Corporate and securities law take control in the overall business or commercial operation. The study of the relation between consumer and business is called corporate law. It focuses on the corporate administration, corporate litigation and corporate constitution. Additionally, handling of liquidations, dealings, shares, acquisitions, corporate crimes are also covered in corporate law. On the other hand, securities law takes care on the issuance, purchase and selling of securities.

Role:

• Forming, registering, providing services with entire compliance and due diligence for and under various statutes such as Shops and ESI Act, Partnership Act, Companies Act, Labour Act, Direct and Indirect Tax, Real Estate and Property Laws / Environment Laws.
• Preparing Memorandum and Articles of Association and other related documents.
• Obtaining incorporation certificate and commencement of business certificate.
• Rendering advices on drafting appraising and vetting of various legal agreements, including joint ventures, mergers and acquisitions and takeovers.
• Aiding in securities enforcement and litigation.
• Compliance management with regard to Foreign Investments Promotion Board (FIPB), Securities Exchange Board of India (SEBI), Reserve Bank of India (RBI), Registration of Companies (ROC) and other Regulatory Agencies.
• Participating and guiding in the negotiation processes.
• Advising on methods and processes of raising finance, preparation of covenants, consortium agreement and related documentation.
• Appearing, arguing and pleading on behalf of corporate companies before the appropriate authorities as and when required.
• Creating acts for and on behalf of the companies advising on Director’s powers, duties and liabilities.
• Assisting in commercial leasing.

Investigating the property title and scrutinizing the legal process.

• Searching the property title with respective to Revenue records.
• Examining the right seller viz., company, firm, partnership, trust, individual, etc.
• Advising the process regarding creation of mortgage.
• Verifying all documents with respect to title for a period of 30 years.
• Obtaining encumbrance certificate.

Commercial law is the body of law that governs sale transactions. An international transaction will be qualified if elements of more than one country is involved.

Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.

Role:

• Drafting, negotiating and advising on all types of commercial agreements.
• Preparing standard terms and conditions of trade.
• Appearing before Arbitrators and conduct and conclude agreements at domestic and international forums.

Activities:

• Drafting standard terms and conditions for the sale of hardware.
• Advising on software licenses and escrow agreements.
• Drafting and negotiating with contracts for development of software.
• Drafting original equipment manufacturing agreements.
• Drafting facilities management and outsourcing agreements.
• Representing corporate companies before Consumer Forums.
• Rendering periodical advice to avoid vexatious claims by consumers.
• Advocating proactive litigation management process with the objective of encouraging negotiated resolutions.
Having highly talented human resources, Andiraj Associates has the capacity to assemble dedicated teams of professionals along with industry-specific experts to meet the client’s requirements and handle complex arbitration matters both in India and abroad.

(I) Banking

Bank Laws are a form of government regulation, which subject banks to certain requirements, restrictions and guidelines. This regulatory structure creates transparency between banking institutions and the individuals and corporations with whom they conduct business, among other things.

Role:

• Drafting and negotiating facility letters, single bank and syndicated loan agreements, revolving credit and security documents of all types.
• Drafting of Guarantee Letters of Credit and Security Documents of all types.
• Preparing and approving loan documentation.
• Researching and advising on debt recovery.
• Verifying of collateral security’s title with respect to immovable properties.
• Advising and providing documentation support for client’s sale / purchase business transactions.
• Providing support on finance intelligence, such as anti-money laundering related issues, extending client due diligence, etc.
• Monitoring and preparing documentation of case history for alerting of covenant defaulters.
• Assisting with respect to compliance of Foreign Exchange Management Act (FEMA).

Legal Opinions:

• Handling opinions of various natures in all matters concerning the functioning of banks.
• Exercising bankers’ lien under Section 171 of Indian Contract Act 1872.

Documentation:

Andiraj Associate’s can executive documents like Draft Guarantees, Agreements, Power of Attorneys, Simple Mortgage Deeds, Assignment Deeds, Trust Deeds, Hypothecation Deeds, Inter Se Agreements, or any other commercial documents which may be required for the bank in the given circumstances of a particular case.

