Practice Areas
Corporate & Business Laws
We offer a variety of Services which encompasses a range of activities from Formation of Companies, Compliance Management to Mergers & Acquisitions, Business Reorganisation and Reconstruction and Winding-up. Our Team has the expertise in propining expert counsel on legal issues pertaining to administration and liquidation. We also assist Enterprises in the Legal Aspects of raising financial resources either through the bourses or through other sources.
- Formation of Companies
- Governance Audits
- Compliance Management
- IPOs, Listing Compliances, Takeover Code, Insider Trading
- Winding up & Liquidation Includes matters relating to dealing with Registrar of Companies, appearance before NCLT, NCLAT, SEBI.
- Due Diligence
- Structuring of transactions and acquisitions
- Drafting / Vetting of transaction documents
- Closing assistance
- Framing of corporate restructuring schemes
- Assistance in post merger compliances includes matters relating to appearances before NCLT, NCLAT, SEBI compliances, RBI compliances.
Contracts, Tenders and Bidding Documents
Today’s globalised and complex business environment demands that any Enterprise before venturing into any transaction, deal or venture protect itself by way of a contract. We at Eshwars, have the expertise, and the experience, in assisting the Enterprise in drafting contracts to bring about an effective protection for the parties involved in the transaction.
Our expertise and experience in Contracts has a very wide spectrum, ranging from various industries to various types of documents, be it………
- Shareholder Agreements – Private Equity or Venture Capitalists
- Share Purchase Agreements
- Joint Venture Agreements
- Escrow Agreement
- Product Licensing Agreements
- Services Contracts
- Intellectual Property Licensing Agreements
- Franchisee Agreements
- Master Services Agreements, SoW’s
- Software License Agreements
- Vendor Contracts
- Confidentiality Agreement
- Business Service Agreements
- Loan Agreements
- Selling Agents
- Channel Partner Agreements
- Business Development Partner Agreements
- Teaming Agreements
- Business Consortium Agreement
Intellectual Property, Domain Names, Distribution and Franchising
WTO and its off spring – GATT and GATS, have now brought about an effective Intellectual Property Protection regime
We provide:
- IP Audits,
- IP Portfolio advisory – strategy and protection
- National and International filings and prosecution.
- Litigation – Enforcement, Search, Seizures & defence.
- Strategies for protection
- Actions against cyber squatting
- Strategies for protection
Transaction Advisory, Structuring & Evaluation
With Globalization of businesses across all industry verticals, it has become imperative for businesses to explore various avenues for growth either by way strategic investments in other entities or by acquisition of businesses or entities or in other forms.
We at Eshwars have the expertise and experience advising Business Houses by being a part of their Core Team to structure the deal with due consideration of all the applicable legal issues. Eshwars, apart from their experiences in India also has the experience in advising Business Houses in their foray into United States, Middle East, CIS Countries, China and South East Asia.
The old Latin adage "Caveat Emptor" has gained prominence with the increasing desire of Enterprises to grow, which requires them to Evaluate Businesses ("Due Diligence") before venturing into them either on a green field basis or through Mergers and Acquisitions. We undertake Legal and Secretarial Due Diligence of Entities prior to any transaction and also assist entities which are on Transaction Mode in conducting a "Pre-Due Diligence" to ascertain their level of preparedness for the Transaction.
TRANSITION SUPPORT & POST TRANSACTION STRUCTURING
We at Eshwars share the opinion of the Entrepreneur that the completion of a Transaction is a new beginning, which requires constant support for the Transaction to be successful of which Transition is an essential part. We provide Transition and Post Transaction Structuring Support to ensure the compliance of various enactments.
We cherish our associations by being part of the negotiation team.
TOPLegal Representation & Dispute Resolution
Any dispute and litigation involves an understanding of the cause of the dispute and understanding the various precedents in such matters and thereafter strategizing the methodology of taking the same forward in the best interest of the Enterprise. We at Eshwars bring about a different dimension in disputes and litigation and our various reported judgments are a standing testimony to the manner in which we approach litigations, few of them are
- M.Lakshmi Narayanan Vs. Rasi Nidhi Limited [2005] 57 SCL 435 (CLB-Chennai).
- V Thangavelu Vs. Associated Business Credits Limited and others [2006] 71 CLA 250 (CLB).
- Sporting Pastime India Limited and Others Vs. Kasturi &Sons Limited [2006] 72 CLA 401 (CLB).
- Jindal Praxair Oxygen Company (P) Ltd., Vs. Praxair Pacific Ltd. [2005] 61 SCL 93.
- Forbes Finance Ltd., In re [2009] 149 Comp. Cas 16.
We represent before Arbitration Tribunals, National Company Law Tribunals, Intellectual Property Appellate Tribunal, MRTPC, FEMA Appellate Tribunal, Adjudicating Officers under FEMA and SEBI enactments and also device strategy and provide support services for litigation before other forums.
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