The ruling in ‘Solomon v. Solomon’ on distinct corporate identity notwithstanding, Corporate Law is as personal as it is dispassionate in that companies impact a wide spectrum of people. From inception to operation to winding up, the life-cycle is subject to various laws and regulations. Corporate law practice requires high degree of diligence coupled with the ability to identify potential risks and opportunities. The modern business environment demands that expertise in this field encompass mergers and acquisitions, capital markets, environmental laws, franchising, sports and alternate dispute resolution, infrastructure as also traditional secretarial services or employment and labour laws.
Lakshmikumaran & Sridharan has a strong Corporate and Commercial Law Practice built around mergers & acquisitions, private equity, real estate, regulatory, infrastructure, general corporate and commercial advice and litigation. Experienced practitioners of L&S have specialized expertise in all aspects of these transactions and law including corporate, regulatory, taxation, intellectual property and labour issues. The dispute resolution and litigation teams in L&S have strong background in arbitration and mediation and have experience in appearing before a variety of courts and forums. Apart from the above areas, the Corporate Team in L&S also includes attorneys specializing the niche areas of sports law and competition law.
The Corporate Practice of L&S is complemented by its formidable Tax and Intellectual Property Practices. Several multi-disciplinary teams exist within the firm to ensure that transactions are efficient from taxation, structuring and regulatory positions.
Select an expertise from the list below to learn more.
Mergers and Acquisitions
Over the last decade, mergers and acquisitions have become central to driving growth of many companies in India. Apart from being a growth choice, M&A has allowed companies to achieve a variety of objectives such as entry into newer markets, vehicle for capital investments, shielding competition, acquiring intellectual property and reducing tax liabilities.
Private Equity practice in India is unique due to the organization of Indian economy. The economy is driven by a large number of family owned and managed companies and a relatively high number of listed companies, all of which face lack of liquidity in the market despite having large available capital. This presents a unique opportunity for private equity in India for making financial and operational contribution.
The Real Estate sector contributes between 5% and 10% to India’s GDP, either directly or indirectly and is one of the fastest growing segments in India. With the growth of the Indian industry, emergence of India as a global R&D center for companies and push for upgrading infrastructure facilities such as roads, ports, industrial parks and townships, real estate sector has come to occupy the centre-stage.
Anti-trust and Competition Law
Anti-trust and competition law are important for orderly development of any economy. With the rapid growth of economy and industry, India has enacted a comprehensive competition regime for curtailing anti-competitive practices. Unlike the erstwhile Monopolies and Restrictive Trade Practices law, the new Competition Law is economics-centered and follows a market-based approach.
Arbitration has become sine qua non in all commercial ventures across the globe. In India, as in other countries, the unpredictability of outcomes of litigation has led to adoption of arbitration as the primary means of dispute resolution. The law and procedures in this area consequently have developed steadily and understanding the limits and application of this law in practice is crucial.
General Corporate and Commercial
The setting up and operating of, a corporate entity, require substantial level of compliance with local laws and regulations. In order to ensure complete compliance, companies require fundamental legal services and support in the form of corporate secretarial services, regulatory advice and compliance, assistance in company law matters, agreement drafting and vetting, employment and non-disclosure agreements and general legal consultancy.
Sports in India have largely been an unregulated industry with individual federations and associations managing events and activities in India. The sector was never the focus of development and only pockets of excellence sustained growth. However, with the Indian economy systematically growing and increased demand by the domestic market for sports, interests in this area have dramatically increased.
Infrastructure and Project Finance
Infrastructure is one of the important sectors recognised as the greatest facilitator of development in India. There are several infrastructural sectors including Power, Aviation, Ports, Road and Highways, Railways and Oil & Gas. Each of these areas has undergone major reforms as India moved from a closed and mixed economy to open market allowing private and foreign participation in these areas.
Corporate and Commercial Litigation
India sees a tremendous amount of litigation every year. A large number of these litigations involve commercial contracts, debt recovery, real estate, regulatory and corporate laws. Commercial and general litigation entail specialization of higher order in various fields of law.
India’s securities markets are witnessing historic levels of economic activity owing to the implementation of game-changing business-friendly reforms in the past few years. India’s capital markets are both a beneficiary of this positive investor sentiment and are also proving to be fertile ground in the creation of new market leaders.