Khaitan Legal Associates is a partnership is registered in Mumbai, India.
Copyright 2020 Khaitan Legal Associates. All Rights Reserved.
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.
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.
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.
With an ever-changing landscape in global mobility, it is imperative to understand and stay abreast with the rules and regulations of Indian immigration. At Khaitan Legal Associates the global mobility team works in an integrated manner with the employment, corporate and tax teams to provide the clients with a holistic, comprehensive and business focused solution.
A insight into the organisation of Indian immigration rules and regulations demonstrates various government decision making ministries. Whilst the fundamental rules of Indian immigration are administered by the Ministry of Home Affairs (“MHA”) and Ministry of External Affairs (“MEA”) of the Union Government on an adhoc basis, the Ministry of External Affairs remains at the helm for regulating and issuing visas through various High Commissions, Embassies and Consulates across the globe. The Ministry of Home Affairs on the other hand deals with formalities that are required to be completed within India such as extensions, registrations and the like, via its network of local Foreign Regional Registration Offices (FRRO).
Due to the lack of transparency and uniformity of these rules and regulations, clients face increasing complexities of getting their expatriates to India. Our immigration team acknowledges the significance of providing accurate, timely and cost-effective advice to our clients. We advise our clients on an array of matters including visa entry strategies, pre and post arrival strategy advice and formalities as well as other applications such as exit permits, re-entry permits, police verifications, OCI cards, repatriation formalities, police clearance certificates, legalisations and apostilles in India. 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 clients and we offer them holistic solutions based on our varied experiences. We work with several foreign service providers, law firms, immigration specialists, accountancy practices, relocation companies, consultancies etc. to support their individual immigration requirements.
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.
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.
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.
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.
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.
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