Khaitan Legal Associates is a partnership is registered in Mumbai, India.
Copyright 2020 Khaitan Legal Associates. All Rights Reserved.
Banking & Project Finance
Khaitan Legal Associates has a wide range of experience in advising banks and corporates with banking and project finance transactions. Our practice includes drafting financing and security documents, financial closure, due diligence, and post execution regulatory, statutory and contractual compliances.
Our team has advised on the entire spectrum of the banking industry, from advising clients on project finance, term loans, external commercial borrowings, disputes and related aspects. Our expertise also includes advising lenders as well as borrowers, in documentation for loans, security creation, restructuring etc. as well as enforcement of security and other measures for protection of their interests. Our team also has in-depth experience in advising and representing local and foreign clients on external commercial borrowings, funding options, issuance of bonds and forms of structured finance.
Advised a nationalised bank before the National Company Law Tribunal in the resolution process of a pharmaceutical company.
Advised a leading asset reconstruction company in restructuring loans and creation of security for a loan of approximately INR 500 crore availed by an alcohol distillery company.
Advised a public sector bank in relation to INR 2.70 billion term loan facility extended to various Special Purpose Vehicles (SPV) under an obligor and co-obligor structure for setting up logistics projects in India.
Advised a public sector lead bank, leading a consortium of 8 banks in financing INR 3.40 billion term loan facility (with overdraft, letter of credit and bank guarantee facility) to a company setting up two thermal power plants.
Corporate & Commercial
Our corporate & commercial team 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 issues concerning laws, rules and regulations.
We advise on a broad spectrum of corporate matters. We work closely with our clients to guide them through complex transactions. In addition to our transactional work we provide general corporate and governance advice on the key issues facing modern corporates. We deliver the full range of services which apply to transactional and non-transactional matters, which cover the entire gamut of advisory needs of the clients.
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.
Aviva Plc: Advised on applicable regulations and structures to implement the BOT transactions with regards to WNS/EXL.
Handholding a German group in its acquisition of an Indian packaging company and maintaining the corporate compliance of the entity.
Advising an offshore reinsurance company on its investment and exit from Indian third-party administrators
MAN Diesel Turbo SE: Advised the client from commencement to completion, with respect to a merger between two Indian companies. Advised on formulation of the scheme of amalgamation before the courts and various regulatory authorities.
We, at Khaitan Legal Associates, assist body corporates in assessing, reviewing, and strengthening their data safety framework and processes against any kind of data violations or cyber-crimes. We provide bespoke services to take our clients through the changing legal framework with minimal friction of policy change.
Our clients range from Fortune 500 blue chip companies to growing and start-up businesses as well as from large multinationals to small and medium-size enterprises and individual entrepreneurs, across various sectors.
Our thought leadership in the space of data protection has enabled us to chair a committee constituted by a leading industry body that submitted recommendations to the Government of India on the impact of The Personal Data Protection Bill, 2018, on various stakeholders of the Indian insurance industry. Our team has also advised a regulated insurance data repository on the proposed Personal Data Protection Bill, 2019, including suggesting recommendations to be made to the Indian insurance regulator.
Collaborated with educational institutions in India to conduct data protection workshops for their students.
Advised several clients (domestic and foreign) ranging from start-ups to Fortune 500 companies on their data protection requirement such as:
Drafting terms and conditions, privacy policies, disclaimer policies, data processing agreements, contractual indemnities for potential data protection liabilities.
The adequacy of Indian laws vis-à-vis requirements under the EU – GDPR regulations.
Advising on cross border transfer of data, location of data, data servers and location of backup data.
Collaborated with and represented a cyber-security company to prepare a-la-carte policy wordings for its cyber insurance policy based on the client’s bespoke requirements.
The dispute resolution & advisory team of Khaitan Legal Associates is a healthy blend of young and experienced lawyers with a shared passion for the practice of law. Collectively, the team has extensive experience in all types of commercial litigation before various Courts and Tribunals across the country and abroad for Indian and Foreign clients. With the thrust on pre-dispute strategy and research skills, the team has successfully handled complex litigation and been part of several landmark judgments of recent times which have helped in not only shaping the law but also significantly impacted commercial transactions.
With our correspondent partners being available in all parts of India, Singapore, UK, Europe, USA, the team has the ability to seamlessly provide Indian legal disputes related advisory services to its clients across the globe. Some of the key areas of the team’s prevalent expertise are:
Commercial disputes such as shareholder disputes, joint venture disputes, employment disputes, real estate disputes, EPC contract disputes, insurance related disputes, complex contractual disputes etc.
Insolvency related litigation and advisory.
The team’s vide range of experience, legal expertise, keen attention to strategy driven processes, success rate and passion for the practice of law, makes us the preferred partner in all your litigation related needs. Our team consistently endeavours to ensure excellence in service and superior client experience. We are also committed to actively contributing towards social and environmental causes.
