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Sharma and Sharma Legal – Advocates & Legal Consultant

WHO WE ARE

Sharma & Sharma (Advocates & Legal Consultants) is a full service law firm. It was established in 2006 with offices in Kolkata, New Delhi and Mumbai with associate lawyers, chartered accountants, and company secretaries in most major cities of India, with substantial representations in employment (Labour law & Service Law), transactional, Real estate, insolvency matters particularly related to Insolvency & Bankruptcy Code, 2016, Company matters and numerous litigation and arbitration matters. This network of alliances gives the benefit to the clients of a single window service provider, to deal with all kinds of matters across the country under one umbrella. The Head Office of the firm is in Kolkata conveniently located near to the Calcutta High Court.

Our Vision

The firm’s vision is to provide prompt feasible solutions to the clients and with its efforts to be universally recognised as a full service law firm. The firm’s mission is to provide dedicated, efficient, commercially sound and result oriented solutions to our Clients.
The firm believes in the importance of partners’ involvement and accessibility to its clients. It also ensures that the clients are kept well informed of industry developments on a regular basis.

Our Services

Corporate and commercial law

Corporate and Commercial Law

Close-up of businessman explaining a financial plan to colleagues at meeting

Domestic & International Arbitration

insolvency and bankruptcy law

Insolvency and Bankruptcy Law

Power and energy

Power & Energy

employment law

Employment Law

judge gavel - marine law

Admiralty law

NEWSFEED

  • Form CSR is likely to be revised on MCA21 Company Forms Download page w.e.f 14th December, 2018. Stakeholders are advised to check the latest version before filing
  • Office Order No. Comp-05/9/2018-Comp-MCA Dated 11.12.2018Pdf format(337 KB)  New
  • Public Notice in the matter of Striking off of names of LLPs Dated 11.12.2018 Pdf format (1481 KB)
  • Corrigendum relating to maximum age limit for the post of Director
    General in the Competition Commission of India on deputation basis. Pdf format
    (296 KB)  New
  • Form GNL-1 is likely to be revised on MCA21 Company Forms Download page w.e.f 7th December, 2018. Stakeholders are advised to check the latest version before filing.
  • Forms INC-20, MSC-1, MGT-3, INC-5, FC-1, FC-2, FC-3, STK-2, 23D,
    MGT-14, 23ACA-XBRL, CG-1, Form 66 and DIR-5 are likely to be revised on MCA21 Company Forms Download page w.e.f 6th December, 2018. Stakeholders
    are advised to check the latest version before filing.
  • Companies (cost records and audit) Amendment Rules, 2018Pdf(4071 MB)
  • Re-Constitution of High Level Committee on Corporate Social Responsibility-2018(HLC-2018)New(834 KB)
  • Form GNL-3 is likely to be revised on MCA21 Company Forms Download page w.e.f 24th November, 2018. Stakeholders are advised to check the latest version before filing
  • Forms ADT-3 and MR-1 have been revised on MCA21 Company Forms Download page w.e.f 22nd November, 2018. Stakeholders are advised to check the latest version before filing
  • Form MR-2 has been revised on MCA21 Company Forms Download page w.e.f 20th November, 2018. Stakeholders are advised to check the latest version before filing.
  • Invitation for Public Comments on the competition Act,2002.New
  • Constitution of Committee for Finalizing Business responsibility reporting (BRR) format for listed and unlisted Companies.Pdf(615 KB)
  • National Financial Reporting Authority Rules(NFRA) dated 13.11.2018 Pdf(5.06 MB)
  • Companies (Registered Valuers and Valuation) Fourth Amendment Rules dated 13.11.2018Pdf(1.92 MB)
  • Reports Of Committee of experts on regulating Audit firms and the Network Pdf(3116 KB)
  • Amendments to the Companies Act, 2013 Pdf(364 KB)
  • The Companies (Amendment) Ordinance, 2018 (9 of 2018) Dated 02.11.2018Pdf(1864 KB)
  • SPICe form is likely to be revised on MCA21 Company Forms Download page w.e.f. 6th November, 2018. Stakeholders are advised to check the latest version before filing.
  • Notification under section 396 of CA 2013 – ROC Vijayawada dated 26.10.2018Pdf(439 KB)
  • Notification under section 396 of CA 2013 – ROC-cum-OL at Dehradun dated 26.10.2018 Pdf(452 KB)
  • Notification under section 454 of CA 2013 dated 26.10.2018Pdf(513 KB)
