment and immigration teams work in an integrated manner with the corporate team to provide the clients with comprehensive business focused solutions.
In India, the employment and HR landscape include plethora of central as well as state specific laws and regulations which are constantly evolving and employers are required to be aware and compliant with such laws that are applicable to them. Over and above the local employment and labour laws, foreign employers are also required to be fully compliant with immigration and taxation laws while employing employees in India or sending ex-pats to India.
Our employment, labour and immigration team regularly advices clients on the complex regulatory and legal issues with respect to Indian employment and labour laws, and our practice ranges from advising on contractual documentation including employee and ex-pat contracts, to ensuring regulatory compliance, structuring of ESOPs, assisting clients in resolving and managing a culturally diverse work force, non-compete issues, dealing with local tax and social security regimes, managing global reward and benefit packages and the likes. Our expertise includes dealing with delicate issues including termination of employment and sexual harassment of women at workplace in a culturally sensitive as well as practical manner.
The immigration team also advises clients on entry strategies and assists them with pre-arrival as well as post-arrival formalities. We assist the clients in determining the correct visa category and also assist the clients in filing the visa applications at the relevant Indian consulate. Having offices in India as well as the United Kingdom places us in the unique position of understanding not only the legal but also the practical difficulties and issues faced by our domestic as well as international clients and we offer holistic solutions to our clients based on our various experiences.
Khaitan Legal Associates prides itself of being one of the select Indian law firms that works in the area of insurance law and regulation. The insurance practice at Khaitan Legal Associates is geared to assist insurers and reinsurers as well as intermediaries with their corporate, regulatory and other business and commercial requirements. We have the experience of covering the entire spectrum of the insurance industry, from advising clients on mergers, acquisitions, joint ventures and bancassurance arrangements to advising insurance brokers and corporate agents on insurance regulation. Our expertise also includes advising insurers and reinsurers on review of contracts and documentation and assisting insurers and brokers in drafting policy wording and product development.
Our team also has an in-depth experience in advising and representing local and foreign clients in policy coverage advice, pursuing subrogated recoveries, negotiating reinsurance communications and conducting litigation.
With Indian insurance industry readying for the much awaited second generation reforms, significant action is expected in this sector. Insurance sector represents a tremendous growth potential and has the unique ability to converge the divergent objectives of private profit and social good.
Khaitan Legal Associates has a highly specialized corporate and commercial team which has a wealth of experience in advising clients on mergers, acquisitions and joint ventures and restructurings and other such arrangements. We help foreign and domestic businesses enter, operate and grow as well as expand and transact in India. Our transactional expertise covers M&A, transfers of businesses, strategic alliances, joint ventures, market entry and capital raising.
In dealing with M&A transactions, we ensure that our clients receive innovation in advice, quality drafting and timeliness of delivery. We combine our M&A expertise with our wide-ranging experience in diverse sectors, which include insurance, packaging, energy and infrastructure, asset management & investment funds, financial institutions, pharmaceutical sector.
We advise our clients on structuring transactions and are actively involved in negotiating and drafting the documentation involved in cross-border as well as domestic M&As. We approach transactions with an interdisciplinary team of attorneys handling the tax, corporate, securities, litigation, employee benefits, environmental, antitrust/competition, and other issues inherent in M&As. We advise on cross-border structuring issues involved in M&A deals and resolve complex legal, tax and exchange control issues through innovative structures to address our clients’ commercial considerations.
Khaitan Legal Associates provide hands-on assistance to clients in a range of corporate and commercial transactions. Clients of the firm range from Fortune 500 blue chip companies, to small to medium-size enterprises as well as individual entrepreneurs.
Khaitan Legal Associates regularly advises individuals, families, family offices and trusts on matters pertaining to estate, succession, trust laws and tax planning. Clients are increasingly looking for a holistic advice that can comprehensively address the succession issues that are closely intertwined with estate and tax planning. Our practice focuses on all aspects of estate, succession and tax planning as well as drafting wills, probate applications, trusts (lifetime as well as testamentary) and gifts. Our private client team has extensive experience in dealing with complicated issues of residency, domicile, cross-border bequeathals and other multi-jurisdictional issues that arise as a result of migration of individuals and families to and from India. We closely work with international law firms, accountants and other advisers while advising Indian origin clients who are resident outside India. We also advise our clients on matters relating to matrimony, property law and structuring of off-shore investments.
Our clients include high net worth individuals, non-resident Indian families, multi-national corporations, Indian resident families that have members residing across the globe, banks, law firms in other countries and other institutions that represent such persons. With an in-depth knowledge of the complex and community specific personal laws in India relating to succession and matrimony; property laws, exchange control laws and regulations, taxation laws, laws relating to domicile and residency in India and conflict of laws principles; and attention to detail, we ensure that our clients receive optimum solutions to any issue, whether contentious or non-contentious, in relation to matters relating to family and inheritance.
The Private Equity team at Khaitan Legal Associates has extensive experience in dealing with different spheres of the private equity universe, from fund formation to investments and exits. Our expertise enables us to handle large and complex private equity transactions and we regularly provide strategic advice to both domestic and international private equity funds. We assist clients with pragmatic and commercially sound advice for dealing with Indian rules and regulations.
Our services include assisting clients with structuring of funds and investments, documentation relating to such investments, negotiation and closing. Our industry expertise helps us advice clients on suitable exit strategies. We have advised clients on fund formation; onshore & offshore structuring; drafting offer documents for the raising of funds; tax & securities registration issues in India; registration with regulatory authorities in India; due diligence of prospective investee companies; negotiation assistance from term sheet stage till closing; documentation & overall transactional support, including working closely with regulators.
Advising sponsors, managers and investors with respect to private equity is one of our core practice areas and recognized strengths due to the combination of experienced lawyers who work across teams and jurisdictions; and the unique advantage of having offices which are fully staffed with experts in Indian laws and regulations in India as well as the United Kingdom.
Our partners also have well established and deep-rooted Indian and international relationships that enable them to assist clients with appropriate introductions to enhance business opportunities. Our PE team works with our tax, regulatory, employment and general corporate and commercial teams through which we can add maximum value in the form of identification of legal risks, providing legal advice, undertaking documentations and negotiation in a holistic manner.
Khaitan Legal Associates has a strong team that can help clients navigate through the myriad questions that they may face while dealing with property laws in India.. Our practice includes advising on transactional mandates like real estate fund, acquisition, sale and leasing of real estate for multinational projects, joint ventures, title investigations and due diligence, development and redevelopment projects, foreign investment, conveyancing, along with land transfers, mortgages and leases. We also regularly advised clients on regulatory, compliance and dispute resolution issues pertaining to real estate.
We understand that real estate transactions are overwhelming and challenging for clients, who are not well versed with the laws, regulations, restrictions and nuances of the property and real estate laws in India. Our team can assist the clients through this complex process, sometimes with the help of other professionals and affiliates, by providing services that include pre-transaction due diligence, transaction documentation, advise in relation to stamp duties involved in the transaction and sector restrictions under the foreign direct investment scheme of the Government in all sectors including construction development, hotels, townships, infrastructure development activities.
Our team consists of lawyers with rich experience of handling complex issues involving varied statutes across jurisdictions. The Firm and its lawyers have wide ranging experience of preparing and settling the legal documents with regard to immovable properties and real estate in India.
Our clients include both foreign and domestic corporates, individuals, major developers, contractors, international lawyers and foreign law firms.