Our highly specialised corporate and commercial team at Khaitan Legal Associates has a wealth of experience advising clients in the education sector: including primary & secondary education as well as higher education; both technical and non-technical. Our team provides hands-on, bespoke assistance to the varied requirements of client.
Non-transactional: our education practice covers the entire gamut of advisory needs of the client including regulatory advice, structuring and compliances under various laws. We regularly advise on regulatory matters at both central and state/regional levels, and affiliation norms with education boards & universities, and setting up of charities/not for profit entities.
Transactional work: our team has extensive experience in dealing with different spheres of investments, joint ventures and acquisitions and assist clients in conducting sector specific due diligence, entry strategy advice and related transaction specific documentation. The team is renowned for its expertise and experience in negotiating and structuring cross-border transactions.
Our experience and expertise in this sector 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.
Advised one of the largest European post-secondary education group in setting up its joint venture in India and training centre.
Advised an Italian school in establishing a presence in India in the higher education sector. Advised on education regulatory matters, structuring of the transaction, entry strategy, establishing formal presence in India, employment, immigration, real estate and other incidental matters.
Advised one of the largest private equity investors in the education sector in acquiring Indian educational institutions from the existing shareholder being a Spanish fund.
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. In most cases, clients seek comprehensive solutions from legal advisers to help them tie-in employment law issues with a whole host of other affiliated issues such as social security, tax and immigration. At Khaitan Legal Associates the employment team works in an integrated manner with the immigration and corporate team to provide the clients with comprehensive business focused solutions.
In India, the employment and HR landscape include a 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 labour and employment team regularly advises 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 also 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 hospitality industry faces a variety of daunting legal challenges from purchasing land, securing permits and approvals, ensuring that businesses comply with labour laws, to drafting management agreements.
Evolving out of the firm’s strong corporate and real estate practices, Khaitan Legal Associates’ hospitality practice offers extensive expertise in the key areas of hotel management agreements, employment and labour laws, intellectual property, tax, financing, licensing and regulatory compliances and dispute resolution.
We undertake a broad spectrum of work that the industry requires including hotel acquisitions and sales with due diligence; documentation for new hotels; hotel financing and debt restructuring; contracts and franchises; joint ventures and alliances; multi-use project development; intellectual property issues; hospitality corporate mergers and acquisitions as well as hospitality dispute resolution and litigation.
Backed by deep legal, regulatory and industry knowledge and experience, our hospitality team devises innovative and effective solutions that protect our clients’ interests, help them avoid pitfalls and enhance their market position. We are proud to represent industry clients of all shapes and sizes in legal matters both simple and complex.
Advised the world's largest and most diverse hotel company based in the United States for a potential acquisition of a hotel chain in India.
Advised a US hospitality group in their acquisitions, restructuring and rebranding in India.
Insolvency & Restructuring
With the onset of the insolvency era in India in late 2016, the team at Khaitan Legal Associates has since become highly sought after for its insolvency & restructuring related corporate, advisory and litigation work. Being an active part of the insolvency regime in India from its very inception, we at Khaitan Legal Associates have a very deep and practical understanding of the subject.
The insolvency & restructuring team at Khaitan Legal Associates comprises of lawyers having extensive experience in dealing with insolvency matters, including financial and corporate restructuring of companies as well as litigation.
Our team is geared to assist banks, corporates as well as high net worth individuals with their requirements. Our expertise covers the entire spectrum of the banking and insolvency industry, including advising clients on project finance, term loans, mergers, acquisitions, joint ventures, disputes and other related aspects. Our expertise also includes advising lenders and borrowers in documentation for loans, security creation, restructuring etc. as well as enforcement of security and other measures for protection of their interests. We also provide regulatory advice to local and foreign clients surrounding insolvency and restructuring in India, possible structures that could be adopted and resolutions for any disputes that may arise in this regard.
On the litigation front, the team has advised and represented creditors and borrowers alike and has been instrumental in moulding insolvency laws in India by being part of several landmark judgments on the subject. We routinely advise domestic and international financial companies, institutions, including non-banking financial companies, Resolution Professionals/Committee of Creditors, corporates and banks. We also advise on matters relating to securitization, external commercial borrowings, securities, bonds, derivatives, loan and bond recoveries, banking and insolvency, asset finance and leveraged finance.
The insolvency & restructuring team of Khaitan Legal Associates boasts of unparalleled expertise in insolvency & restructuring and is a one stop solution for all advisory and disputes related legal work.
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. With Indian insurance industry readying for the much-awaited second-generation reforms, significant action is expected in this sector. The insurance sector represents a tremendous growth potential and has the unique ability to converge the divergent objectives of private profit and social good.