  • Industry consultation Workshop: Industry Consultation workshop with potential bidders Pdf(411 KB)
  • Report of Insolvency Law Committee on Cross Broder InsolvencyPdf
    (1214 KB)
  • National Entrepreneurship Awards 2018 Dated 15.10.2018(826 KB) Pdf formatNew
  • Re-constitution of High level Committee on Corporate Social Responsibility-2018 (HLC-2018)Pdf(721KB)
  • Next Version of MCA21: Industry Consultation WorkshopPdf(209 KB)
  • LLP New Incorporation related Forms:
    As part of process re-engineering of LLP incorporation forms, Form 1,
    Form 2, Form 2A, Form 17, Form 18 and Form 5, web-service/revised forms
    (RUN-LLP, FiLLiP, Addendum to FiLLiP, Form 17, Form 18 and Form 5) shall be available on portal w.e.f 2nd October 2018. For more details related to specific changes, Please click here Pdf formatNew
    Resubmission of LLP Incorporation related forms
    • Form 1 and Form 2
    (along with Form 17 & Form 18) which are pending processing as on 1st October 2018 shall be marked under resubmission.
    • All forms shall be resubmitted by using new service RUN-LLP for name reservation or FiLLiP for incorporation ONLY.
    • All names which have been approved and against which incorporation form is not filed, shall be allowed to be used to file form FiLLiP for incorporation.
    • All names which have been approved and against which change of name Form 5 is not filed, shall be allowed to be used to file in revised Form 5 only.
  • As you are aware the last date for filing form DIR-3 KYC without fee has expired on 15th September 2018. The process of deactivating the non-compliant DINs has since been completed and their status has been updated as ‘Deactivated due to non-filing of DIR-3 KYC’. However, the non-compliant DIN holders may file DIR-3 KYC with a fee of Rs.500 (Rupees
    Five Hundred Only) from 21st September till 5th October 2018(both days inclusive) to get their DINs reactivated. From 6th October 2018 onwards, a fee of Rs.5000 (Rupees Five Thousand Only) becomes payable for reactivation.
  • Companies (Appointment and Qualification of Directors)6th Amendment Rule,2018(850KB) Pdf formatNew
  • Companies (Registration office and Fees) 5th Amendment Rules,2018(737 KB) Pdf formatNew
  • Public notice for new address of Office of Director General of Corporate Affairs(759 kb) Pdf formatNew
  • Forms SCP, AOC-4, Addendum, ICP, 23AC-XBRL and ADJ are likely to be revised on MCA21 Company Forms Download page w.e.f 13th SEPTEMBER, 2018. Stakeholders are advised to check the latest version before filing.
  • Invitation through nominations invited for National CSR AwardsPdf(1834 KB)
  • Filling up of posts in the office of Director General, CCI on deputation basisPdf(1238 KB)
  • Report of the Committee to review offences under Companies Act, 2013 - Suggestions / Comments invited.Pdf(330 KB)
  • 1. As per the extant rules, in respect of an individual who is in possession
    of Duplicate/Multiple DINs, he can retain the Oldest DIN only. DINs
    obtained later have to be surrendered.
    Please note that on approval of form DIR-5, all existing/erstwhile associations of the surrendered DIN shall be automatically
    mapped to the retained DIN.
    2. In respect of an individual with a single DIN, if it is/was once associated with any LLP or Company, it is NOT eligible for surrender. Stakeholders
    may kindly take note and plan accordingly.
  • Notification regarding Designation of Special Court Dated 05.09.2018Pdf(1646 KB)
  • The last date for submission of research proposal for "Funding of Research Studies and Workshops conference, etc. under the CDM plan Scheme" is now extended up to 29th September, 2017.
  • Corporate and Commercial Law

    In the dynamic world of business, where commercial enterprises seek to leverage products, technology and customers, we make available the best opportunities within the legal framework of the country, while rendering services in creating and operating Joint Ventures, Technology Transfer/Collaboration and Strategic Alliances by assisting through our following services:

    • Due diligence and feasibility analysis of probable collaborators;
    • Negotiating and structuring Joint Venture terms & contracts;
    • Drafting of joint venture, technology transfer, collaboration, trade mark license agreements;
    • Compliance with all applicable laws and regulations;

    The firm keeps itself abreast with all the developments and changes made in the Foreign Direct Investment (FDI) policy from time to time.

