December 2019

corporate-law

What are the corporate Laws

“The firm has always strived to create and implement innovative and effective methods of providing cost-effective, quality representation and services for our clients and will continue to meet and exceed the expectations of our valued clients.”

We represent many international and domestic companies across several sectors. We have a reputation for getting to the core of the problem and coming up with strategic solutions that are intensely researched benefitting our corporate clients in every possible way.

The firm actively advises and assists its clients on:

Company Formation

  • Advice on all the statutory compliances with regard to the provisions of the Companies Act, 2013 and all other previous laws
  • Secretarial Audit
  • Assistance in drafting and vetting of an array of agreements and commercial contracts
  • Expertise in drafting agreements for various Public Sector Undertakings, Real Estate and Construction companies, Telecom companies, Retail sector and various other private and multinational companies
  • Liaison with the relevant offices of the Ministry of Company Affairs, National Company Law Tribunal, National Company Law Appellant Tribunal and other authorities concerned, in respect of various matters pertaining to the affairs of the company

Foreign Collaborations & Joint Ventures

  • Due diligence and feasibility analysis of probable collaborators
  • Searching the best possible technology and financial partners
  • Drafting of joint venture, technology transfer, collaboration, trademark license agreements
  • Obtaining necessary approvals from all concerned authorities

Corporate Restructuring

  • Amalgamation, mergers, de-mergers and reverse mergers
  • Acquisitions & takeovers
  • Reorganization of capital
  • Valuation of assets and determination of exchange ratios
  • Liaison and coordination and obtaining approvals

Foreign Investment in India

  • Advice on Foreign Direct Investment in India
  • Setting up of a business unit in India like a Wholly Owned Subsidiary, Branch Office, Liaison Office
  • Preparation of business plan/project report
  • Tax planning with respect to setting up a business in India
  • Advisory services on pre and post set up compliance with the regulatory and legal framework

Capital Market

  • IPO, FPO, Preferential Allotment
  • Bonus Issue, Right Issue
  • American Depository Receipt (ADR) / Global Depository Receipt (GDR) Issues
  • Loan Syndication from banks/financial institutions
  • Drafting and vetting of legal papers/prospectus/memorandum of understanding/agreements
  • Liaison and coordination with various regulatory authorities such as SEBI, local stock exchanges, registrar of companies and merchant bankers
  • Carrying out due diligence as a risk containment measure

Formation, administration, and maintenance of NGOs, Societies

  • Registration of an NGO with the Registrar of Companies, Registrar of Societies or with the Registrar of Assurances as the case may be
  • Filing of returns, reports and other necessary documents from time to time as per the provisions of the governing statute
  • Drafting of Memorandum and Articles of Association, Memorandum and Rules and Regulations and Trust Deed of a Company, Society and Trust respectively
  • Obtaining necessary approval from the Central Government and complying with all secretarial and other legal compliances

Risk Management

  • Formulating and implementing the Code of Conduct and Whistle Blower Policy
  • Developing a risk management framework, it’s reporting, and implementation
  • Formulating, strengthening and implementing internal control measures
  • Ensuring legal compliance with respect to the applicable laws and regulations

Lets read about Intellectual Property(IP)

Our services include a Patent law firm, international Intellectual Property law firm, and Top international IPR law firms to our global clients at affordable prices in India & across the globe. We provide a complete range of services in the field of Intellectual Property Rights according to the requirements of our clients in order to safeguard their Intellectual Property Rights (IPR) as well as business interests.

Our IPR services cover the following IP:

  • Patents
  • Trade Marks
  • Copyrights
  • Designs and trade secrets
  • Domain name registration
  • Geological indications

We advise and assist our clients in

  • Drafting, Filing, Prosecution, and opposition of applications of Trademarks, Patents, Copyrights, Geographical Indications, Domain Names, Business Processes, including the filing of PCT applications for Patents
  • Search and intelligence services including due diligence, investigation, market surveys, negotiations for co-existence agreements and buy-outs
  • Drafting of various Agreements pertaining to Assignment and Licensing of Intellectual Property Rights and providing advisory services on different transactional work involving IP Rights
  • Execute all formalities with respect to enrolment and litigation matters of Trade Marks and Service Marks, along with drafting technology transfer and licensing compliances, an estimate of intellectual property of our clients
  • Representation before and Liaoning with various authorities such as Trade Mark Registry, Copyright Office, Geographical Indications Registry, National Informatics Centre and Intellectual Property Appellate Board (IPAB)
  • Senior Attorneys with many years of government and industry experience understand the intricacies of litigation involving issues around Intellectual Property Rights. We have been handling various disputes related to IPR infringements which include representing our clients before various courts, authorities, and forums in complex litigations issues, appeals and opposition proceedings. Our deep understanding of Patent Laws, coupled with knowledge of science and technology enables Maheshwari & Co. to deliver positive results to the needs and satisfaction of clients.
Pharmacy-Law

What is Pharma & Health Care Law

Kainth Consultants provide broad and deep insights into the key trends and risks operating in the pharmaceutical and bioscience sector, blood banks, diagnostic companies as well as other healthcare bodies. Our firm provides intensive consultancy and handles litigation of complex nature in pharmaceuticals and health sectors to both national and international clients on strategic matters.

