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Apeksha Legal advises its clients on corporate restructuring and business reorganization in distressed and other situations. The firm provides practical and legal solutions and options on structuring their presence or operations for business efficiency or for avoiding or mitigating the adverse effects in troubled circumstances.
We have a team of experienced lawyers advising on demergers, hiving offs, amalgamations, etc. preparing schemes of arrangement with creditors and shareholders and where required by law, obtaining approvals of the concerned National Company Law Tribunal (NCLT) of various states across the country.
We advise insolvency professionals and other stakeholders including financial and operational creditors and corporate debtors in relation to proceedings under the Insolvency and bankruptcy Code, 2016.
We also advise on voluntary liquidation and dissolution of companies and defend client’s interests were winding up or similar proceedings are initiated against them.
Our lawyers have the experience of acting in various jurisdictions in India and can seamlessly advise and assist clients on all elements involved in critical restructurings and bankruptcy matters
Apeksha Legal has a leading M&A practice with comprehensive experience in acting for both sellers and acquirers in private as well as public transactions.
Apeksha Legal advising clients on mergers and demergers, share swaps, stock and asset purchases, mergers (amalgamations) through court schemes, joint ventures, restructuring and spin-offs.
We provide innovative and all-inclusive advice aimed at maximising value for our clients. Much of this is owing to our expertise in practice areas complimenting M&A transactions. We handle various corporate, litigation, employee benefits, tax, regulatory and compliance, competition, intellectual property, and other issues related to these transactions.
We support our clients through each stage of a transaction including due diligence, finalisation of structure, preparation, negotiation and finalisation of transaction documents, seeking regulatory approvals (if required) and post-acquisition integration and transition.
Apeksha Legal represents and advises on joint ventures and private equity transactions.We have acted for clients in various cross-border acquisitions of Indian companies and have also advised purchasers, sellers, vendors, vendees, lenders, investors and financial advisors.
Legal advice is provided with a view to arriving at an investment model that provides the client with the most beneficial tax structure and addresses regulatory requirements.
We also have considerable experience in structuring joint ventures, mergers and acquisitions across states in India, navigating clients through numerous location specific issues given the legal system’s quasi-federal nature.
Our portfolio covers sectors including infrastructure (including power, oil and gas, telecommunications, roads, mining and ports), information technology, media and entertainment, advertising, manufacturing, consumer products, life sciences, financial services and other service sectors.
Apeksha Legal are credited with pioneering work related to foreign investment.We have successfully assisted Companies in establishing their presence in India and counselled organisations across sectors (including highly regulated sectors from a foreign investment perspective such as insurance, retail and defence) on the changing regulatory environment with regard to foreign investment.
Our practice regularly advises non-resident and resident clients looking to create business synergies through international tie-ups either through equity investments or technology tie-ups.
We also work closely with regulators across industries, to ensure compliance.
One of Apeksha Legal’s key practice areas is corporate and commercial, which extends to various sectors of the economy and wide array of business and transactional matters. The Firms experience and expertise in providing advice on corporate and commercial contracts and joint ventures, inbound and outbound investment, regulatory and compliance, corporate governance, operational and structuring matters across a broad range of sectors is well recognised.
These sectors include manufacturing, infrastructure (including power, oil and gas, telecommunications, roads, mining and ports), information technology, media and entertainment, advertising, consumer products, automotive, pharmaceutical and healthcare, food and beverage, financial services and other service sectors.
Apeksha Legal provides a wide range of regulatory assistance services including filing and procuring regulatory approvals, compliance, advice on various regulatory matters, establishment of new market participants, etc.
Our lawyers have extensive experience in dealing with a broad spectrum of regulators and a variety of regulatory issues and have a consistent track record of procuring regulatory approvals of varying degrees of complexity, for both domestic and foreign clients.
The regulators we work with include and are not restricted to: The Foreign Investment Promotion Board, Competition Commission of India, Reserve Bank of India and Securities and Exchange Board of India, Bombay Stock Exchange, National Stock Exchange and Insurance Regulatory and Development Authority.
