Corporate Laws Services
Corporate law today is a complex legislation that governs the activities of not just domestic but foreign companies setting up establishments in India. At every step, corporates have to comply with a plethora of provisions contained in legislation such as Indian Companies Act and SEBI Regulations (in case of listed companies).
We at VKC have a group of dedicated, research oriented and skilled professionals who pioneer in delivering innovative and distinguished corporate business solutions. We believe that it is not enough that all our clients’ regulatory compliances are timely met rather they should be met with professional efficiency and cost-effectiveness by our accessible, committed and competent team. VKC has successfully provided varied corporate law services to numerous clients so far which includes Setting up Corporations, Catering to day-to-day Corporate Compliances, Compliance Management, Documentation, and Regulatory Approvals. We emphasize on upholding highest standards of commitment, confidentiality and competence and to always strive towards improving the quality of services rendered through constant process of learning and training.
Our firm provides vide range of services including advisory in corporate structuring, incorporation processes, advisory on corporate matters to broaden the base and seamless support for ensuring compliance with the corporate regulations. We believe in compliance with law, in both letter and spirit. Our team has been deeply inculcated with high level of integrity and confidentiality in dealing with clients and assignments undertaken. Our clientele includes large corporate groups, subsidiaries of foreign companies, Medium and Small Enterprises (SMEs), Limited Liability Partnerships and many more.
Apart from being adaptable and approachable, we believe in the power of teamwork and have a well-designed hassle free system and networking. We also emphasize on passing adequate information as an intention to educate our clients through circulating updates via Newsflashes and monthly communique. The top management shares their valuable insights by holding short lectures, conferences on numerous enthusiastic topics helping to keep up the work spirits and zeal to work. We also focus on keeping ourselves and the entire VKC team refined enough by conducting regular In-house Study circles/ Seminars so as to leave no stone unturned.
We have the desire and drive to embrace new experiences and challenges. We put the interests of our clients on the forefront. We have a remarkable track record and are distinguished for the expertise of our team, the good esteem of our clients and our reputation for determined work ethics.
Our wide range of Corporate Law Services include:
Designing a business divestiture framework
Divestiture operating models are important means of creating value for companies. For the companies engaged in divestiture to eliminate subsidiaries or divisions that are underperforming comes with challenges that most buyers and sellers are not fully equipped to address. This includes disentangling a commingled business, establishing an international legal entity structure, assessing tax impacts, reconciling a fragmented set of financial records, and managing system implications on operations and reporting. Therefore, selection of appropriate models is iterative decision and our firm, VKC, possess the potential to help our clients addressing these challenges and accelerate transaction close by developing and leveraging the Divestiture Operating Model Toolkit.
Mergers & Amalgamations
In today’s globally connected world, companies want an effective way to boost their business operations. Companies are seeing acquisitions and consolidation as a quick and effective growth strategy. We proactively identify integration challenges and help develop effective solutions to address them methodically. Our professionals with its rich experience and strong working ethics are dedicated to help clients manage the tax aspects of the transaction delivering assured benefits.
Overseas Direct Investment under corporate structure
Foreign Direct Investment being a critical driver of economic growth is welcomed by the Indian government’s to robust business environment. Investment where made outside the boundaries of the country in a joint venture or wholly owned subsidiaries by way of contribution to capital, subscription to memorandum of foreign entity requires a well-organized set up for understanding the correct route to be chosen, also taking care of prohibited sectors and limits attached with such Overseas Direct Investment. We ensure to have a dynamic team to handle projects related to clearance for an Indian business desirous of investing and doing business outside India.
Employee Stock Option Plan
Today, stock options are part of the packages offered by many companies. However, they are typically added perks to an employee’s salary. In addition, they are not as commonly offered by young emerging companies. The stock option gives an employee, the opportunity to buy a specified number of shares in a company for a certain number of years. Our ability to be agile with an approach that focuses on efficiency and cost effectiveness enables us to provide value driven solutions to our clients, to be able to achieve their ambitions.