    The firm has a deep understanding of the economic and legal systems to efficiently provide specialized advisory in the following areas:

    • Advice on Foreign Direct Investment in India;
    • Setting up of a business unit in India like Company, Branch Office, Liaison Office;
    • Advising and drafting of various agreements such as joint venture agreement, shareholders’ agreements, share purchase agreements, trade mark license agreements, memorandum and articles of association of a joint venture company;
    • Tax planning to limited extent with respect to setting up a business in India;
    • Advisory services on pre and post set up compliance with the regulatory and legal framework.

    The firm offers Capital Market Advisory services in formation, structuring and implementation of financing strategy for determination of the most appropriate capital structure, determination of the debt/equity structure and providing services related to:

    • Bonus Issue & Rights Issue;
    • Preferential Allotment;
    • Debt Issues;
    • Loan Syndication from banks/financial institutions.

    With regard to advisory and assistance in structuring and regulatory matters related to Equity Placements, Rights Issues, debt raisings issues, the Firm provides detailed assistance in:

    • Drafting and vetting of legal papers/ offer letter/ memorandum of understanding/ agreements in the process of bringing out abovementioned issues;
    • Carrying out due diligence as a risk containment measure;
    • Liaison and coordination with various regulatory authorities such as SEBI, local stock exchanges, registrar of companies and merchant bankers;
    • Pre/post issue compliances pertaining to various applicable statutes.

    The firm provides consultancy and implementation route for strategy formulation and implementation for companies and stakeholders, conducts due diligence, drafts relevant agreements and schemes, including taking approval for the scheme of arrangement or reconstruction from the relevant court of law or the designated authority for the purpose. The firm deals in the following areas of corporate restructuring:

    • Amalgamation, mergers, de-mergers and reverse mergers;
    • Acquisitions & takeovers;
    • Reorganization of capital;

    Liaison and coordination and obtaining approval for the same as and when required by various government bodies such as:

    • Registrar of Companies;
    • National Company Law Tribunal
    • Official Liquidator;
    • Regional Director, Ministry of Company Affairs;
    • Securities & Exchange Board of India;
    • Stock Exchanges.

    The Corporate Law Division of the firm caters to national and international clients for incorporation of business entities within and outside India, including public and private limited companies and Special Purpose Vehicle companies. The firm’s Corporate Team provides assistance in maintenance of all the secretarial and other related records of a company. The firm offers a full-range of comprehensive services that include:

    • Taking approval for the propose name of the company from ROC;
    • Drafting of Memorandum of Association (MOA) and Articles of Association (AOA) of the company;
    • Liaison with the Registrar of Companies (ROC) concerned and removing any objection that may be raised by the ROC;
    • Procurement of Certificate of Incorporation of the Company.

    Domestic & International Arbitration

    At Sharma & Sharma, we provide a complete range of services in the field of both International Arbitration and Domestic Arbitration.

    We provide services including advisory and counsel in a variety of complex and high-value Indian arbitrations and international arbitrations including shipping, international trade, insurance, banking, EPC Contracts, employment issues etc.

    Examples include:

    • Charter parties (time and voyage.); cargo claims relating to a wide range of issues, including short landing, quality, damage, contamination, title, demurrage, off-hire, unsafe port/berth, re-delivery and withdrawal claims; and related trade financing issues arising from bills of lading, letters of credit, etc.
    • Banking, finance, investment funds, and general corporate commercial disputes
    • Commodities, natural resources, and the international sale of goods and services
    • Construction, infrastructure, and civil and/or marine engineering
    • Power and energy, with a particular emphasis on offshore oil and gas matters
    • Shipping and marine insurance
    • Bilateral investment treaties and foreign investment disputes

    We also advise in maritime and international trade arbitrations both adhoc and arbitrations administered by the ICC, SIAC, SCMA, LMAA, FOSFA, GAFTA and ICA. We draft various pleadings including Statement of Claim, statement of Defence, Witness Statements, opening submission and closing submission etc.