We don’t just keep a track of developments in policy for clients but are also closely involved in engaging with regulators to change policy (by commenting on and recommending changes to some key draft regulations which are issued by the regulators to obtain public views).
Our Experience
Advice is provided, amongst others, in the following areas:
• Foreign direct investment in the construction and development sector
• Structuring of investments and investment documentation
• Options for real estate development
• Due diligence on property
• Drafting and negotiating conveyance deeds and other documentation
• Structuring, drafting and negotiating lease deeds and other tenancy arrangements
• Registration of documents
• Central and local laws, including applicable stamp laws
• Construction and engineering contracts and associated guarantees
• Financing real estate projects, creation of security and drafting and negotiation of associated documentation
• Compliances, registration and advise under RERA for developers and agents
• Dispute resolution
At Apeksha Legal, we are involved with serving Indians living anywhere in the world by assisting them in understanding the complexities and consequences of the legal matters already pending or simultaneously arising in the different courts of India. It is our endeavour to make our clients familiar with the Indian laws and the legal system and simplify the process of their proceedings.
Legal cases involving the NRIs may engage multiple areas of law and deal with the Indian authorities. It is our aim to provide efficient, experienced and trustworthy legal services while representing our clients in India.
Apeksha Legal provides the facility to NRIs residing in different countries to get introduced to an Indian qualified Lawyer who will elaborate and discuss our matter and will give advice/assistance and suggest solutions accordingly. Therefore, most of the clients do not require a visit to India to attend to their legal affairs as our expert team shall take care of things for them. The Firm ensures that the needful is done in case depending on what course of action would be in best interest
The Firm assisting Start-Ups in India, Apeksha Legal is considered leading Startup Law Firms in Gurugram, India owing to its quality Legal services, winning Legal strategies.
Apeksha Legal acknowledges starting a business can be a difficult task. A trustworthy internal management structure, robust financial support, and a well processed business strategy are the most critical aspects for any successful start-up.
Launching a business, whether small or large, brings with it a slew of legal regulatory regulations that must be met. Furthermore, every organisation needs written policies and internal management procedures to maintain seamless operations. Failure to comply with such regulations can result in severe fines/penalties and contingent liabilities and litigations.
Even while it is absolutely necessary and advantageous, finalizing the legal documentation to bring these ideas to life is frequently postponed. Legal assistance for startups in business formation and statutory legal compliance results in a firm foundation and hassle-free operations, allowing entrepreneurs/founders/promoters to focus on more important needs like hiring, funding and finance, and other activities that enable growth.
Apeksha Legal provide an inclusive package of services that take care of all the necessary compliances of new business formation.
Apeksha Legal handles the entire gamut of work legal, structural, and regulatory solutions tailored to entrepreneurs and startups to help them navigate all stages of their growth process, including incorporation, structure, compliance, documentation, funding choices, and employee stock options, among other things.
The Firm services are intended to help drive more profits to the bottom-line and enable clients to grow their business and their client base without having to grow their staff and support infrastructure. The Firm services are designed to relieve our clients of the low end time consuming work, so they can focus their time and resources on higher value addedvalue-added activities.
Lawyers at Apeksha Legal have in-depth experience in advising domestic and international private equity and venture capital funds and also assisting Indian companies in corporate finance transactions.
The practice derives its strength from the Firm’s market leading corporate/M&A practice and its lawyers’ experience in advising clients in corporate commercial transactions across various sectors of the economy.
We have worked with diverse private equity funds dealing with almost every facet of the fund life cycle, providing the full range of legal services, including tax, finance, real estate, local licensing and other regulatory issues.
Apeksha Legal provides advice on a full range of Intellectual property issues. Our lawyers handle both contentious as well as non-contentious matters having expertise in traditional forms of IP such as trademarks, copyrights, patents, and also in non-conventional areas of intangible property like geographical indications and industrial designs.
On the litigation and enforcement front, our lawyers have been engaged in both civil and criminal cases from diverse business sectors and copyright infringement disputes to complex patent infringement matters.