Forming a right entity is the first and foremost important step in your business. Our team can help you in understanding the multiple options available including the regulatory obligations related to those structures. Keeping your business objectives in mind, we can help you in choosing the entity which suits your requirement in medium to long run. We offer solutions for setting up business entities like Private Company, Public Company, Limited Liability Partnership, Section 8 Companies. The service starts from pre incorporation process of advising the corporate structure planning, preparing all the associated documents, filing of various e-forms with ROC,Liaising for the same until the birth of such entity. In addition to the above, our services include guidance in respect of a well-designed framework, structure and providing comprehensive range of services for setting up the operations of a corporate business entity.
Post incorporation services
One cannot escape liability on the pretext of unawareness of the law. Thus the Directors and shareholders have to be aware of the legal compliance involved post-incorporation of the company. We cater a wide spectrum of post incorporation services attracted immediately after incorporation of the legal entity which are very much vital for the smooth, effective and efficient running of the operations of the business.Non-compliance could lead to heavy fines and penalties, therefore we ensure to keep our clients aware and updated of such post incorporation compliances like adoption of common seal, issue of share certificates, guidance on maintaining of statutory registers, Filing for commencement of business certificate, Ensuring appointment of first auditors.
In-house Secretarial Services
With the rapid changes in the regulatory framework, it is necessary to work with organizations closely to ensure that they are fully compliant. Our in-house secretarial services is a comprehensive package where we onboard as a long-term partner and works continuously throughout the engagement. Under this package, we primarily offer solutions on Companies Act, 2013 and allied laws.
Legal Due Diligence
Our Specialized Team comprising legal and financial professionals employ multi-disciplinary approach in analyzing the transaction and industry related risks, commercial and financial viabilities, prospective growth and future contingencies, tax implications and work to deliver the most efficient report with possible solutions and suggestions. We focus on ways to enhance revenue and reduce cost, and implementing operational improvements in respect of various deals relating to takeover / merger / amalgamation. Our VKC team has successfully carried due diligence for companies engaged in varied sectors.
Compliance Management Services
Our Compliance Management specifically consists of policies, processes, tools and structures that help identify and manage the gaps in compliances, which include the follows:
Understanding the legal and regulatory requirements
Reviewing the existing processes to identify, analyze and evaluate the gaps
Preparation of Compliance Manual with procedure on managing compliance
Monitoring and evaluation of procedures ensuring proper adherence to the policies and systems
Communication and reporting to the Board on a regular basis
Regulatory Approvals & Representation
A Corporate organization needs to obtain various approvals from time to time from various government and quasi- government bodies under various laws and regulations. Through our well-developed networks, VKC assists the clients to obtain the various regulatory approvals in pertaining matters like Change of Registered Office outside state, Name change of the entity, Conversion of Section 8 Company, Revival of Company and various other alike matters. We also assist and represent clients before various authorities through our expertise professional team such as ROC, Regional Director and National Company Law Tribunal.
One of the toughest decisions can be whether to close their company or not which can be due to unfavorable economic conditions, tough competition and scarcity of resources. We help them measure their company’s financial profitability and determine the long-term viability of their company. Since a proper cessation/ termination of a business structure is required, which if ignored tends to come back to haunt in future. We assist the companies to complete their compliances and help them, with the process of winding up through various methods. . Therefore VKC services towards business closure include Identifying Best Suitable Exit Route, Assistance in Documentation and Process-flow and Obtaining Necessary Approvals for Closure.
