Law makers in India have provided regulatory agencies with broad spectrum of powers to levy fines on companies and its directors and officers in charge, including criminal sanctions in some instances. Regulators are aggressive in their enforcement actions. In this environment of “doing business in India the right way”, it is imperative for clients to operate in a compliant manner and give signals to the regulators, its shareholders and other stakeholders that regulations are taken seriously.
In view of the above, the Firm helps its clients and its directors navigate through complex and ever changing corporate and other regulatory norms to ensure that the business interests of the clients are adequately addressed. Given this backdrop, we assist our clients with:
(a) Strategic and General Corporate Law Advisory
Clients are advised on prevalent corporate law and international best practices on its operations, including but not limited to advice on annual general meetings, business reviews, directors remuneration, directors indemnification and insurance policies, shareholder rights (including rights of minority shareholder) and share capital. Clients are provided advice and support on all aspects of their requirements – including corporate restructuring, company law, corporate governance, company secretarial, and other legal and regulatory requirements. Given that the corporate landscape of the country is in transition phase with the parallel implementation of the Companies Act, 1956 and Companies Act, 2013 coupled with regulations of securities regulator, competition regulator and sector specific regulator, it is imperative that clients are made aware of the latest best practices in doing business in India.
(b) Corporate Governance Norms
Greater emphasis has been laid down by the regulators on corporate governance norms. We assist our clients to be up to date with corporate governance procedures. We advise on corporate governance issues for listed companies, institutional investors, private equity players, underwriters, board committees, directors and others. We advise on an entire gamut of corporate governance regulations, including investor protection, minority shareholder rights, listing norms, auditors rights and independence, board structure, rights and liabilities of directors and officers in charge, the responsibilities of independent and non executive directors, regulations regarding directors remuneration, listing rules and regulations. The corporate governance sub practice works closely with the disputes team of the Firm to provide a comprehensive service to our clients.
(c) Risk Management
Clients from all sectors are faced with increasingly complex compliance challenges, with the risk of heavy fines, reputational damage, and in some cases criminal prosecution. We advise clients across the full spectrum of risk management and compliance covering all industries, including those operating in regulated sectors. Clients are advised on risk assessments and audits, compliance reviews and developing and testing compliance policies and procedures. We conduct transactional and institutional due diligence reviews, manage internal investigations, and defend companies and individuals in externally driven investigations and enforcement actions.
The Firm covers the full spectrum of risk management/corporate compliance issues like:
(a) Anti-trust and competition
(c) Anti-money laundering
(d) Data protection
(e) Environmental compliance
(f) Employment law
(g) Conflicts of Interest
(h) Directors liabilities