    Insolvency and Bankruptcy Law

    The enactment of Insolvency & Bankruptcy Code, 2016 has completely overhauled the existing statutory framework in India and has made the entire corporate insolvency resolution process, a time bound process.

    At Sharma & Sharma, we offer complete range of services including advisory and representation before both Adjudicating Authority and Appellate Tribunal, as well as before Hon’ble Supreme Court of India and High Courts.

    We provide advisory services and representation to our Clients including Financial Creditors, Operational Creditors, Corporate Debtors, Resolution Applicants, CoC, Resolution Professionals, Liquidators etc.

    Our firm associates are registered Insolvency Professional and have been independently involved in several high-stakeCompany matters related to the Companies Act, 1956, Companies Act, 2013 and the Insolvency and Bankruptcy Code, 2016, and are regularly appearing before the Hon’ble NCLT, Kolkata Bench, PrincipalBench(New Delhi) and also at NCLAT, NCLT (Bengaluru Bench, NCLT Guwahati Bench, Allahabad Bench, Hyderabad Bench

    POWER & ENERGY

    Sharma & Sharma provides advisory and litigation services on loan, insurance and guarantee, joint venture, counter-guarantee documents, maintenance agreements, environmental compliance, memorandum of understanding and related agreements.

    We also provide assistance and services to Clients in negotiating and drafting the project documents, EPC Contracts, O&M Contracts, Concession Agreements, Security Documentation, Power Purchase Agreements, Fuel Supply Agreements, Land Agreements, Construction Agreements, Implementation Agreement, BOOT Projects and Production Agreements.

    We at Sharma & Sharma provide legal assistance at every stage of the project covering legal, compliance, documentation, negotiation and dispute resolution issues.

    Employment Law

    Sharma & Sharma provides legal assistance from the inception of the existence of dispute in all laws and regulations related to labour and employment, industrial relations including enactments such as Industrial Dispute Act, 1947, Trade Union Act, 1926, Minimum Wages Act, 1948, Payment of Wages Act, 1936, Factories Act, 1948, Payment of Bonus Act, 1965, Equal Remuneration Act, 1976, Payment of Gratuities Act, 1972, Workmen’s Compensation Act, 1923, etc.

    We provide full scale advisory and litigation services including drafting the framework of employment agreements and policies, handling ESOP, terminations, handling grievance and disputes, harassment, lay-offs, disciplinary proceedings, employees’ rights, employment and service contracts, safety legislation, framework of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, statutory benefits and trade disputes, assist in wage and hour issues, interpretation of work rules, grievances and industrial disputes under the labour laws, draft appointment letters, offer letters for consultants, termination agreements, non-compete agreements, non-disclosure agreements, confidentiality agreements, assisting and representing Clients in disputes under employment laws relating to employment benefits housing, group insurance (health, dental, life etc.), disability income protection, retirement benefits, social security, Draft legal notices on behalf of companies as well as employees with respect to employment, Represent clients in industrial relations matters such as strike, lockout, retrenchment, settlement, closure of establishment etc.; conditions of employment such as transfer, promotion, increment, industry-cum-region basis payment, bonus etc.; termination of service matters such as discharge simplicitor, dismissal by way of punishment, Draft original suits and petitions, interlocutory applications, criminal complaints, legal notices, consumer complaints and complaints relating to monopolistic and restrictive trade practices.

    We also provide diligence services on compliance check and render opinion on employment related issues.

    Admiralty Law

    Sharma & Sharma provides legal assistance in maritime matters developed through their involvement with the maritime industry. We understand and appreciate the complexities and the urgencies in which an application of arrest is required to be moved in Court. Our team members Sreenita and Arjun have experience in dealing with matters in the area and we are able to move swiftly to seek appropriate orders. As reinforced by sucg experience, our maritime practice includes coverage of all of the traditional admiralty matters.

    Our services include:

    • Arrests and/or attachments
    • Cargo claims
    • Charter parties
    • Collisions, allisions, groundings
    • Limitation of liability proceedings
    • Personal injury and death
    • Port state control and other regulatory matters
    • Pollution claims and environmental defense
    • Oil Spill Liability Trust Fund (OSLTF) claims
    • Natural Resource Damage Assessment (NRDA) claims
    • Piracy

    Marine insurance claims, including protection and indemnity, hull and machinery, and freight demurrage and defense.