Personal Insolvency: Recent Judicial Interpretations
Exploring key court rulings that shape personal insolvency laws in India, focusing on debtor-creditor dynamics and legal frameworks.
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Corporate Law
Business and commercial advisory at its best.
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ECONOMIC OFFENCES | TAX LAW | LITIGATION
M&A
Cross Border Investments
PE & VC
Startups
Insolvency
Technology & Privacy
Foreign Exchange
General Corporate Advisory
Mergers and Acquisitions, Joint Ventures
Our firm specializes in handling complex mergers and acquisitions (M&A) and joint ventures for both domestic and international clients. We provide end-to-end legal assistance, from conducting due diligence and structuring transactions to negotiating agreements and obtaining regulatory approvals. Our team's proficiency ensures seamless execution and successful outcomes for our clients' business expansion and collaboration endeavors.
DUE DILIGENCE
Conducting legal due diligence to identify potential risks and liabilities, evaluation of representations and warranties, through a collective experience of advocates, chartered accountants, valuation, and subject matter experts.
NEGOTIATION AND STRUCTURING
Designing and structuring deals to optimize terms while ensuring alignment with legal mandates.
DOCUMENTATION
Drafting and reviewing complex contracts and agreements such as term-sheets, MOUs, SHAs, SPAs, Share Swap Agreements, Non-compete and Non-solicitation Agreements, Asset and Stock Purchase Agreements, Business Transfer Agreements, besides others.
COMPETITION LAW
Securing necessary approvals and ensuring adherence to competition laws (Competition Act, 2002), industry regulations, and cross-border considerations.
SHAREHOLDER & STAKEHOLDER MANAGEMENT
Strategic counseling on engaging various shareholders and stakeholders and creating legal relationships between them to ensure productive post-M&A integration.
PEOPLE TRANSITION
Advising clients through complex labour and employment considerations during M&A and restructuring exercises.
TAX LAWS
Advisory and representation for tax cost minimization, in both direct (income-tax, black money), and indirect (GST, customs) taxes and other economic laws.
Cross Border Investments
Navigating the intricacies of cross-border investments requires a deep understanding of international laws and regulations. At Metalegal Advocates, we assist clients in exploring and executing cross-border investment opportunities with confidence. Our lawyers possess extensive knowledge in handling cross-border transactions, ensuring compliance, mitigating risks, and maximizing the benefits for our clients.
FOREIGN DIRECT INVESTMENT (FDI)
Advising investors and Indian businesses alike to facilitate investments into India through the FDI route.
OVERSEAS INVESTMENTS (OI)
Advisory and representation relating to overseas investments (earlier, ODI) by Indian resident individuals and businesses into foreign securities, shares, and assets.
INTERNATIONAL MERGERS & ACQUISITIONS
Regulatory compliances, competition law filings, tax structuring and other legal aspects related to cross-border mergers and acquisitions.
JVs AND STRATEGIC ALLIANCES
Advisory, compliances, drafting and negotiating agreements, safeguarding our clients' rights and interests for joint ventures and strategic business alliances.
INVESTMENT DISPUTE RESOLUTION
Handling complicated investment disputes through negotiation, mediation, or arbitration, and through litigation approaches, to seek favorable resolutions and protecting clients' interests.
IP PROTECTION AND MONETIZATION
Assisting clients in safeguarding their intellectual assets, including patents, trademarks, and copyrights, and advising on international licensing and technology transfer agreements.
TAX ADVISORY
Advising and representing clients in income-tax, international tax, transfer pricing, GST, and other tax related matters in relation to cross-border investments and structures.
Private Equity & Venture Capital
We offer comprehensive legal support to private equity and venture capital firms, as well as emerging businesses seeking funding. From fund formation and investment structuring to exit strategies, and from trust law and fund regulations to tax optimization, our team is well-versed in the nuances of this dynamic sector, enabling our clients to capitalize on investment opportunities and foster growth.
