CORPORATE & COMMERCIAL
The Firm'
s multi-disciplinary corporate and commercial team advises clients on foreign investment regulations in India, setting up of businesses in the country and abroad, joint ventures and collaborations, mergers and acquisitions, business restructuring, statutory compliance audits, due diligence, government approvals and clearances. It also provides regular advisory services and legal opinions to domestic and foreign clients.
The Firm brings with it an extensive and thorough understanding of issues relating to Companies Act, FEMA Rules & Regulations, SEBI & RBI guidelines, Foreign Direct Investments('
'
FDI'
'
) and compliances thereto, Foreign Contribution (Regulation) Act ('
FCRA'
) and all other related laws, regulations and guidelines issued by Government, RBI, SEBI, MCA and other regulatory authorities.
The Firm has advised a number of foreign clients including foreign banks, software technology park units, and consultancy companies for setting up operations in civil aviation and other sectors in India. The Firm has been involved in mergers & acquisitions including bank mergers, sale of various banks'
retail portfolios, and the legal compliance audits of software and other companies.
The Firm assists numerous private and public sector companies on corporate governance best practices. With an increasing demand for disclosure and transparency across all areas of corporate functions, there has been a surge in the need for devising systems to support clients to meet the standards of good corporate governance. The Firm also assists clients in developing and meeting corporate governance benchmarks which boosts business performance and market integrity.
The Firm has assisted several non-profit companies, trusts and societies from various countries meet specific client requirements for doing business and setting up of entities in India.
The Firm has assisted several non-profit companies, trusts and societies from various countries meet specific client requirements for doing business and setting up of entities in India.
The Firm acted as the Borrower'
s counsel for a leading American technology company and assisted it to obtain a "no objection" and approval under FEMA for pledge of its shares in the subsidiary in India and coordinated with various agencies including Lenders'
Counsel and their Administrative Agent. The case related to a Credit Facility Agreement for 1.4 billion USD availed by the Corporation from as many as 28 banks spread in various jurisdictions including Netherlands, Australia, Canada, France, India, Japan, Luxemburg, Russia, the UK and the USA.
Our Firm has been acting as 'full service Law Firm'
and assisting and advising foreign clients and hand holding them through the entire process, right from setting up of an entity in India, ensuring proper documentation, advising on HR related matters, compliance with applicable laws, rules and regulations, timely preparation and submission of reports and returns, coordination with professionals like chartered accountants and company secretaries for ensuring compliance with regulatory requirements, advising on statutory requirements for setting up of factory, leasing of land/premises and obtaining requisite facilities and utilities in coordination from State and Central Government authorities.
Key transactions
Highlights of MVKini’s experience includes:
Joint Venture Agreements
Assisted and advised clients in negotiating and finalising Joint Venture and allied agreements, Collaboration Agreements, Shareholders'
Agreements including premises and equipment Lease Agreements, Master Services Agreements and Employment Agreements.
Mediated a joint venture agreement between leading Aviation companies of India and USA for setting up a maintenance, repair and operations facility ("MRO") for Boeings at Nagpur.
Mediated joint venture agreements between leading Aviation companies of India and Singapore to provide ground and cargo handling services at Hyderabad, Bengaluru and Metro Airports.
Mediated a joint venture agreement between the Airports Authority of India and Maharashtra Government Company to transfer the land at Nagpur Airport to the joint venture company for further development of operations as part of the Multi-modal International Cargo Hub and Airport at Nagpur ("MIHAN") project.
Mediated a joint venture agreement between a leading Turkish company and an Indian company for incorporation of a joint venture company to establish a factory for manufacture and supply of automobile parts.
Legal Due Diligence and Legal Audit
The Firm assists and advises its clients by conducting legal due diligence and compliance audits for or on their behalf to address their specific requirements for corporate decisions like joint ventures, collaborations, mergers, acquisitions, takeovers.
The Firm advised a Mumbai-based technology infrastructure company in the acquisition of a Bengaluru-based e-governance service provider in an all-cash deal to increase the company'
s hold in e-governance projects.
The Firm helped oversee the pre-and post-merger legal compliances for a merger deal for an International Bank involving an amount of US$ 44.5 million.
The Firm was instrumental in the documentation for the takeover of a leading chemicals manufacturer. This included due diligence of contract labour documentation, legal audit for compliance with various laws and regulations and submission of reports and returns.
The Firm assisted and advised in the setting up of India Development Centre of a foreign Bank Group, assess compliance with Indian laws including company law, software technology park regulations, customs and excise procedures, tax and labour laws. The Firm also carried out legal audits of various contracts to assess potential liabilities and risk exposures.
The Firm conducted legal due diligence/audits of Indian companies on behalf of many foreign clients for their inbound investments in India and also in the structuring of the said investment as to whether to invest through shares, collaboration, or through an acquisition or joint venture.
Mergers & Acquisitions (“M&A”) related transactions
MVKini has advised its clients including a leading global chemicals manufacturer, during its takeover of a company at Vadodara. As part of its services, the Firm conducted due diligence of the contracts and related regulatory and statutory documentation for contract labour, legal audit for compliance with various laws and regulations and submission of reports and returns.
The Firm has advised a London-based UK company on its acquisition of majority stake in an Indian company.
The Firm also assisted a global manufacturer of high quality electronic components during its acquisition of an industrial and telecom company in India.
The Firm was also instrumental in the acquisition of a group of companies by a company based in Dubai.
Key People
Vidisha Krishnan,
Raj Rani Bhalla,
Ravi Kini,
Ram Varma,
Els Reynaers and
S.P. Bhatia.