Regulatory advice on insurance regulations and exchange control laws to a foreign reinsurer in respect of its Indian operations.
Advised a leading foreign insurer in issuing Group Medical Policy to an offshore entity with employees in India.
Advised and represented an insurance broking company in connection with regulatory inspection by the Indian insurance regulator.
Assisted leading Indian insurance broking companies set up their offices in GIFT City International Financial Services Centre.
Advice in relation to anti-corruption and anti-bribery laws in India vis-à-vis PSU Insurers.
Practice Area Expertise:
Khaitan Legal Associates prides itself of being one of the select Indian law firms that works in the area of insurance law and regulation. Our team has an in-depth experience in advising and representing local and foreign clients in drafting bespoke insurance products, coverage advice, pursuing subrogated recoveries, negotiating reinsurance communications and conducting litigation. We at KLA assist clients enter local insurance markets in all capacities.
Advice on correspondence with the Insurer, to the Insured about a claim under Professional Indemnity Policy.
Advice on correspondence with the Insurer, to the Insured about a claim under Professional Liability Policy.
Advised a leading group of consultants on their liability policies, including identification of gaps and recommendations.
We at Khaitan Legal Associates have intellectual property right laws as one of our niche practice areas.
Our team has the skill, capability, understanding and knowledge to advise on complex issues involving trademark and copyright laws. With our analytical skills and ability to provide innovative solutions, we are able to effectively advise the clients, strategize and represent them in Court in complex litigations.
We advise labels and media houses on the issues of statutory and compulsory licensing, which is one of the most debated issues under copyright laws in India. We also represent media houses on various copyright infringement cases as well as advise labels on copyright audits and on acquisition of content from various producers.
In addition to the above, we advise several start-ups on their day to day issues pertaining to trademarks, trade secrets and copyrights to protect their respective intellectual property. Advising corporates on trademark infringement, trademark audits and other related issues is also a key aspect of our intellectual property practice.
Investment & Private
In the wake of the ever-changing dynamics of the marketplace, private equity firms and venture capitalists seek legal expertise blended with exceptional market insights. Our team boasts of highly qualified legal professionals having strategic expertise and have represented early stage and growth stage venture investors, alternative investment funds, sponsors, managers of the funds, lenders and financial institutions, high net-worth individuals, etc.
We have extensive experience in dealing with different spheres of 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 fund formation, onshore and offshore structuring, drafting offer documents for raising of funds, tax and security registration issues in India, due diligence of prospective investee companies; negotiation assistance from term sheet stage up to closing, documentation and overall transactional support, including working closely with regulators. Our 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 negotiations in a holistic manner.
Our involvement and expertise in the private equity – venture capital space makes us equally adept in advising and mentoring young entrepreneurs and venture capitalists across sectors such as fin-tech, agriculture, entertainment, wholesale retail, healthcare and pharma, energy sector, hospitality etc.
Logistics & Transportation
At Khaitan Legal Associates, our transportation & logistics team responds to clients’ legal needs that arise anywhere in the supply chain in a prompt, cost-effective manner. The depth of our experience encompasses regulatory advice, contract management, commercial and financial advice and insurance/risk management. In addition, our litigators have represented clients successfully in administrative and civil litigations in various courts.
The transport and logistics industry are central to the evolution of an efficient global marketplace. It is also an industry with evolving legal and regulatory demands requiring advice and counsel that looks beyond the borders of a single country.
Through our work with leading transport and logistics companies, their advisers and their suppliers, we have developed the industry knowledge required to provide specialised support. As an interdisciplinary group with a global presence, we can field an informed and highly qualified team of lawyers in major markets around the world.
Advised a leading German logistics company on its Greenfield project and joint venture into India.
Advised an Indian subsidiary of a German logistics company in its ongoing corporate compliances.
Advised an offshore entity in acquiring majority stake of an Indian entity (engaged in the business of printing, packaging and export) by a non – resident company from its promoters.
Advised a German logistics company in acquisition of stake from its Indian joint venture partner.
The private client team at 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 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 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 various 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.
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, title insurance, 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 advise 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 regards to immovable properties and real estate in India.
Our clients include both foreign and domestic corporates, individuals, major developers, contractors, and foreign law firms.
We at Khaitan Legal Associates have diverse experience in dealing with corporates, funds, regulators and related entities. We have a highly specialised corporate and commercial team which has a wealth of experience in advising clients in both transactional and non-transactional work. Our corporate and commercial team provides hands on and bespoke assistance to the varied corporate law requirements of clients ranging from complex acquisitions or domestic transaction to regulatory applications/ filings and day to day advisory concerning laws, rules, regulations.
With our extensive knowledge of local regulations and our multijurisdictional capabilities, we are well-positioned to help clients deal effectively and creatively with regulatory and compliance issues. Our clients come to us to understand their responsibilities, manage risks and lessen the impact of complex regulatory regimes on their transactions or day-to-day operations.