FUND FORMATION AND STRUCTURING
Assisting in setting up private equity, venture capital, AIFs and other funds, drafting and negotiation structures from Limited Partnership Agreements (LPAs) to Private Placement Memorandums (PPMs).
DEAL NEGOTIATIONS AND DUE DILIGENCE
Negotiating and structuring investment deals, conducting thorough due diligence on potential targets to identify risks and opportunities for a well-informed investment decision-making, which aligns with the client's investment theses.
EQUITY AND DEBT INVESTMENTS
Strategic counselling on equity and debt investments and hybrid investment structures, for target companies ranging from growth-stage businesses to distressed assets.
CORPORATE GOVERNANCE
Advising investors regarding legal issues related to good corporate governance practices, for compliant running of portfolio companies.
INVESTOR RELATIONS
Assisting in drafting fund reporting documents and handling investor communications, with focus on legal and regulatory changes and their impact on business.
INVESTMENT DISPUTE RESOLUTION
Mitigating investment disputes through ADR mechanisms, and representing investors in litigation proceedings upon escalation.
M&A AND EXIT MANAGEMENT
Advising on acquisition and divestiture of portfolio companies, handling complex M&A transactions, advising on exit strategies, including IPOs, secondary offerings, and trade sales, to help maximize returns.
Startups
At Metalegal Advocates, we are passionate about nurturing innovation and guiding startups on their journey to success. With a deep understanding of the unique challenges and opportunities that startups face, our team of experienced advocates and chartered accountants is dedicated to providing tailored legal solutions that empower emerging businesses to thrive in today's dynamic market.
ENTITY FORMATION
Assisting startups in choosing the right legal structure and vehicle for growth, including companies, trusts, firms, LLPs.
STRUCTURING
Optimizing business structures for operational efficiency, including legal structuring, tax structuring, foreign and domestic structures holding-subsidiary structures, SAFE (Simple Agreement for Future Equity) structures.
IP PROTECTION
Safeguarding intellectual property through filings and anti-infringement litigation for trademarks, patents, and copyrights.
FUND RAISING AND INVESTMENTS
Navigating funding avenues to secure resources for growth, while legally protecting the startup and promoters, including investments from family, angels, strategic, VC or PE investors.
CONTRACTS AND AGREEMENTS
Drafting comprehensive contracts and agreements tailored to meet startup needs, including Founders' Agreements to complex SHAs and SSAs, Employment Agreements, Non-solicitation and Non-compete Agreements, IP licensing agreements, Strategic Partnerships, Business Transfer Agreements, besides others.
EMPLOYMENT AND EQUITY COMPENSATION
Structuring teams and incentives for long-term success, advisory related to ESOPs, Employee Welfare Trusts and other incentive structures.
DISPUTE RESOLUTION
Effective representation and protection of startup interests through litigation and ADR mechanisms, before various courts, authorities, tribunals and forums in India and abroad.
GROWTH AND EXIT STRATEGIES
Advisory related to mergers and acquisitions (M&As), IPOs, secondary transactions, business transfers as going concerns, and trade sales.
TAX ADVISORY AND LITIGATION
Advisory and legal representation in litigation including income tax, GST and other taxes, tax planning, tax optimization.
Insolvency and Bankruptcy Law
In today's fast-paced business environment, companies face various challenges. Our firm provides adept counsel and representation in matters related to insolvency and corporate restructuring. We assist distressed businesses, creditors, and investors in navigating the insolvency process, restructuring debts, and optimizing asset recovery strategies.
RESTRUCTURING AND TURNAROUND
Assisting financially distressed companies and businesses devise effective strategies for revitalization.
CORPORATE INSOLVENCY RESOLUTION PROCESS (CIRP)
Comprehensive advisory, handholding, and litigation support during the insolvency resolution process before the NCLT, the IRP/RP, transaction audits, valuations, and other contours of the procedure.
