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Corporate Laws: Expertise of Jotwani Associates

Our Corporate Law Firm Services Includes

Starting a new business can feel complicated. We at Jotwani Associates are here to help you with that first big step. We assist you in setting up your business in the right way.Our team can help you form different kinds of business structures. We can help you create a Company to run a business. We also help with Limited Liability Partnerships or LLPs which is like a mix of a company and a partnership. Jotwani Associates can also assist in forming a Trust which are often set up for managing assets.

For those wanting to do good without profit, we help form not-for-profit entities. These are sometimes called Section 25 companies. We also help in setting up a Societies which are usually formed for charitable or social purposes. Our expertise extends to creating (Wholly owned) Subsidiaries. This is when an existing company wants to start a new branch.

So, whether you are starting a small business or a larger organization, we are here to guide you through the process of incorporation. Let Jotwani Associates make it easier for you. Let us check few of our specialised service.

Corporate Laws

Incorporation of Entities. Jotwani Associates assists in formation of all kind of corporate entities, including Company, LLP, Trust, not-for-profit (Section25), Society, (Wholly owned) Subsidiaries, etc.

Joint Venture Companies

Joint Venture companies are magnificent legal tool that allows technology transfers and governance of the JV entity in a manner so specified by the participating companies. Being the top corporate law firms in India, we are in a unique position to assess the strengths and weakness of partners to enable successful and profitable JV relations. Our understanding of the subject has helped several leading firms carry out their joint venture partnerships with commitment and zeal from all parties involved.

Corporate Compliance

Modern day corporations require number of compliances to be followed in India. Working as trusted corporate lawyers India, Jotwani Associates has documented all compliances and prepared a check list to assist corporations in their day to day compliances. This keeps management free from facing any negative legal consequences; and helps them focus on the business. We help businesses carry out their daily tasks without breaking their head over any of the legal matters, it’s always a happy proposition for us.

Foreign Direct Investments

Jotwani Associates legal team assists Investors and Funds to make appropriate investments into several sectors as per the Reserve Bank of India (“RBI”) guidelines. Leading our way as corporate lawyers India, the knowledge and practice of Banking Law has placed us in a unique position to handle these big investments. We making a complicated procedure a simple one as foreign investments can often be a cumbersome affair for most people.

Structuring Stock Options

Whether it’s rewarding Employees or the Board members, Jotwani Associates plays a unique role in structuring the stocks to be vested upon a specified occurrence, as per the Indian Laws

Why Jotwani Associates is considered as one of the Top Corporate Law Firms in India

Jotwani Associates is a leading corporate law firm in India. We work hard to give you solutions quickly which are practical and won’t break the bank. We help all kinds of clients no matter their size.

Our aim is to help your business grow and we want to support your business plans. We are passionate about our work as our team has great skills and new ideas. We use these to give you services that fit your exact needs.

More Corporate Law services provided by Jotwani Associates:

  • Formation of entities in India and other tax saving nations
  • Corporate secretarial Work
  • Company mergers, acquisitions, take over
  • Permissions and approvals under Competition Act (anti-trust laws) in India
  • Due-Diligence for purpose of mergers and acquisitions – M &A
  • Compliance under Companies Act, 2956
  • Foreign Direct Investments
  • Foreign currency remittance
  • Corporate restructuring
  • Winding up of companies in India
  • Stock Options
  • Share Transfers
  • Board Resolutions and Meetings
  • Share Purchase Agreement
  • Shareholders Agreement
  • Joint Ventures
  • Memorandum of Understanding
  • Franchising
  • Real Estate and Lease Arrangements

What is Corporate Law?

Corporate Law is like the rulebook for companies. These rules tell companies how to start and run their business. The rules also cover how to close a company. Think of companies like Infosys or Maruti Suzuki. Corporate Law sets the ground rules for them. It deals with things like who owns the company. It also covers what the company can and cannot do.

Importance of Corporate Law?

Corporate Law is very important for many reasons. It helps businesses operate smoothly. It also protects people who invest in companies. Corporate law, for instance, protects the rights of people who buy stock in a company. This law also makes sure companies act responsibly. It helps prevent fraud and unfair practices. Because of Corporate Law, customers can trust that companies are following certain standards. This trust is crucial for a strong economy.