We have extensive experience in banking and financial services where we advise on all aspects of regulatory compliance and contentious issues involving the insurance, banking, capital markets and investment fund sectors. Our objective is to create sophisticated strategies that safeguard our clients’ assets and reputations and enable them to concentrate on pursuing their business objectives.
We combine substantive legal analysis with a sophisticated understanding of the legislative and regulatory process. Our services range from assisting clients to navigate various legislative, regulatory, advising on existing and proposed laws and regulations. From offering strategic advice to helping clients address the daily operational regulations affecting their enterprises.
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 in line with their business goals and vigorously representing our clients’ interests.
Advised and assisted clients in drafting and submitting application to RBI to seek approval for foreign direct investment in companies involved in sectors requiring government approval.
Drafted the documents and coordinated with authorised dealer banks and regulatory authorities for filings under exchange control laws.
Advised and assisted clients in drafting reply to show cause notices and compounding applications.
Advised and assisted clients in preparing and submission of application to RBI for grant of registration as non-banking financial company.
Advised clients on striking off of companies under the Companies Act, 2013 and assisted in making applications and filings with the ROC.
Advised and assisted clients in drafting reply to show cause notices and compounding applications.
Advised on formulation of the scheme of amalgamation and assisted clients in drafting and filing of documents before the courts and various regulatory authorities. Coordinated with concerned authorities for their respective no objection certificates. Represented the client in the High Court and before various regulatory authorities in relation to the merger process and in obtaining the order sanctioning the merger.
Advised and assisted clients in drafting of application for grant of general exemption from open offer requirement under the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011.
Assisted clients in making application to the IRDAI under the three stages as per the relevant insurance regulations for grant of reinsurance branch office registration. Liaised with the several departments within the IRDAI in relation to the applications.
Advised and assisted a client in application for setting up an insurance broking office at GIFT City to the Insurance Regulatory Development Authority of India.
Assisted a client in making an application for a unit in special economic zone to the Development Commissioner, special economic zone.
Start-Ups & General Counsel
Khaitan Legal Associates has extensive expertise and experience in supporting the entire start-up ecosystem and has long lasting partnerships with several start-ups, investors, funds, incubators, networks and associations. The focused team has advised several clients engaged in this space and provides continued support to both start-ups and other ecosystem players.
Our gamut of work ranges from general counsel retainers to transaction and corporate advisory to litigation and dispute resolution services. We have advised and structured transactions for all stakeholders, which has included representing the investee company, founders of the investee company, existing investors as well as incoming or exiting investors. We assist start-ups in all spheres associated with their operations, including employment law, data protection, corporate secretarial compliance and insurance. The ambit of our clients’ range from funds focussed on social impact to funds backing technology driven start-ups and our portfolio companies are engaged in sectors across the spectrum ranging from artificial intelligence to research development to logistics. Our team is well equipped to support start-ups from their incorporation to due diligence to fund raising and our partnership with various incubators and associations provides us with a deep insight into the start-up ecosystem which allows us to address our clients’ requirements in a holistic manner.
Our thought leadership in this growing space is evidenced by our Partners being brought on as mentors in industry bodies and in the Government of India’s flagship initiatives to forward and support India as the 3rd largest start-up eco system. Our mission is to effectively partner and collaborate to facilitate the industry development and growth.
We, at Khaitan Legal Associates, are committed to providing knowledge-based and solution-oriented tax advisory services to our clients. To provide holistic solutions both from a technical/legal and commercial perspective, in addition to lawyers, the firm’s tax team also includes a chartered accountant.
The tax team has expertise across various areas of Indian domestic taxation and cross-border taxation (including international taxation) with a dedicated focus on advising on issues arising out of double taxation avoidance agreements, general anti-avoidance rules, multi-lateral instrument (MLI), information exchange treaty, place of effective management (PoEM), etc. Resultantly, the team provides tax advisory on complex transactions including tax efficient structuring of inbound and outbound investments, mergers and acquisitions, insurance, domestic/group restructuring, withholding taxes, permanent establishment (PE) exposure in India, transfer pricing, tax efficient structuring of Funds [foreign portfolio investors (FPIs) and Alternative Investment Funds (AIFs)], etc.
The tax team works with independent clients, and clients of other practices at Khaitan Legal Associates, across various sectors including pharmaceutical, e-commerce, IT & ITES and manufacturing sector. The team has also successfully established its presence in the start-up ecosystem and offers tax advice to start-ups including those engaged in fintech, aggrotech and artificial intelligence.
KLA is also part of the International Tax Specialist Group (ITSG), a network with tax specialist members in over 50 countries around the world. This enables KLA tax team to provide global tax solutions to clients which are customized to achieve the overall objective of being tax efficient and compliant.
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