Kainth Consultants advise International and Indian companies and institutions on the legal, IP (both contentious and non-contentious), regulatory issues, corporate laws, and taxes.

We offer clients unparalleled assistance on:

  • Various corporate transactions which include raising funds for the Company through Private Equity, Mergers & Acquisitions, De-mergers, Joint Ventures and various collaborations related to the licensing in the pharmaceutical, biotechnology and healthcare sectors
  • Various regulatory issues and compliances relating to clinical trials, marketing, research and development
  • Adverse Drug Reaction reporting and litigation support to the victims of Adverse Drug Reactions and medication errors
  • Assistance in import, manufacture, sale, and testing of medical device, drugs, and cosmetics
  • Assistance on issues pertaining to IP Rights including patent and trademark compliances, filing of applications, geological indications, secret information disputes
  • Drafting and reviewing of various agreements such as Contract manufacturing and sub-contracting, License Agreements, Partnership, Agency Agreements, Confidentiality Agreements, etc.

What is Legal Research

Kainth Consultants offers a full bunch of legal research services and solutions to corporate and consulting companies. Our dedicated team of lawyers has expertise in research in laws related to corporate laws, infrastructure projects, intellectual property rights, banking, labor 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 by the recommendation of appropriate methodologies, project management, environment influence assessment, and data analysis to help them make the right decisions.

For legal risk analysis, we calibrate the whole case to identify solutions and also advice on the pitfalls to be avoided.

In India, a State can enact laws that are relevant to that specific State only. 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 advise the clients on any changes that need to be brought about in their existing framework.

What is Copy Right Law in India

The copyright law in India is governed by the Copyright Act, 1957 (as amended in 2012) along with the Copyright Rules, 2013. The first copyright law in India was the Indian Copyright Act, 1914.

Copyright is a right given by the law to creators of intellectual property in the form of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings. As soon as such work is created, copyright comes into existence and no formality is required to acquire it.

Some of the rights which creators of intellectual property enjoy include the right to reproduce their work; communicate their work to the public, adaptation as well as translation of their work, etc.

Any individual who is the author or rightful owner or his/her assignee can file an application for the registration of copyright.

Copyright registration is not mandatory however, in case of dispute related to ownership of copyright, the certificate of copyright serves as a prima facie evidence in a court of law. Thus, it is advisable to apply for registration of copyright.

There are exemptions to copyright infringement, such as, when copyright is used for the purpose of research, criticism or review, in connection with judicial review, for teaching in a classroom, etc.

The registration fee for copyright varies from case to case.

Information required at the time of filing for registration of copyright includes full name, address and nationality of the applicant(s) and that of author, nature of applicant’s interest in the copyright i.e. OWNER / LICENSEE etc., title of the work, declaration signed by the author (if different from the applicant), language of the work, whether the work is published or unpublished, if the work is published, year and country of first publication and name, address and nationality of the publisher, year and countries of subsequent publications, if any, name, address and nationality of any other person authorized to assign or license the rights in the copyright, power of attorney for the firm, six hard copies of the work and three soft copies, (For computer programs) – 3 copies of the program on CD ROMs.

Procedure:

File an application along with the fee in the form of a demand draft, postal order or online payment in Form-XIV after which diary number will be allotted.

The applicant is required to send by registered post copies of Form (XIV), Statement of Particulars & Statement of further particulars to every person who claims or has any interest in the subject matter of the copyright or disputes the rights of the applicant to it.

The applicant has to wait for 30 days for objections. If an objection is filed during that period then a letter is sent to both the parties. After a requisite reply from the parties, the registrar may conduct a hearing. If the application is still rejected then a rejection letter is sent to the applicant. However, if no objection is filed within the said period, the application is then formally examined and discrepancies in the application found by the examiner, if any, are raised, or any extra documents are requested by issuing a discrepancy letter to the applicant. Response to the discrepancy letter has to be filed by the applicant within 30 days.

After all the formalities are done, the Copyright registration certificate is issued.

The term of registration of copyright varies and the general rule is that the copyright lasts for 60 years. In the case of Original literary, dramatic, musical and artistic work, 60 year period commences from the date of the death of the author. However, in the case of cinematographic films, sound records, photographs, posthumous publications, works of government and international agencies, 60 year period commences from the date of publication.

Best Telecommunication Law Firm

What is Telecommunication Law

Kainth Consultants Having a significant experience in the telecommunications sector ranks amongst the top telecommunications law firms in India for technological transactions. We advise clients on the licenses, legal and regulatory issues relating to the Telecom Regulatory Authority of India (TRAI). We represent clients before the Department of Telecommunications (DoT), the STPI and the TRAI.

The firm has been regularly advising varied companies with regard to the following:

  • Mergers and acquisitions – Complete M&A support to telecommunication companies
  • Data processing – Agreements dealing with data processing, Internet connectivity, and data networking
  • Agreement negotiations – Agreements dealing with IT/Communications packages