Corporate Laws- Trade, Business, Commerce & Economy

Corporate, Business & Commercial means & includes the whole gamut of the following- the Company, the Corporations, the Shareholders, the Directors, the Employees, the Creditors, the Consumers, the Business Associations, the Partnerships- the Sole Proprietorship & the Limited Liability Partnership [LLP], Etc.

With the advent of Globalization and Industrialization taking place at a rapid pace the world over today, we are faced with Crimes of a nature which is becoming institutionalized and hard to detect. Corporate Crimes is a major challenge to the legal fraternity, the law makers, and the law enforcers. Corporate crimes in a globalized economy has no borders and can affect the economies of countries on a large scale and on a smaller scale can cause huge losses to Corporate houses and bring to halt the functioning of their businesses. We, at Hello Counsel, render our expert advice to corporate houses and also leading corporate personalities enabling them to keep under check the Corporate Crimes like: Antitrust violations, Computer and internet fraud, Credit card fraud, Phone and telemarketing fraud, Bankruptcy fraud, Healthcare fraud, Environmental law violations, Insurance fraud, Tax evasion, Financial and securities fraud, Insider trading, False and misleading advertising, Illegal exploitations of employees, Mislabeling of goods, Violation of weights and measures, Selling adulterated foodstuffs, Evading corporate taxes, Misappropriation of funds, Embezzlement, Black marketing, Profiteering and hoarding, Work place crimes, Smuggling and violation of foreign exchange, Data theft.

In 2015, the Govt.of India amended the Companies Act, 2013 vide the Companies (Amendment) Act, 2015. The Act removes the requirement of a minimum paid up share capital amount for private and public companies. It introduces a provision stipulating punishment for contraventions for acceptance of deposits from the public. Such a contravention would now entail a minimum fine of Rs one crore and a maximum of Rs 10 crore, in addition to the deposit or interest that is due; and up to seven years imprisonment and fine between Rs 25 lakh to Rs two crore, or both, for every defaulting officer of the company. If proved that the defaulting officer of the company did so willfully, he will be liable for the offence of fraud, under this Act. The Act limits the constitution of benches of Special Courts only for the trial of offences where punishment is imprisonment of two years or more. All other offences are to be tried by a metropolitan or first class judicial magistrate. Further, doing away with the requirement of a special resolution with regard to related party transactions, the Act states that a resolution would not be necessary for transactions between a holding company and its wholly owned subsidiary whose accounts are consolidated with such holding company and have been placed before the shareholders for their approval. Lately, i.e. in June, 2015, the Govt. of India constituted a Companies Law Committee for examining and making recommendations on the issues arising out of implementation of the Companies Act, 2013. The Committee has submitted its report, “Companies Law Committee Report, February, 2016”, incorporating therein all the valuable suggestions and recommendations.

Commercial Courts, Commercial Division and Commercial Appellate Division have been set up in the High Courts under Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015. The Commercial Courts are set up particularly in those high courts which exercise ordinary original civil jurisdiction, that is, the High Courts of Delhi, Bombay, Calcutta and Madras. Such commercial Courts adjudicate commercial disputes of specified value and matters connected therewith or incidental thereto. Commercial Courts are a Courts equivalent to District Courts and adjudicate commercial disputes. The Commercial Appellate Division hears the appeals from orders and judgments from the Commercial courts. The Appeals to High Court from the orders passed by tribunals like Competition Appellate Tribunal, Debt Recovery Appellate Tribunal, Intellectual Property Appellate Board, Company Law Board or the National Company Law Tribunal, Securities Appellate Tribunal and Telecom Dispute Settlement and Appellate tribunal also lie in the commercial appellate division if it relates to a commercial dispute.

Hello Counsel’s team of corporate law practitioners is one of the finest in the industry. We are engaged in providing a wide array of transactional and advisory services to our clients in the following Corporate & Commercial law practice areas:

• Advertisement & Publicity

• Arbitration and Conciliation- Domestic & International;

• Anti Dumping;

• Anti Trust and Competition;

• Automobile;

• Banking & Finance: Banks and NBFC- Debt-Documentation-

• Bankruptcy;

• Bond & Equity Market

• Capital Markets;

• Company Laws- Holding-Subsidiary Relationships.