On the transactional side, our lawyers have acted on cross-border deals involving transfer and use of IP rights such as copyright acquisitions, franchising models, trade mark licenses, technology transfer and software development agreements. We have undertaken due diligences on target companies with special focus on intellectual property rights and advised on structure options to acquire and protect such rights. We also regularly advise on data protection and privacy issues under the Indian law.
Our IP prosecution practice comprises not only expert trade mark attorneys but also patent attorneys with varied scientific backgrounds. Our trade mark attorneys and branding experts handle brand portfolios for our clients before the trademark and copyright office and also advise on brand protection strategies in India. Our patent experts, apart from filing applications and oppositions, also provide patentability and prior art search opinions, freedom to operate assessments and patent illustration services.
Banking and finance are one of Apeksha Legal’s core and highly recognised areas of expertise.The firm advises a multiplicity of clients; banks and financial institutions, export credit agencies, non-banking financial companies, concessionaires.
We have worked with diverse private equity funds dealing with almost every facet of the fund life cycle, providing the full range of legal services, including tax, finance, real estate, local licensing and other regulatory issues.
Apeksha Legal has a highly accredited project finance practice which has consistently received independent market recognition.
Our extensive client portfolio covers projects across industry sectors.
Apeksha Legal regularly advises its clients on tax-related issues (both direct and indirect taxes).
Our tax advice is provided both on a stand-alone basis on complex issues and also as part of structuring corporate transactions.
Our full suite of services include; tax structuring of investments into India; structuring agreements between Indian subsidiaries of multinational companies with their overseas group companies in light of transfer pricing regulations; double taxation avoidance agreements between India and various countries; advising international clients on capital gains tax and withholding tax issues arising from sale of shares and assets; advising on various aspects of Indian income-tax laws, and GST advisory both on standalone basis and as part of corporate transactions.
Labour and employment are one of the key practice areas of Apeksha Legal and apart from advising on labour/employment issues as part of M&A, business transfer and reorganisation transactions, Firm regularly advises clients on stand-alone labour/employment matters.
Experience in this area ranges from assisting clients in the preparation of service rules, structuring of compensation packages, drafting of employment contracts, non-compete and confidentiality agreements and termination notices to negotiating collective bargaining contracts, advising on termination, retrenchment, lay-offs & strikes and seeking permissions and registrations under various labour/employment-related laws and regulations. The Firm provides assistance to manufacturing companies employing a large number of factory workers covered by various labour/employment related statutes as well as companies in the service sector.
The firm’s labour/employment practice also includes advising on contentious labour/employment matters. The Firm has substantial experience in representing the interests of its clients in labour courts and tribunals.
Apeksha Legal has a strong environmental law practice and the lawyers of the Firm regularly advise clients on contentious and non-contention environmental law issues.
The advice is provided as part of large corporate/infrastructure/real estate related transactions as well as on a stand-alone basis.
Our environment practice also assists clients in obtaining necessary environmental law permits/approvals from both state and the central level authorities.
Apeksha Legal has a market leading insurance/reinsurance sector practice on both the contentious and non-contentious side.
On the non-contentious front, we provide assistance with transactional work, including entry strategies, M&A and restructuring, as well as regulatory advisory and development of policy wordings tailormade for the Indian jurisdiction.
We render regulatory assistance and engage on policy development as well. We are aware of the regulatory landscape, the pulse of the regulator and the policies framed by it.
We assist with claims, whether at the stage of coverage advice or in a dispute, across a wide range of insurance lines including Financial & Specialty Lines (Tech E&O; Professional Indemnity; Directors & Officers; Media Liability; Cyber-risks; Medical Malpractice; Clinical Trials; Trade Credit; Political Risks), Property & Casualty (Standard Fire & Special Perils; Industrial All Risk; Contractors All Risk; Erection All Risk; Bespoke Mega Risk; Machinery Breakdown; Delay in Start-up/BI/ALOP; Commercial General Liability; Product Liability; Product Recall; Public Liability; Environmental; Marine & Inland Transit) as well as Reinsurance claims.
Apeksha Legal has a practice in the projects and infrastructure space.
