Corporate & Commercial Laws
Corporate law is dynamic and all encompassing. The corporate world is fraught with legal intricacies that businesses must attend to promptly. AKM has some of the highly reputed former judges who have dealt with corporate law for several years and corporate lawyers who assist clients with all aspects relating to corporate law including:
- Corporate structuring – Acquisitions, mergers, de-mergers, private equity arrangements, joint ventures, share subscription agreements, shareholders agreements, etc.,
- Restructuring of businesses including reduction and re-organization of capital
- Legal due diligence
- Recovery actions
- Corporate governance
- Capital market advisory on various laws framed by the Securities Exchange Board of India (SEBI)
- Various aspects of winding up and liquidation
- Shareholder litigation and other proceedings before the National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT) and the Supreme Court
- Other corporate laws
Insolvency & Bankruptcy
AKM has handled IBC cases at all levels. We regularly represent financial and operational creditors, debtors and guarantors and have advised IRP’s and RP’s and liquidators.
We advise Resolution Applicants in making acquisitions through the IBC. We assist in all actions in this regard including legal due diligence, drafting exhaustive Resolution Plans, agitating issues before the NCLT, NCLAT and the Supreme Court et al.,
Both the former Chairman and Vice-Chairman of the Company Law Board (which has been replaced by the NCLT) are associated with AKM. The involvement of these judges provides an edge and massive advantage in AKM’s IBC practice.
AKM endeavours to stay abreast of developments almost on a real time basis. A dedicated team tracks every order passed by all NCLTs across India, the NCLAT and the Supreme Court on a daily basis. This process enables constant updation of AKM’s practice on developments across the Country which directly translates into benefits for its clients.
Exclusive Research Engine on Insolvency and Bankruptcy
AKM LLP powered by AKM Research and Analytics Pvt Ltd (AKMRA) has created www.ibccases.com – the first of its kind exclusive research engine on the law of Insolvency and Bankruptcy. This research engine was launched by Dr. M.S. Sahoo, Chairman of the Insolvency and Bankruptcy Board of India. ibccases.com contains repository of thousands of precedents. AKM shares this research facility as its contribution to knowledge sharing which is accessible to all with full and unlimited access.
The portal contains an objective coverage of interpretation, judgment and rulings from NCLT, NCLAT cases, bare acts, circulars, notifications, rules & regulations. With a user friendly interface it is a ready e-reference for professionals and others alike.
Tax Planning, Compliance & Litigation
Tax Planning – including but not limited to availing full tax concessions to ensure that the effective tax rate is minimal
Tax Advisory – Advising on tax and Indirect Tax matters affecting businesses, devising strategies to mitigate tax out go
Tax Litigation – Holding exhaustive discussions, assisting in drafting reply to notices coordinating with advocates and other tax advisors, preparation of appeals – and advising on with holding issues and related activities.
International tax planning
- Advising on Double Taxation Avoidance Agreements (DTAA) in relation to Indian operations
- Providing advise on Transfer pricing issues
- Advising on Withholding tax issues on International Payments
Tax advice relating to Entry strategy
- Structuring entities
- Take over of Indian Companies by Foreign Investors
- Acquisition of Indian companies through Mergers (both National and International)
- Acquisition of Companies under IBC
Advising on accounting Standard Issues – both under Ind AS / AS
Advising on investment strategies outside India and on divestitures of Businesses in foreign locations
At AKM, we provide end-to-end indirect tax solutions and specialise in GST, Customs and Foreign Trade Policy. We offer comprehensive and strategic advisory on corporate tax planning, tax structuring and trade assistance across a wide spectrum of segments and industries such as Health, Construction, Automotive, Pharmaceuticals, Agriculture, STEM, Information Technology, Transport and e-Commerce.
Our indirect tax practice ranges from Customs, GST compliance, litigation, consultancy, filing returns and refunds, dispute resolution, excise and service tax to valuation under GATT and FEMA. We also offer consultancy regarding and representation before all adjudicating authorities, tribunals and Courts up to the Supreme Court.
Our advisory and representation services include:
- Retainership with complete solutions in Indirect Tax
- GST – Registration, return filing, matching of invoices, Refunds, Pre Audit and Post Audit Solutions and Dispute Resolution and related Statutory Compliances
- Foreign Trade Advisory – Foreign Trade Policy [Foreign Trade (Development and Regulations) Act], various Import, Export Trade Controls, Schemes available and Licensing conditions for Imports and Exports, Rules of Origin and valuation under GATT
- Related party transactions – JV, Collaborations, subsidiaries, agents and all statutory compliances relating to the same
- Free Trade Agreements, Anti-Dumping and Safeguards, duty issues and its compliance
- Advisory in obtaining AEOs: licensing
- Warehousing and Into Bond Manufacturing under Section 58 and 65 of Customs Act, 1962 and other schemes announced under the Make In India programme
- Customs – Related queries and representation before all relevant adjudicating authorities
- Statutory Compliances under FEMA Rules and Regulations.
