Khaitan Legal Associates is a partnership is registered in Mumbai, India.
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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.
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.
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 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.
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.
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.
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.
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.
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