What distinguishes the Firm’s projects and infrastructure practice from the market is that the Firm’s projects and infrastructure team provides a full suite of services in this space. This includes advising clients on project development work including advising on large project related contracts (including EPC/ other construction contracts, concession/ sub-concession agreements, PPP agreements, consortium agreements, oil/gas sale purchase agreements, power purchase agreements, tolling agreements, port related arrangements, etc.), assisting in legal and regulatory issues in the infrastructure space, advising on tax (both direct and indirect) aspects of doing business in projects and infrastructure space in India, advising clients in projects and infrastructure related disputes (both litigation and arbitration), acting for both lenders and borrowers on project finance transactions, advising clients on corporate transactions involving infrastructure companies, and assisting clients (both owners and contractors) on bidding processes for appointment of contractors for large-scale projects including on preparation of bids, bid submissions, negotiation of deviations. In one sense, the Firm is a one-stop shop for the client for all its legal needs in the projects and infrastructure space.
The Firm’s lawyers regularly advise clients on a host of issues in the sector.
We advising on transactions in this sector including those relating to inbound and outbound investments in the mining sector, joint ventures with government entities and acquisition and transfer of mining rights and do a fair amount of project development, contracting and regulatory work in this sector.
Apeksha Legal has considerable experience and domain knowledge in the Aerospace and Defence (A&D) sector.
Apeksha Legal has been advising on legal issues arising out of RFP, Defence Procurement Procedure(s), Defence Procurement Manual, Offset Policy, Integrity Pact, Industrial License, Arms License etc.
Apart from the above, Apeksha Legal has considerable experience in providing bid advisory, risk analysis, contract structuring, drafting, negotiation and finalization of Supply Contract, License Agreement, Transfer of Technology Agreement, Joint Venture Agreements, Offset Contracts to OEMs for several prestigious programmes of Ministry of Defence.
Apeksha Legal has a comprehensive technology practice and members of the Firm have had considerable experience dealing with issues relating to technology including information technology.
Members of the Firm have advised software companies, internet start-ups and investors and in the process are well versed with issues relating to policy, e-commerce and foreign direct investment, provision of IT enabled services, registration and compliance, intellectual property protection, data protection, employee handbooks/contracting/incentive schemes and other legal issues arising in the context of doing business in the sector.
With growth of opportunities and investments in the real estate sector in India, the Firm’s lawyers have, over the years, advised on increasingly diverse and complex matters in the real estate sector. In the process, the Firm’s lawyers have acquired a thorough understanding of various aspects of the legal and commercial practices pertaining to the real estate sector.
The Firm’s lawyers have the experience of advising various participants in the real estate sector, including real estate developers, financial institution, fund, lessors, lessees and buyers.
Our Experience
Advice is provided, amongst others, in the following areas:
• Foreign direct investment, structuring of investment and investment documentation
• Options for real estate development
• Due diligence on property
• Drafting and negotiating conveyance deeds and other documentation
• Structuring, drafting and negotiating lease deeds and other tenancy arrangements
• Registration of documents
• Central and local laws, including applicable stamp laws
• Construction and engineering contracts and associated guarantees
• Financing real estate projects, creation of security and drafting and negotiation of associated documentation
• Compliances, registration and advise under RERA for developers and agents
• Dispute resolution
Apeksha Legal is one of the leading and fast-growing Divorce Law Firms in Gurugram having a team of expert lawyers assisting its clients with all the family matters under one roof.
The Firm provides legal solutions for matrimonial and family disputes to its foreign and domestic clients. The Firm also has team of lawyers assisting its clients in documentation pertaining to formation of family trusts, Wills, Letters of Administration.
The Firm has ability to meet the needs of clients while giving them personal attention and service. The Firm provide a very high level of client service and often recognised for an ability to handle complex issues in a practical, innovative and positive way.
The firm further actively represents clients before various legal forums including family courts, district courts, High Courts in India and the Supreme Court, National Human Rights Commission, YWCA, National Commission of Women, other Women’s cell/organizations.
The Firm understands and minimise the impact of issues with multi-jurisdictional electronic contracts and hosting agreements while working towards Business formation, Funds and financing, Content regulation management, Data protection, encryption and privacy, Regulation, Tax, etc.