- TRIPS – Educating on IPR – Trade Mark, its Implementation and IP Management
- Identifying indirect tax incentives, schemes and tax holidays to minimalize tax spending and maximize profit
- Tax planning, setting up new businesses and designing efficient supply chains for ease of doing business
- Our interdisciplinary practice allows us to offer complete solutions in Indirect Tax matters and provide optimal tax structuring solutions to reduce transaction costs and decrease turnaround time for Export Import clearance.
The AKM approach entails a thorough and practical understanding of clients’ business challenges and we offer strategic advice and support. Our litigation team covers the most significant and complex areas of corporate, civil, and commercial litigation.
Arbitration & Mediation
AKM actively advocates alternative dispute resolution process to optimise client time and resources. The firm has a robust arbitration and mediation practice in a host of sectors. The former judges at AKM are actively involved in various arbitrations as arbitrators.AKM actively advocates alternative dispute resolution process to optimise client time and resources. The firm has a robust arbitration and mediation practice in a host of sectors. The former judges at AKM are actively involved in various arbitrations as arbitrators.
AKM leverages this experience for the benefit of it’s clients which enables AKM to provide strategies and solutions from an arbitrator’s perspective on the arbitrations handled by the firm.
Intellectual Property Rights
At AKM we assist clients in identifying, protecting and securing various intellectual property rights including acquisition, enforcement, registrations, management, and litigation relating to patents, trademarks, copyrights, designs, etc.,
Our services in this vertical include:
- Filing for registrations and handling all aspects connected thereto and assisting with renewals
- Infringement actions
- Contracts involving licensing, assignments, etc.,
AKM’s team of experienced professionals help clients understand law and issues relating to the dynamic FEMA rules, regulations and guidelines.
Our advisory services on foreign exchange laws include:
- Structures of Foreign Direct Investments (FDI) into India
- External commercial borrowings and issue of foreign currency convertible bonds
- Foreign technology transfer and collaboration agreements
- Investments abroad in joint ventures /wholly owned subsidiaries
- Issues relating to import and export of goods and services
- Other transactions involving issues arising out of various foreign exchange, current account and capital account transactions
- Acquisition and transfer of immovable property in India & advising on acquisition and transfer of immovable property outside India.
Our skilled team of attorneys advice and guide clients through the legalities of agreements of various kinds including:
- Investment agreements such as private equity agreements, joint venture agreements, share subscription and shareholders agreements etc.
- Commercial agreements such as business purchase/ business sale agreements, production agreements, marketing and distribution agreements, franchising agreements, service agreements, Joint – operation/co-operation agreements, partnership deeds, non-compete agreements, etc.
- Technical collaboration/ technical service agreements
- Computer contracts such as software/hardware agreements, website development and maintenance agreements, ERP Solutions implementation Agreements, technical agreements etc.
- Employee agreements such as employment agreement, training agreement, non-disclosure agreements, employee bonds, employee inventions agreement, overseas deputation agreement, contract services agreements etc.
- Real estate agreements such as conveyancing deeds, lease and licensing agreements, property development contracts, building and engineering contracts, family settlement deeds, release deeds etc.
- Agreement management services for retainer clients
Our competent team of lawyers advise clients on securitization laws and debt recovery proceedings before the Debt Recovery Tribunals and the Debt Recovery Appellate Tribunal and related actions.
Our real estate support is directed towards providing effective legal remedies with respect to immovable properties of clients.
The services include:
- Advisory under the Transfer of Property Act and various laws on immovable properties
- Legal issues arising out of RERA and IBC
- Foreign investment in real estate
- Agricultural land laws
- Rent control laws
- Property development, construction contracts etc.
- Joint family property and partition
- Verification of title deeds and scrutiny of related documents
- Conveyancing deeds, rental / lease / licensing agreements, mutation of records, etc.
- Registration of documents and liaisoning with various authorities
- Drafting other deeds such as family settlements, release deeds, etc.
- Litigation support involving real estate
Non-profit Organizations, Trusts & Charitable Institutions
We do not limit ourselves only to profit making organizations. We provide value-added advisory services to non-profit organizations, trusts and charitable institutions on various legal and regulatory aspects governing such entities and organizations.