BANKRUPTCY AND LIQUIDATION
Guiding clients through bankruptcy proceedings and liquidation, cluster sales, and other processes and sub-processes within the bankruptcy and liquidation proceedings.
PUFE TRANSACTIONS
Advisory, representation and litigation relating to preferential, undervalued, fraudulent, and extortionate transactions.
CREDITORS' RIGHTS AND REMEDIES
Assisting creditors in understanding and enforcing their rights during the debt defaults, recovery process, insolvency and liquidation processes, before the NCLT, IRP/RP, NCLAT, and various courts.
DEBTOR REPRESENTATION
Representing debtors seeking reorganization and debt relief, and legal advisory related to strategic revival and resolution processes.
CROSS BORDER INSOLVENCY
Managing international insolvency cases across jurisdictions, especially involving Indian holding or subsidiary companies and/or branch offices or permanent establishments in India.
DISTRESSED ASSET SALES
Advising on the sale of distressed assets, fire sales, asset-cluster sales, while ensuring legal compliance and optimal debt resolution.
EMPLOYEE AND LABOUR ISSUES
Addressing employment concerns in insolvency and liquidation situations, including terminations, unpaid dues, social security claims, separation agreements, post-separation cooperations, ESOPs, besides others.
LITIGATION AND DISPUTE RESOLUTION
Representing clients in insolvency-related disputes before the NCLT, NCLAT, High Courts and the Supreme Court.
DIRECTOR AND OFFICER LIABILITY
Advising on fiduciary duties and potential liabilities of executive and non-executive directors, disgorgement claims, and other monetary liabilities of directors and officers of the company.
Technology & Privacy Law
In the digital age, technology and privacy concerns are paramount. Our attorneys have vast experience in advising clients on technology-related legal matters, including data protection, cryptocurrencies, cybersecurity, software licensing, e-commerce compliance, and privacy regulations.
LICENSING AND IP
Offering strategic advisory on software licensing agreements, ensuring protection of intellectual property rights, tax optimization in technology licensing and royalty aspects.
CYBER SECURITY, CYBER-CRIMES, AND DATA BREACH
Assisting in developing robust cybersecurity measures as per regulatory prescriptions and offering rapid response strategies in the event of cybercrimes, data-thefts, and data breaches.
E-COMMERCE AND DIGITAL TRANSACTIONS
Legal support for online businesses, advisory for helping technology businesses navigate regulatory frameworks, draft terms of use, and facilitate secure digital transactions.
TECHNOLOGY CONTRACTS AND PROCUREMENT
Advising on technology-related contracts, smart contracts, including vendor agreements, outsourcing arrangements, and procurement contracts, besides others.
EMERGING TECHNOLOGIES
Advising on technology law at the forefront of legal developments in emerging technologies such as AI, blockchain, NFTs, virtual digital assets, and IoT.
DATA PRIVACY COMPLIANCE
Assisting businesses in ensuring compliance with data protection laws, as applicable in their domestic and international businesses including GDPR, CCPA, and other relevant regulations.
PRIVACY POLICIES AND NOTICES
Advising on and drafting clear and comprehensive privacy policies and notices, and timely reacting to privacy breaches and sensitivities.
DATA SHARING AND TRANSFER
Legal guidance on cross-border data sharing and transfer, addressing legal complexities while maintaining data security and privacy.
EMPLOYEE PRIVACY
Employee Privacy: Helping organizations establish and maintain policies that respect employee privacy rights while meeting legal obligations in the workplace.
TECHNOLOGY AND PRIVACY DISPUTE RESOLUTION
Representing clients' interests in technology and privacy law disputes before various forums, authorities, High Courts and Supreme Court.
Foreign Exchange Law
Navigating foreign exchange regulations is essential for businesses engaged in international trade and investment. Our foreign exchange law practice provides expert advice on foreign investment, repatriation of funds, compliance with exchange control regulations, including the Foreign Exchange Management Act (FEMA), Foreign Direct Investment (FDI) policy, Overseas Investment (OI) policies and related matters.
