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.
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.
Accordingly, the e-forms shall be available on the MCA-21 portal on 11th February, 2020.
Stakeholders are also advised to please note that any such Nidhi forms filed on or after 11th February, 2020 as attachments to GNL-2 e-form and RD-1 e-form shall not be processed by ROCs and RDs and shall be rejected.
Stakeholders are advised to note and plan accordingly.
(i) Stakeholders may please note that as part of Government of India’s Ease of Doing Business(EODB) initiatives, the Ministry of Corporate Affairs would be shortly notifying & deploying a new Web Form christened ‘SPICe+’ (pronounced ‘SPICe Plus’) replacing the existing SPICe form.
(ii) SPICe+ would be an integrated Web form offering multiple services viz. name reservation, incorporation, DIN allotment, mandatory issue of PAN, TAN, EPFO, ESIC, Profession Tax (Maharashtra) and Opening of Bank Account. It will also facilitate allotment of GSTIN wherever so applied for by the Stakeholders. After deployment of SPICe+ web form, RUN shall be applicable only for change of name of existing companies.
(iii) Upon notification & deployment, all new name reservations for new companies as well as new incorporations shall be applied through SPICe+ only
(iv) However, incorporation of companies for names reserved through the existing RUN service shall continue to be filed in the existing SPICe eform along with related linked forms as applicable and if marked under resubmission shall be resubmitted in SPICe eform.
(v) Resubmission of SPICe forms submitted prior to date of deployment of SPICe+ web form shall also be filed in the existing SPICe eform and related linked forms as applicable.
Due to the proposed changes to the RUN web service (for companies), RESUBMISSION OPTION for name reservation SHALL NOT BE AVAILABLE for forms processed by CRC from 1st Feb 2020 ONWARDS for approximately 15 days. Hence, stakeholders are advised to EITHER AWAIT DEPLOYMENT OF SPICe+ AND THEN APPLY FOR NAMES through SPICe+ web form or perform due diligence while submitting any application in existing RUN web service for name reservation. RUN applications (for companies) processed w.e.f 1st February 2020 onwards shall either be approved or rejected based on checks performed by CRC officers. Stakeholders may kindly note and plan accordingly.
1) With a view to simplify the process for incorporating Section 8 Companies, requirement of prior filing of INC-12 for new section-8 companies is being dispensed with vide the Companies(Incorporation) Sixth Amendment Rules, 2019 dated 7th June, 2019.
2) Henceforth, Section 8 Companies can be incorporated by either reserving names through Run and filing SPICe thereafter or by directly filing SPICe. Licence No. for a section 8 company shall henceforth be allotted at the time of incorporation itself.
3) In view of the above, all pending INC-12 SRNs for new Companies pending at respective RoCs would be marked as ‘Rejected’ on 15th August 2019. Such applicants may thereafter directly file SPICe for obtaining License Number and for incorporation of Section 8 Companies.
4) Stakeholders who have already obtained License Numbers and are yet to file SPICe form for incorporating Sec 8 companies may do so at their convenience but may please note that the forms shall be processed only after a certain time lag to allow for work flow changes to take effect.
5) Those stakeholders who have already filed SPICe forms which are pending at CRC may kindly await processing of these forms after the work flow changes take effect.
of filing of Form BEN-2 under the Companies Act, 2013- dated 29.07.2019(235 KB)
As per the said notification:
i) eForm DIR-3 KYC is to be filed by an individual who holds DIN and is filing his KYC details for the first time or by the DIN holder who has already filed his KYC once in eform DIR-3 KYC but wants to update his details.
ii) Web service DIR-3-KYC-WEB is to be used by the DIN holder who has submitted DIR-3 KYC eform in the previous financial year and no update is required in his details.
Stakeholders may plan accordingly.
Stakeholders, in such cases, may download the latest ADT-1 e-form available on the portal and refile details of the Auditor’s appointment for the said period duly choosing ‘To’ period of appointment date as a date on or before ‘31st March 2019’.
Once ADT-1 is re-filed in such cases and duly approved, the details of Auditors would get pre-filled in the ACTIVE form.
In so far as those stakeholders who had filed details of auditors appointment in e-form GNL-2 even after 20th October 2014 (though e-form ADT-1 had been deployed on 20/10/2014) are concerned, no fee relaxation would be available.
Stakeholders may take note and plan accordingly.
Manufacturing & allied activities were restricted in LLPs vide OM No. CRC/LLP/e-Forms dated 06.03.2019. This OM invoking the restriction regarding manufacturing & allied activities has been withdrawn with immediate effect.
Bid(186 KB )
be issued in due course after complying with the necessary procedure.
(2249 KB )
Verification) is available on MCA21 Company Forms Download page
for filing purposes. Stakeholders may plan accordingly
for Ministry of Corporate Affairs, Government of India.(344 KB )
from the portal
on MCA21 Company Forms Download page for filing purposes. Stakeholders may plan accordingly
INC-22, INC-23, GNL-1, Spice, FLLIP and Form 15 effective Jan 19th. Stakeholder are requested to plan accordingly
Company Forms Download page w.e.f 20th December, 2018. Stakeholders are advised to check the latest version before filing.
General in the Competition Commission of India on deputation basis.
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.
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
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.
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.
dated 10.09.2018. (272 KB)
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.
Law Tribunal (NCLT) -inviting online applications for. (1847KB)
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.
- 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.
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.
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
Marine insurance claims, including protection and indemnity, hull and machinery, and freight demurrage and defense.