Documents executed in a foreign country and received in India: Advising on affixing proper stamp duty and its enforceability.

Mortgage:

• Providing title opinion rendered to enable Banks / Financial Institutions to take a decision to sanction the loan on the basis of the property title.
• Scrutinizing the title deeds and giving remedial measures to the borrower for rectification if any irregularity is detected with respect to the title to property.
• Advising on the scope of creating mortgage on the concept of possessors title.
• Advising on the interest of minors in joint family properties and their legality.
• Advising on mortgage lending or any other real estate financial transactions.
• Advising on issues pertaining to registration of charge with the Registrar of Companies (ROC) as provided in Section 125 of Companies Act and issues relating to Co-operative Societies under the Societies Registration Act and Trusts.
• Providing opinion on all company issues relating to banks, including winding up proceedings or proceedings before the Official Liquidator, Company Law Board, etc.
• Handling Sale of Assets by a Company in Liquidation by guiding banks in selling huge assets and reducing the percentage of non-performing assets.
• Drafting Letters of Guarantee / Letters of Credit through documentation of work and approval of contract formats.

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002:

• Advising on issuance of 13(2) Notice followed by 13(4) Notice.
• Drafting Possession Notice, filing applications before the Chief Metropolitan Magistrate Court or District Magistrate to obtain direction to get police assistance.
• Defending banks’ rights in the Appeals filed before DRT / DRAT by the borrower, mortgagor or guarantor.
• Defending banks’ interest in Writ Petitions / Writ Appeals filed by the borrower / workmen who challenge the role of the bank’s right as a secured creditor, while selling the secured assets.
• Defending banks’ rights, when borrowers challenge the parallel proceedings initiated by banks in SARFAESI Act.

SARFAESI Appeals before DRT & DRAT:

Handling and advising on all Appeals filed by the contesting borrowers or guarantors challenging the steps initiated by banks under the SARFEASI Act.

Suits on Injunction:

Handling of the cases related to opposing the grants of mandatory injunctions by the Courts, relating to the Letters of Credit, Guarantee Claims, etc.

Banking Ombudsman:

• Advising on maintainability of the complaints filed before the Banking Ombudsman and the jurisdiction.
• Guiding the banks on the Tamil Nadu Protection of Depositors Interest Act.
• Filing claim petitions before the Special Court constituted for this purpose and protects the secured assets.

High Court:

Assisting in Civil Revision Petitions and original file suits – Criminal Appeal and Criminal Revision.

Specific Performance Suits:

Handling of specific performance suits in protecting the interest of clients whenever breach of contract arises.

Arbitration:

Handling of all types of arbitration matters either on contract, commercial transactions or on service matters.

INSURANCE:

Insurance means promise of compensation for any potential future losses. Insurance facilitates reimbursement during crisis situations.

Role:

• Providing advice on claims and represent insurance companies before legal fora, including MACT.
• Advising clients on policy liabilities.
• Advising on all connected legal enactments, such as Labour Laws, Laws of Carriage of Goods, Environment Protection Act, etc.
• Facilitating settlement of cases before Lok Adalath.

Consultancy:

• Document review.
• Contract Review.
• Risk Management procedures.

Cyber law is a term that covers the legal issues related to use of communicative, transactional, and distributive aspects of networked information devices and technologies.

Information Technology Law is a set of recent legal enactments, currently in existence in several countries, which governs the process and dissemination of information digitally.

Role:

• Structuring electronic contracts.
• Preparing the contracts pertaining to hardware sale, purchase, rental, lease, installation, testing, maintenance, distribution and marketing.
• Drafting contracts pertaining to website design, development and hosting. Preparing Network Service Level Agreement.

The Employment law that governs the employer-employee relationship, including individual employment contracts, the application of compensation and a large group of statutory regulation on issues such as the right to organize and negotiate collective bargaining agreements, protection from discrimination, wages and hours, and health and safety. Retirals covers withdrawing from one’s occupation, business or office.