CROSS BORDER STRUCTURING AND INVESTMENTS
Advising businesses and startups on cross-border corporate structures, holding and subsidiary relationships, inward and outward remittances, place of effective management (POEM), permanent establishment aspects, and interplay between FEMA and tax laws.
INTRA-GROUP TRANSACTIONS
Strategic advice on setting up and defending intra-group cross-border transactions such as corporate guarantees, cross-chargeable services, royalty and licensing payments, intra-group trade transactions, besides others.
IMPORT AND EXPORT OF GOODS AND SERVICES
Legal advisory on various issues arising in the import and export of goods and services from third parties and group entities, interplay between customs laws, FEMA, and shipping and banking laws.
VALUATION OF TRANSACTIONS AND ASSETS
Advisory on and defense of valuation of cross-border transactions harmonizing internationally acceptable accounting principles, transfer pricing valuation, and customs SVB valuation.
BRANCH / LIAISON / PROJECT OFFICES
Setting up of branch offices, liaison offices, and project offices of foreign businesses in India, and of Indian entities outside India, with a collective application of FEMA, international tax, and customs laws.
LIBERALIZED REMITTANCE SCHEME (LRS)
Advisory and representation related to remittances made using LRS including investments in foreign shares and securities, asset purchases etc.
DEBT-FINANCING, ECBs
Advising clients on raising debt funding through the external commercial borrowings route and other routes, conversion of debt into equity, debt repayments and write-offs.
FOREIGN CONTRIBUTIONS (FCRA)
Offering counsel related to issues arising from the Foreign Contribution Regulation Act, 2010, and the interplay between FCRA and FEMA.
ANTI-MONEY LAUNDERING AND CFT REPORTING
Assisting businesses understand and comply with the interplay between FEMA, money laundering, and criminal laws.
DISPUTE RESOLUTION
Assisting clients settle their contraventions under FEMA and other laws through representation and litigation approaches before various authorities and courts.
General Corporate Advisory
HOLISTIC APPLICABILITY OF DIVERSE LAWS
Our approach is rooted in a deep understanding of the intricate interplay between various areas of law, including corporate, tax, foreign exchange, civil, and criminal laws. We recognize that the business landscape demands a holistic perspective, and our advisory services are tailored to address the applicability of these diverse legal domains in your strategic decisions.
TEAM EXPERIENCE
What sets us apart is our team's extensive experience across a wide spectrum of legal disciplines. Our skilled attorneys bring a wealth of knowledge in different areas of law, allowing us to offer insightful guidance that takes into account the intricate nuances and potential impacts across various legal frameworks. This multi-faceted expertise enables us to provide you with a comprehensive understanding of the legal landscape surrounding your corporate decisions.
COURT AND LITIGATION EXPERIENCE
While our advisory services are designed to equip you with well-informed choices, we understand that circumstances may escalate, requiring a more assertive approach. Our practice goes beyond advisory; we possess the capability to handle court cases and legal disputes, ensuring that your interests are vigorously represented should matters reach a critical juncture. This comprehensive approach provides you with a seamless transition from advisory to representation, minimizing disruptions and ensuring a consistent legal strategy.
CORPORATE DECISION MAKING AND STATUTORY COMPLIANCES
Our advisory covers a wide spectrum of corporate decisions, from day-to-day operational matters to statutory compliance responses. Whether you're considering strategic partnerships, mergers, acquisitions, or navigating intricate tax implications, our guidance is rooted in a holistic understanding of the legal implications across diverse fields.
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Section 12A of IBC: A Pathway for Regaining Business Control
Section 12A under IBC allows businesses to settle insolvency, regain control, and avoid liquidation through creditor-approved resolutions.
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NCLAT Rejects Secured Status for Tax Dues Under MPVAT in Insolvency Proceedings
NCLAT rules MPVAT tax dues cannot be classified as secured debt in insolvency, reinforcing IBC's creditor hierarchy and priority rules.
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