MAIN AREAS OF PRACTICEREAL ESTATE | BUSINESS AND CORPORATE LAWS | LABOUR AND EMPLOYMENT RELATED LAWS | INTELLECTUAL PROPERTY LAWS | COMPLIANCE | LITIGATION
ILP advises on the full range of real estate related transactions, viz., mortgage, purchase, sale, lease, license, development or financing of real estate and associated matters.
ILP advises individuals and entities (including the developers, multi-national corporations and consultants etc.) across India on the legal aspects relating to investments in immovable property and transfer of rights in immovable properties.
ILP provides end-to-end solution for property buying and selling. The scope of our services includes:
- Conducting title search
- Preparing title reports
- Obtaining relevant revenue records, relevant records from Corporations, records from the Offices of the Sub-Registrars (Urban & Rural), etc.
- Drafting, reviewing, amending, negotiating and finalizing the transaction related contracts; and
- Obtaining registration of the relevant transfer documents.
We assist in preparing and finalizing various types of documentation required for real estate transactions; including but not limited to Documentation of Memorandum of Understanding, Agreements of Sale, Deed of Sale, Mortgage, Lease and Surrender of Lease, Exchange, Partitions, Deed of Gift, Partnerships, Release, Joint Development Agreements, Construction Agreement, General and Special Power of Attorney, Affidavits, Deeds of Indemnity, Wills and other related documents.
ILP provides regulatory and FEMA related advice to venture capitalists and real estate investors across the globe with regards to the investment in real estate in India. We also assist in obtaining relevant approvals from the concerned Regulatory Authorities for such transactions.
ILP assists clients in the Hospitality Sector on matters related to structuring and negotiating the joint ventures, drafting of operating agreements, hotel management agreements and brand licensing agreements.
BUSINESS AND CORPORATE LAWS
Setting up Business in India: ILP advises on the most viable options for establishing a business presence in India, based on the specific needs of the clients. Consequently, we assist in incorporating and/or setting up the specific entity (branch office, liaison office, LLP, Private limited company, etc.), wherein our assistance varies from obtaining relevant approvals from the various Government Authorities (such as Reserve Bank of India, Foreign Investment Promotion Board, Registrar of Companies, etc.) to ensure that appropriate registrations and licenses are obtained with respect to the operation of the business in India.
Transactions: ILP also advises on matters related to inbound and outbound transactions from a regulatory perspective. In this regard, we assist our clients in structuring their investments; conducting necessary due diligence on the target companies; preparing, negotiating and finalizing the relevant Transaction Documents (Share Purchase Agreement, Share Subscription Agreement, Shareholders’ Agreement, Investment Agreements, Joint Venture Agreements, etc); and assisting with the post-closing compliance requirements.
Commercial Contracts: ILP has substantial experience of advising suppliers / service providers as well as customers on the entire range of commercial contracts across various sectors. Our experience in this field includes - preparing, negotiating and finalizing commercial contracts for services, licensing, development, distribution, franchising, marketing, manufacturing, outsourcing, maintenance and support, and On-line terms and conditions, etc.
INTELLECTUAL PROPERTY LAWS
Advisory: ILP advises its clients on all areas of intellectual property strategy to adequately protect their rights, including monitoring of misappropriation of clients’ proprietary rights; advice on acquisition, sale and licensing of such rights; etc.; infringement and passing off issues and other matters related to intellectual property rights.
Registration: ILP renders services with respect to registration, protection and enforcement of intellectual property rights including rights relating to trademarks, copyrights, patents and designs.
Documentation: ILP assists its clients in drafting, negotiating and finalizing a wide range of agreements, deeds and contracts in relation to the intellectual property rights and matters involving know-how and trade-secrets, viz., Assignment Agreements, Distribution Agreements, Licensing Agreement, Advertising Agreements, Telemarketing Agreements, etc.
IP Acquisition: Our enhanced knowledge on this subject enables us to better guide our clients with respect to corporate take overs, mergers acquisitions, investment transactions, restructuring, etc.
ILP provides the entire ambit of compliance and ancillary services with respect to company related matters.Our services include the following without limitation:
- Incorporating private and public limited companies, including Section 25 companies and Limited Liability Partnership.
- Drafting of the Charter Documents of the company including Memorandum of Association, Articles of Association, Partnership Deed, Allotment Letter, Contract of Appointments, Preparing Notices, Resolutions and Minutes of meetings for Board Meetings and Shareholders’ Meetings.
- Assisting with procedures relating to Board Meetings and General Meetings.
- Allotment of shares, share transfer, issue of shares certificates, dematerialization of shares, forfeiture of shares, etc.
- Changes with respect to appointment, re-appointment, resignations, fixation and revisions of the remunerations of Directors, Managers, Company Secretary, Compliance Officer, Auditors, etc.
- Preparation of annual reports and annual accounts including Balance Sheet, Profit and loss account, income and expenditure statement, auditor’s report, directors’ report, statement on corporate governance, compliance certificate, directors, chairman’s statement etc.
- Procedures and compliances related to making inter-company loans, investments, guarantees, and providing of securities. Filing of the documents including the forms and the returns with the Registrar of Companies.
Civil Litigation: We assist in filing Original Suits, viz., Bare Injunction Suits, Money Recovery Suits, Specific Performance Suits, Ejectment and Eviction Suits, Partition Suits, Suits concerning Public Charitable Trusts and Private Trusts and such other related suits.
Criminal Litigation: We also assist in filing of private complaint (PCR) for the offences punishable under the provisions of the Indian Penal Code; matters related to Negotiable Instruments Act, liaison with the Department of Police and other enforcement authorities, bail applications including anticipatory bail and regular bail, etc.
High Court Litigation: We provide all services on matters related to Company Petitions, Company Applications, Writ Petitions, Writ Appeals, Regular First Appeals, Regular Second Appeals, Criminal Petitions, Criminal Revision Petitions, Civil Miscellaneous Petitions, Miscellaneous First Appeal, Miscellaneous Second Appeal, Public Interest Litigations, and Application for Contempt of Court, etc.
Quasi Judicial Proceedings: We also render assistance with respect to matters before the District Consumer Dispute Redressal Forum, Karnataka State Consumer Dispute Redressal Commission, Karnataka Appellate Tribunal; initiating and handling Arbitration proceedings before the Arbitrator; etc.
Arbitration and Conciliation Act, 1996: ILP has expertise in conducting proceedings related to the disputes referred to Arbitration in terms of the Agreement with respect to various business transactions of individuals and corporate/other entities and also procuring of appropriate and timely interim reliefs under Section 9 of the said Act from the jurisdictional courts. Further we have also assisted our clients in enforcement/ execution of the arbitral award.