Apeksha Legal has been enrolled as a Certified Facilitator for start-ups under Scheme for facilitating Start-ups Intellectual Property Protection (SIPP) of the Government of India to benefit the start-ups with the legal, structural and regulatory solutions. The Firm assists Startups in areas including but not limited to Intellectual Property Rights, Corporate Laws, Capital Markets, Joint Ventures and Strategic Alliances, Mergers and Acquisitions, etc.
Our Services:
Incorporation of Company (Public Limited Company, Private Limited Company, Limited Liability Partnership, One Person Company etc.)
Registration and Recognition as Start-up with Department of Industrial Policy and Promotion (Registration with DIPP ensues Tax Holidays, Tax Rebates, Relaxed Labour and Environmental Compliances and also Benefiting IPR Regime).
Help in Procuring funding (Procuring/Managing Funding from Angel Investors).
Drafting and vetting of contracts of commercial nature.
Mandatory Taxation and Statutory Compliances.
Awareness and Adoption of the Intellectual Property Rights (Facilitate Filing of Patents, Trademarks and Designs by innovative start-ups).
Facilitating Start-ups in Manufacturing Sector.
Winding-Up and Exit Strategies for Start-ups.
Litigation (Patent & Trademark Infringement, Contractual Disputes, Representation before Taxing Authorities, Contracts of Commercial Nature and Arbitration).
Our team keeps themselves abreast with the newly enforced acts, rules and regulations, customs, proposed bills, ordinance, government and departmental notifications, treaties, circulars, new amendments made in various acts, rules and regulations, etc, to inform and advice the clients on any changes that need to be brought about in their existing framework.
Apeksha Legal offers a full bunch of legal research services and solutions to corporate and consulting companies. Our dedicated team of lawyers has expertise in legal research related to corporate laws, infrastructure projects, intellectual property rights, banking, labour and employment, litigation and arbitration, aviation and aerospace, power projects, real estate and telecommunication.
Our team works closely with the clients and manages all aspects of primary projects, accompanied with recommendation of appropriate methodologies, project management, environment influence assessment and data analysis to help them take the right decisions.
For legal risk analysis, we calibrate the whole case to identify solutions and also advice on the pitfalls to be avoided.
Apeksha Legal provides complete range of legal services to the Maritime Industry which includes Ship Owners, P&I Clubs, Charterers, Ship Building and Repair Yards, Bunker and necessary suppliers, Dredging Companies, International Banks, Insurers, Ports and Terminals, Cargo Interests & Traders, with strong client base locally and internationally.
Firm is advising both dry and wet shipping including but not limited to sale & purchase, Marine Insurance, Bills of Lading, Charter parties, Ship Building and Ship Repair Contracts, Collision, Salvage and marine pollution related matters.
The Admiralty practice of the firm is known for its highly responsive team for arresting and releasing the vessels within the Indian territorial waters. Firm’s team of experienced and swift lawyers is capable of handling complex admiralty and shipping matters across the Indian Coastline under challenging circumstances.
On the non-contentious shipping and international trade work, the Firm has advised Terminal operators on PPP projects in the Port sector, Ship Building & Ship Repair Contracts, Charter Parties and Bills of Lading, Sale & Purchase of new buildings and second-hand vessels, Ship Finance etc. The Firm also regularly provides opinions on Indian law to their Clients in Indian Proceedings as also ongoing proceedings in other foreign jurisdictions when advice is sought on Indian Maritime and Shipping Laws.
Apeksha Legal advises clients on an array of competition law issues including in connection with domestic and cross border joint ventures, collaborations, distribution and supply arrangements and other commercial transactions.
The Firm’s expertise ranges from providing stand-alone competition law advice, assistance in filings and obtaining required approvals to represent clients before the Competition Commission of India and in courts on competition law issues.
The lawyers of the Firm have been closely associated with and have witnessed the evolution of competition law in India, from the erstwhile Monopolies & the Restrictive Trade Practices Act, 1959 (MRTP) to the enactment and evolvement of Competition Act, 2002. This historical knowledge and experience allow the lawyers of the Firm to deal with complex competition law issues in a more pragmatic manner.