With the globe shrinking on account of the World Wide Web, cross border transactions have become the order of the present business era. Our services in this area include Advising on the Inbound and Outbound investments, assisting in obtaining the required approvals from the Foreign Investment Promotion Board, Govt. of India. We also meet the objective of Foreign Exchange Management Act of facilitates external trade and payments in India. The focus remains in devising best transaction structures and advising on a range of legal issues from pre-investment to post investment operations. We provides our clients with all necessary assistance, as required under the present legal framework, in advising in alteration and raising of domestic and international capital requirements, which includes Assisting in arriving at the capital structure – proper mix of equity and debt,
Corporate Governance is the framework of rules and practices by which the Board of Directors ensures accountability, fairness, andtransparency in a company’s relationship with its all stakeholders. We, at VKC, provides the structure through which corporations set and pursue their objectives, while reflecting the context of the social, regulatory and market environment. We provide for a strong mechanism for monitoring the actions, policies and decisions of corporations to ensure alignment of interests among the stakeholder.
Transfer of Shares
There may be times where our client would want to change the share structure of their company; either by adding a new shareholder or by changing the existing proportion of shares between shareholders. We at VKC, under one roof, cater the wide range services to examine the legality of the documents, evidences including valuation of shares via different methodology. Our firm provides a foremost duty to handle the affairs related to such transfer, transmission of shares ensuring compliance with statutory and regulatory requirements and for ensuring that decisions of the board of directors are implemented.
Corporate Restructuring and Conversion of Companies into other entities and vice versa
Corporate restructuring happens when a corporate entity is experiencing significant problems and is in financial jeopardy. Our firm provides advisory services regarding the most suitable form of conversion or restructuring, based on the clients specific needs and objectives. We provide a comprehensive range of services required for setting up the operations of a corporate business entity which includes Business Set-Up services and Regular Compliance services. Our Team provides end to end solutions for corporate restructuring transactions viz., need analysis, planning & strategy making, business valuations, documentation and regulatory approval support to ensure successful transaction closing.
- Other Bouquet of Services:
- Keeping records of and assistance for preparation of Secretarial and Statutory / Non-statutory records including Statutory Registers.
- Holding various meetings including Board Meetings, Annual General Meeting, Class Meetings and Committee Meetings.
- Issue of share certificates including duplicate, splitting, consolidation, etc.
- Declaration and payment of dividend.
- Buy-back of securities.
- Change of name of the company.
- All documents relating to issue, transfer and transmission of shares.
- Assistance in calculation for declaration of Dividend.
Some of our out of the box assignments and the value addition done by us are as follows:
|Nature of services rendered||Value Addition by VKC||Location at which client is based at||Client Background|
|Due Diligence for Company Takeover||We were engaged by the client to carry out the due diligence of a Company, which one of the group concern was planning to takeover. Our scope of work included checking compliances under the Companies Act, 1956, review of the Financial Statements, compliances towards Income Tax, Service Tax, UP VAT and other regular statutory compliances, as applicable.||Dehradun||Client is India's leading providers of world class healthcare services. With 2300+ doctors & a network of 14 hospitals in India across 30 specialities.|
|Registration of Trust||The assigment included drafting and amendments in the Trust deed bearing in mind several enactments impacting the Trust , keeping in mind the ratios of the various judicial pronouncements dealing with the setting up and registration of Trust. We also assisted the management in obtaining approval from the Commissioner of Income Tax in accordance with the rules set out under the Income Tax Act.||Dehradun||Prominent educational Institutions of India and Top Oil based companies with an employee base of more than 32000.|
|Company Takeover and Company Transfer||Our Corporate law section has assisted clients in Takeover and Transfer of corporate entities through acquiring shares or voting rights and control over a target company. This has been done through purchase of shares from the shareholders of a company to an extent of controlling the interest and thereby gaining control. This included valuation of shares, transfer documents , drafting shareholder agreements and memorandum of understanding between the transferors and transferees||Dehradun||A Real Estate Development firm which has delivered several successful Real Estate Projects in Dehradun. After successful delivery of two key residential projects in Dehradun, the firm has launched its third project in the city to provide skillfully designed and luxurious apartments. Distinguished for their award wiining projects, this real estate group is truly one of the most establised and recognized ones in the housing and construction sector with an annual turnover of around INR 20 Crores. Having solid experience in the real estate market, the firm presents a wide choice of residential, industrial, commercial, recreational and institutional properties to its clients.|