Role:

• Preparing service contracts, written terms of employment and office manuals.
• Advising the clients on various issues relating to:
  • Reducing & restructuring.
  • Resolving the issues like Employee’s disputes, dismissal, discharge and termination of employment including retrial benefits like pension, gratuity and provident fund.
  • Implications of transfers and mergers vis-à-vis employment.
  • Focusing on Employee’s welfare schemes such as bonus and production incentive etc
  • Obtaining work permits and permission for immigration.
  • Creating and terminating of approved and unapproved pension schemes
  • Making Employment Laws including redundancy, long term service contracts, unfair dismissal, trade union issues, labour legislation.
  • Surveying on Compensation and salary management.
• Participating in collective bargaining negotiations and advising on compensation packages.
• Advising on labour administration / establishment of compliance management.
• Assisting in outsourcing management with special reference to Contract Labour Legislation.
• Validating and preparing documentation of employment contract management, offer letters, termination letters.
• Draft confidentiality and IPR agreements.

A consumer is an individual who buys products or services for personal use and not for manufacture or resale.

Product Safety confirms that whether products are developed by following uniform safety practices during production. Similarly it prevents the consumers getting harmed by defective workmanship.

Role:

Protecting the interests of service providers and manufacturers before consumer fora and handle cases related to:

• Consumer protection.
• False & disparaging advertising.
• Product liability.
• Securities.
• Environmental matters & other areas.
• Deficiency in service in many areas.
• Compliance tracking, verification of facts, assessment of legal risks, case settlement.
• Recovery from product / service warranty providers.

Intellectual property refers to creations of the inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.

Role:

• Advising on registration for the various intellectual property rights.
• Drafting covenants regarding transfer / assignment / transmission, licensing.
• Drafting documentation regarding creation of any interest including:
  • Registering of copyright.
  • Initiating of legal process as regards infringement.
  • Securing and protection of Intellectual Property Rights.
• Drafting and negotiating contracts for commercial exploitation of intellectual property, including licensing, technology transfer and franchising arrangements.
• Drafting distribution, agency and supply and trading arrangements.
• Enforcing Intellectual Property Rights and deal with disputes.

Central Excise and Customs laws deals the formulation of policy concerning levy and collection of Customs and Central Excise duties, prevention of smuggling.

The levy and collection of duty under conditions of:

• Claiming of refund of duty.
• Provisions relating to conveyances.
• Drawback allowable on re-export of duty paid goods.

Appearing before appropriate authorities for resolution of issues.

The government levies on the income, property, or wealth of people or companies. A direct tax is borne entirely by the entity that pays it, and cannot be passed on to another entity.

Advising:

• Summarizing of Income before and after tax.
• Summarizing of Total capital assets
• Assessing on Tax and advising on payments.
• Calculating of Annual income and capital accounts.
• Off-shore Trusts.
• Adopting efficiently funding liabilities.
• Pension funds from tax angle.
• Matters relating to double taxation.
• Administrating of Trust accounts involving:
  • Maintaining of capital gains and tax records.
  • Submitting of income and capital gains and tax returns.
  • Use of capital gain tax allowances.
  • Preparing Trust Resolutions and deeds of Appointment

Environmental law enforces rules and regulations, and orders and statutes, concerned with the maintenance and protection of the natural environment of a country. It provides basis for measuring and apportioning liability in cases of environmental crime and the failure to comply with its provisions.

Role:

• Advising on laws, rules, regulations and governmental incentives available to further environmental interests, including tax credits, grants and land use provisions.
• Assisting in litigation wherever required.
• Consultation relating to Pollution issues, Obtaining NOC from concerned Authorities and resolving issues related to Green Bench.

Corporate Liaison is the link of communication between two corporate companies.