• Corporate Crimes;

• Corporate Governance;

• General Corporate Matters;

• Central Public Sector Enterprises (CPSEs)

• Corporate Compliance– Statutory, Mandatory & Regulatory;

• Corporate and Commercial Contracts– Construction Agreements, Collaboration Agreements, Service Agreements, Joint Venture Agreements, Supply Contracts, Marketing Agreements, Sale Agreements & Shareholders Agreement; Contractual Disputes;

• Corporate Crime

• Corporate Restructuring;

• Capital Markets & Securities Laws–

• Financial Institutions Reform And Expansion [FIRE];

• Due Diligence;

• Ease Of Doing Business;

• Equity Funds

• Establishment of Branch, Liaison and Project Office;

• Environment Law;

• Foreign Investment– Foreign Direct Investment [FDI]- Foreign Contribution [FCRA]; Foreign Exchange- FEMA & SAFEMA, Forex Trading: Foreign Trade;

• Franchising– Foreign Currency Convertible Bonds (FCCBs); Global Ventures- Automobile; International Relationships; International Transactions;
  Global Ventures- Automobile;

• Incorporation of Companies in India– Import And Export Matters; Industrial Sector [Broad Range Of Industrial Sectors]; International Finance; International Investments; Intellectual Property; Information Technology; Telecommunications; Construction and Infrastructure; Real Estate; Banking and Finance; Aviation; Insurance and Reinsurance; Oil and Gas; Power; Mining; Entertainment and Media; Labour & Industrial Sector Laws; Intellectual Property; Stocks, Shares & Securities; Shareholder Joint Venture; Strategic Alliances; Tender Cases; Divestitures; Joint Ventures; Strategic Alliances;

• International Commercial Law

• Joint Ventures & Shareholders Agreement; LLP- Limited Liability Partnership; Labour & Industrial Dispute; Litigation- Emanating From- Product liability, Consumer fraud, Supplier relationship, Intellectual property, Labor relations, Workplace and employment issues, Antitrust, Competition; Licence- Industrial Licensing; Transactional Arena

• Real Estate – Insurance and Reinsurance;

• Oil and Gas;

• Power; Mining; Entertainment and Media;

• Litigation emanating From- Product liability, Consumer fraud, Supplier relationship, Intellectual property, Labour relations, Workplace and employment issues, Antitrust,

• Competition;
  Mergers & Acquisitions (M&A);
  Manufacturing Sectors- Automobile;

• Private Equity & Venture Capital Funds Investment– Institutional Investors; Initial Public Offerings [IPO]; Intermediaries; Management Incentive Schemes [MIS]; Mutual Fund-Products; Portfolio Investment; Qualified Institutional Placement [QIP]; Securities; Stock; Shares; Underwriters; Venture Capital Funds; Divestitures; Listed Companies Covered Under SEBI Act/Regulations [S. 194, 195]; Layers Of Subsidiaries And Investment Companies [S. 2(87), 186(1)]; Frauds; Foreign Companies; Disclosures In The Directors’ Report; ESOPs- Partnership; Production and Distribution;

• Privatisation & Disinvestment;

• Projects;
  Regulatory &Policy;

• Retail;Securities Laws

• Statutory Compliances

• Special Economic Zone(SEZ);

• Start-Ups: Advisory On Raising Of Capital;

• Strategic Alliances;
  Taxation- Indirect Tax & Direct Tax;
  Winding Up;

• Trade & Business

Related Links

• Bare Acts- Statutes- Governing Legislations

• Courts & Fora

• Judgments Supreme Court Of India & Judgments High Courts Of Indian States.

• Ministries & Departments, Concerned.

Judgments- Corporate Laws

• Google LLC Vs Competition Commission of India– National Company Law Appellate Tribunal, Principal Bench, New Delhi- Competition Appeal (AT) No.01 of 2023- Order Dated- 29.03.2023- Arising out of Order dated 20.10.2022 passed by the Competition Commission of India in Case No.39 of 2018.

Hello Counsel represents all types of business entities- Associations, Corporations, Joint Ventures, Partnerships, Sole Proprietors, Individuals like Directors, Promoters, Key Managerial Persons, Managers, Majority/Minority Shareholders, Employees, Contractors, Consultants, and Officers. The Corporate Division of Hello Counsel manages a full range of Corporate & Commercial matters.

Kindly CLICK HERE or e-mail us at info@hellocounsel.com if you are facing any Legal Issue and want to have Legal Consultations with the empanelled Lawyers at Hello Counsel.