We also engage and regularly interact with the Competition Commission of India and other stakeholders on the development of policy and regulatory frameworks around competition issues.
Apeksha Legal has considerable experience in advising clients on anti-corruption laws in India and on providing assistance with regards to the operation of foreign anti-graft laws having extra-territorial implications, including advising and providing assistance on legal issues and corrupt practices investigations by both internal and/or external agency.
We advise various multi-national corporations on anti-corruption related matters, ethics policies and good governance including drafting internal ethics policies and codes of conduct for clients.
We also assist several clients with internal investigations on fraud and non-compliance.
From time to time, the lawyers in the firm have assisted and participated in internal training sessions and workshops organised by its corporate clients on the subject.
Our dispute resolution team regularly advise clients on a variety of contentious matters involving commercial contracts, civil disputes, shareholders’ disputes, enforcement of security, recovery of debts, corporate and securities law, competition law, labour and employment matters, real estate issues and economic offences. With much of our work involving disputes that cutting across multiple practice areas, to develop compliance initiatives and other techniques to help our clients reduce litigation risk.
Firm’s lawyers have considerable experience in handling various corporate, civil and white collar matters before the courts, quasi-judicial authorities, and tribunals including:
i. The Supreme Court of India;
ii. High Courts of various States;
iii. Lower Courts;
iv. Tribunals such as NCLT, NCLAT, CCI, NGT, etc.
The Firm has successfully represented clients in some very challenging litigation and dispute resolution matters involving complex issues of law. Our approach is solution-oriented and emphasizes on a practical understanding of our clients’ business problems to find a legal solution to address them.
In India, the gaming industry has recently grown, and there has been an explosion of different online gaming platforms. Online gaming has become a mainstream source of entertainment and has gained increasing acceptance in India with a massive growth in number of online gamers. Apeksha Legal is one of the few law firms in India with a strong legal team that helps their clients navigate through the legal and regulatory environment, for establishing a business in this industry, in light of numerous central and state laws.
The Indian Gaming Laws have also been evolving over the period of time and like other countries, India has also recognised the need for moving from prohibition to regulation for the Gaming Industry.
Betting and gambling being state subjects (listed under Entry 34 under List II of Schedule VII), provides the states with the ultimate power to frame laws in their respective territories. Each state, hence, has its own anti- gambling law. Most of the states prohibit game of chance however game of skill is exempted from such prohibitions. Our Team at Apeksha Legal is well versed with the state-specific legislations and the relevant licensing requirements.
Recently, through the government notification dated 23rd December, 2022, the government has granted legal recognition to online gaming and stated that online gaming will be considered as a sport and will be regulated under the Ministry of Electronics and Information Technology. The Online Gaming (Regulation), Bill was also introduced in the Lok Sabha on 1st of April, 2022, regulating online gaming in India and giving it a legal status. It was introduced with the aim of establishing an effective regime to regulate online gaming industry, to prevent fraud and misuse on the internet gaming industry. The bill is applicable to whole of India except persons providing backend services in India, including hosting and maintenance services, for any international gaming website based outside India.
The Firm has a deep understanding of the fast-moving and dynamic gaming business.
Our Services:
Advice on all the statutory compliances for an online gaming entity with regard to the provisions of The Companies Act, 2013 and all other previous laws
Advisory services on pre and post set up compliance with the regulatory and legal framework
Tax planning with respect to setting up a business in India
Advisory on gaming laws and regulations in different states and their implications.
Advising on compliance matters, including regulations in Internet
Drafting and representation on employee agreements and contracts.
Compliances with licensing requirements in different states in India.
Intellectual Property protection including Drafting, Filing, Prosecution and opposition of applications of Trademarks, Copyrights, Domain Names, Business Processes
Reviewing marketing, advertising and privacy matters to ensure compliance with jurisdictional obligations
Compliance with the Information Technology rules and regulations in India including drafting of Privacy Policy, Terms of Use, Disclaimers, etc.
Provide advisory on transactional documents including but not limited to preparation of due diligence report; shareholders agreement of the companies engaged in gaming; share purchase agreement, etc.
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