Types of Corporate Law

Corporate Law has different branches. Each branch deals with specific things related to companies. Here are some main types:

  • Company Formation and Governance Laws: These laws tell you how to start a company. They also explain how a company should be managed. These rules cover things like registering the company. They also cover the roles of directors and shareholders. For example, the Companies Act in India has these rules. It says how companies must hold meetings and keep records.
  • Securities Laws: Selling company shares to the public has specific rules. These rules help protect people who invest their money. Companies must share honest details when they offer their shares. In order to stop fraud, the Securities and Exchange Board of India or SEBI, creates these rules and keeps an eye on the stock market.
  • Mergers and Acquisitions (M&A): This area of law deals with companies joining together. It also covers one company buying another. When Tata Steel bought Corus, it involved M&A laws. These laws ensure the process is fair. They also look at potential impacts on competition.
  • Contract Law: This is a broad area of law. It applies to agreements between companies. It also covers agreements between a company and other parties. If Infosys signs a deal with a client Contract Law governs that agreement. These laws make sure promises are kept. They also provide ways to resolve disputes.
  • Competition Laws: These rules help make sure companies don’t get too powerful. They prevent companies from unfairly taking over the market. For instance, the Competition Commission of India (CCI) looks into these kinds of problems. This encourages fair competition between businesses.
  • Corporate Taxation Laws: Corporate taxation laws describe how businesses manage taxes. A business must pay taxes on its earnings. These laws specify how much tax companies need to pay. They also outline the rules for filing tax returns. For example, the Income Tax Department in India handles corporate taxation. For businesses, it establishes the guidelines for tax computation and payment.
  • Labour and Employment Laws: The connection between a business and its employees is governed by these regulations. They cover things like wages working hours and safety. For example, laws in India specify minimum wages that companies must pay their workers. They also have rules about workplace safety.
  • Intellectual Property Laws: A company’s creations are protected by these laws. This includes things like inventions brand names and designs. These laws give companies exclusive rights to use their creations. This encourages innovation. For example, if a company invents a new technology Patent Law can protect it. Trademark Law protects brand names like Nike or Apple.

Important Responsibilities of Corporate Lawyers

Corporate lawyers help start a business correctly. They make sure all the paperwork is done right. These lawyers also help businesses stay legal as they grow. For example, they advise on contracts with other companies. They also help with things like hiring employees.

These lawyers also help companies stay legal. They advise on things like contracts and make sure agreements with other companies are fair and follow the rules. If a company wants to merge with another, the lawyer helps with that process too.

Sometimes, businesses get into legal trouble. Corporate lawyers represent the company in court. Their goal is to safeguard the company’s interests. If a business is sued, for instance, the matter will be handled by its corporate lawyers.

Corporate lawyers also help companies understand new laws. They explain what the laws mean and how the company needs to change. This helps businesses avoid breaking the law.

Good corporate lawyers help prevent problems. By giving good advice early on, they can stop legal issues from happening. This saves the company time and money in the long run. Think of them as legal guides for the business.

Practice Areas under Corporate Law

Corporate law has different areas of focus. Lawyers often specialize in one or more of these areas.

  • Compliance: Adhering to all laws and regulations is known as compliance. Businesses must ensure that their actions are compliant with the law. To ensure that businesses are aware of the regulations, corporate lawyers assist with this. They also help set up systems to follow these rules.
    • In-house Lawyer: An in-house attorney is employed by a business directly. They give legal advice to their company on a daily basis.
    • Counselling both publicly traded and privately held businesses: Lawyers advise different kinds of companies. While privately held corporations do not sell their shares on the stock market, publicly traded companies do. The legal advice needed can be different for each type.
  • Corporate litigation: This involves legal disputes that companies get into. Sometimes a company might sue another company or might get sued. Corporate lawyers who specialize in litigation represent companies in these legal battles. They go to court and argue the company’s case.

Corporate Laws in India

Let’s understand some important corporate laws in India.

  • Companies Act, 1913:It was made when India was under British rule. The law told people how to start and run companies. It was like a rule book for businesses back then.
  • The Companies Act, 1956:After India became independent, a new law was needed. This new law had many rules about how companies should operate. This law governed things like company registration, management and how accounts should be kept for a long time. Many Indian companies followed this law for decades.
  • Foreign Trade Act 1992:This law created the Securities and Exchange Board of India or SEBI which is like a watchdog for the stock market. It makes rules to protect people who invest in companies. This act ensures that companies are honest when they sell shares and bonds.
  • Competition Act of 2002:This law is to make sure businesses compete fairly and stops companies from becoming too powerful and controlling the market. This Act prevents things like fixing prices or stopping new businesses from growing.
  • Companies Act, 2013:This is the current main law for companies in India. This Act updated the old 1956 law to fit modern times. It has new rules about how companies are managed their responsibilities and how they report their finances.