Role:

• Identifying, acquiring and registering the properties on behalf of corporate companies.
• Obtaining licenses wherever required under various provisions of law for and on behalf of corporate companies.
• Liaising with external agencies like government machinery and other authorities.
• Liaising to obtain financial assistance.

Criminal law is the body of law that relates to crime. It might be defined as the body of rules that the punishment to be imposed on people who do not obey these laws.

The firm deals with all actions within the ambit of the Law of Crimes as well as Penal Provisions under various enactments.

Assisting in Criminal Appeals and Criminal Revision.

Litigation means the ultimate legal method for settling controversies or disputes between and among persons, organizations, and the State. In litigation process, a case (called suit or lawsuit) is brought before a court of law suitably empowered (having the jurisdiction) to hear the case, by the parties involved (the litigants) for resolution (the judgment).

Banking and Insurance

Enforcement and interpretation of guarantees, Loan Agreements and other financial instruments for banks, building societies, life assurance companies, regulatory compliance, lease documentation, recovery strategies, derivative contracts and all connected issues.

International Commercial Disputes

Handling of disputes arising from international trading, merging and acquainting including cross-border investments.

Property Related Disputes

Handling of all property related disputes, including those arising out of conveyancing, mortgage, auctions, contracts, negligence claims and mortgage frauds.

Product Liability

Handling consumer claims, sale of goods, drug protection, etc.

Intellectual Property Rights

Handling issues including, passing off copyright, trademark, trade patent and design.

Employment Law

Handling of industrial disputes before various fora.

Bankruptcy is the legal procedure for liquidating a business (or property owned by an individual) which cannot fully pay its debts out of its current assets and Corporate Restricting is the process involved in changing the organization of a business

Advising on

• Winding-up Proceedings.
• Proceeding before BIFR AND AIFR and High Court.
• Corporate Restructuring and Rehabilitation Process.
• Legal Validity of all measures.

Legal Audit helps the Company in assessing whether all obligations are being met properly in accordance with the law of the land or not. In case there are drawbacks then what are the remedies available what are the risk factors involved in case of such non compliances etc. All this protects the Company, the Directors etc. from adverse legal proceedings./

Role:

• Analysing of corporate compliance.
• Scrutinising and comprehensive examination of documents.
• Interpreting and reporting from the client’s point of view.

Small businesses and entrepreneurs always benefit by outsourcing their services to professional service providers or freelancers as this saves them time and money. The money saved due to outsourcing can be effectively and successfully utilized to focus more on strategic and core business functions.

The firm offers LPO services in consultation with Andiraj Associates, incorporated under the Indian Companies Act 1956.

Role:

• Researching and Analysing:
  • Drafting of Contract and management review.
  • Proof-reading and revising the contracts.
  • Drafting of Employee Contract Non-Disclosure Agreement.
  • Drafting of Supplier Agreement, Lease Agreement, Vendor / Distribution Agreement.
• Legal Research:
  • Legislation searching.
  • Case Law analysis.
  • Journal searching.
  • Bare Acts and Rules and Regulations searching.
• Banking and Finance:
  • Execution of documents – loan syndication.
  • Proof-reading / verification of documents.
  • Preparation of real estate lending documentation.
• Intellectual Property Rights:
  • Patents and trademarks filing.
  • Prosecution of appeal.
  • Copyright, design protection and enforcement.
  • Infringement analysis.
• Para Legal Services:
  • Document review, archival and retrieval.
  • Summary writing.
  • Document coding.
  • Case management.
  • E-discovery.
  • Legal transcription.
  • Litigation support.
  • Legal research.
• Others:
  • Labour / employment documentation.
  • Investigation of medical malpractices.
  • Product liability analysis.
  • Workman’s compensation analysis.

Handling and advising marriage related issues arise between couples with diverse background. Analysing and applying proper legal Laws and helping the couples to solve the conflicts with one another.

Role:

• The Choice of Law
• Validity of the Marriage
• Religion
• Customs
• Common Law
• Marriage Registration
• Age of Marriage
• Dowry Issues
• Polygamy / Polyandry