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Areas of practice – Sharma and Sharma Legal

Areas of Practice

The aim of the firm is to provide clear, concise and practical advice with time bound deliverables to support its clients’ business objectives. Its innovative and pragmatic solutions extend beyond practices and borders to suit clients’ business needs. The team of professionals understand issues across a broad spectrum of business and legal practices to deliver commercially pragmatic advice

Administrative Law

We provide advisory and assistance to Clients in order to resolve issues pertaining toEqual opportunity cases, Adherence of principles of natural justice, Freedom of information and trade, Action against Anti-Discriminatory practices, Action against unfair decision making processes, Developing organizational Redressal forums and Committees, Handling legal issues and manage overall relation with administration agencies regulating clients.

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. Reinforced by such 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.

Anti-dumping, International Trade & WTO

Sharma & Sharma provides advisory and litigation services in the areas of anti-dumping laws and notifications, countervailing duties, WTO rules & policies, Foreign Direct Investment, Custom Clearance and advising on combating smuggling and other illegal tax evasion strategies adopted in the trade.

Anti-Trust & Competition

Sharma & Sharma provides advisory and litigation services on issues such as abuse of dominant position, combinations, geographical market identification, supply and distribution etc. The firm is well equipped with requisite expertise having background both in commerce and economics which provides advisory and litigation services in all aspects of competition law including cartels, leniency applications, concessions arrangements, anti-competitive arrangements, joint ventures, distribution systems, interface with IRPs and sector regulations.

Aviation Law

We provide advisory and litigation services on commercial matters related to aviation industry which includes employment contracts, real estate contracts, passenger claims, baggage and freight claims and other related matters.

Banking & Securities Law

Sharma & Sharma provides advisory and assistance services for fund raising programs such as IPOs, QIB placements, Institutional Placement Program, rights offerings, etc. Our team provides advisory services in relation to corporate restructuring (buy-backs, delisting, relisting, mergers, reverse mergers, demergers), insider trading laws, disclosures under the listing agreements tomitigate the possibility of litigation arising out of unfair trade practices in the securities market and on corporate governance issues.

Capital Markets & Securities

We provide services in the transactional space including follow-on public offerings, rights issues, convertible bonds, advising and acting as legal counsel to issuers and merchant banks in IPOs, MTN programmes and private place placements in equity markets. On transactions we also provide full range services of drafting and anchoring offer documents, legal advisory role including due diligence on issuer companies, advising on documentation relating to allotment and final listing of securities,  and drafting and settling other transaction documentation with various market intermediaries.

Corporate & Commercial

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.

Maintenance of Secretarial Records

We also ensure that all the secretarial and compliance records are regularly updated and maintained by its client company in compliance with all the provisions of company laws. To ensure that all the compliances are met, the firm provides following services:

  • Holding and conducting of statutory meeting of the board of directors, annual general meeting and extra ordinary general meeting of the company;
  • Maintenance of ‘the minutes’ of the meetings of board of directors and general meetings of the company, maintenance of statutory registers such as Register of Mortgages/Charges, Register of Directors and other statutory records of the company under the provisions of The Companies Act, 1956 / 2013
  • Filing of Balance Sheet, Annual Return and other forms with the Registrar of Companies on a regular basis;
  • Liaison with the relevant offices of the Ministry of Company Affairs, Company Law Board Registrar of Companies and other authorities concerned, in respect of various matters pertaining to the affairs of the company;
  • Advice on statutory compliances with regard to the provisions of The Companies Act, 1956/ 2013

Dispute Resolution & 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.

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.

Environmental Laws & Clean Technology

Sharma & Sharma offers well-grounded legal advice and counsel in connection with compliance issues, corporate and financial transactions, and disputes concerning environmental law disputes.

We provide advisory and litigation services covering all aspects of environmental law including environmental litigation and enforcement, environmental due diligence and transactional advice, environmental compliance and regulatory advice, climate change, renewable energy and clean technology.

Information Technology & Surveillance Laws

Sharma & Sharma provides advisory and litigation services on matters relating to Information Technology sector including technology and strategic consulting services, software protection & licensing, data protection; domain names dispute resolution, technology transfer and technical assistance agreements, credit card frauds etc. We also provide advisory services cyber laws, Indian Information Technology laws, data protection, IP protection, e-commerce etc.

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.

Insolvency & Bankruptcy Laws

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

Insurance Law

Sharma & Sharma covers full range advisory, assistance and dispute resolution services on structured products, securitization, securities, banking, restructuring, derivatives and insolvency, project finance, asset finance, insurance and financial services. We provide advice and representation in diverse matters relating to banking, finance and insurance, including matters relating to dishonour of cheques, letters of credit, bank guarantees, cheque transactions, bank loans to individuals and corporate entities, Asset & Debt Recovery, Liquidation & Bankruptcy, Documentary Credits, Securitization of Assets, Corporate & Debt Restructuring, Enforcement of Charges, Debentures, Recovery of debts and Dishonor of cheques, Escrow, Consortium, Mortgage, Pledge & Lien Agreements, Guarantees & Other Form of Securities, Charge Actions & Foreclosures, Loan, Credit & Security Documentation, Foreign Investment & Technology Transfer, Futures/derivatives litigation, Licensing and regulatory approvals, Corporate Governance, Privatization & Disinvestments, Unauthorized payments, Investment Fund Regulation & Management etc.

Intellectual Property Rights

We provide advisory, assistance and dispute resolution services including Drafting of various Agreements pertaining to Assignment and Licensing of Intellectual Property Rights and providing advisory services on different transactional work involving IP Rights, Search and intelligence services including due diligence, investigation, market surveys, negotiations for co-existence agreements and buy-outs, Drafting, Filing, Prosecution and opposition of applications of Trademarks, Patents, Copyrights, Geographical Indications, Domain Names, Business Processes, including the filing of PCT applications for Patents, Representation before and Liaoning with various authorities such as Trade Mark Registry, Copyright Office, Geographical Indications Registry, National Informatics Centre and Intellectual Property Appellate Board (IPAB), Execute all formalities with respect to enrolment and litigation matters of Trade Marks and Service Marks, along with drafting technology transfer and licensing compliances, estimate of intellectual property of our clients, etc.

Media & Broadcasting

Sharma & Sharma provides advisory and litigation services on matters relating to content licensing, branding agreements, issues relating to pay-per-view contracts, digital copyright issues, celebrity endorsements, co-production agreements, platform licensing, profit sharing agreements, agreements with various parties in movie production such as script writers, editors, music composers, government regulations and policies relating to broadcasting, issues relating to high technology, trade secrets, employment matters, licencing, false advertising and rights of publicity etc.

Start-up Advisory

Sharma & Sharma advice start-ups and early-stage companies in issues relating to organizational framework, assistance in development of business/ venture modal for insurance and loans, intellectual property and brand protection, structuring shareholder and ESOP arrangements, data protection, confidentiality clause and intermediary liability issues. We cover full practice area and provide services including advisory and assistance on setting up of trusts, limited liability partnerships, companies or other suitable entity structures, PE/VC funds, seed investors, FIIs and financial institutions, advice on the Indian regulatory regime.

Special Economic Zone Laws

Our services in this practice area includes registration, application, follow up for SEZ approvals, including de-registration and treatment of assets, support through our affiliate accounting firm for bonding and other accounting/tax aspects, legal undertaking and other documentation.

Telecommunications

We provide advisory and litigation services on matters relating to the licenses, legal and regulatory issues relating to the Telecom Regulatory Authority of India (TRAI) and also provide representation before the Department of Telecommunications (DoT), STPI and TRAI.