HST LEGAL has a significant knowledge base with respect to relevant federal and state government laws, regulations and procedures which enable us to offer detailed advice and to assist in processing regulatory approvals. We assist our clients in developing an efficient transaction structure that can be easily implemented keeping in mind their business objectives and the applicable laws and issues.
Our Corporate team embraces corporate finance, mergers and acquisitions, joint ventures, disinvestments, de-mergers, buy out/acquisition and private equity. Our experience covers the full range of corporate transactions, including public and private M&A deals, joint ventures, restructurings, floatations, share offerings, securitizations and private equity funding. We advise public companies and their directors on legal, regulatory and compliance issues. We also assist in all stages of funding cycle including seed capital, first round and down round funding. We act for private equity houses, venture capitalists, founders and management.
Our team provides advise to foreign companies on investment regulations, sectoral caps and regulatory issues relating to various sectors in India. The team actively advises and opines on barriers to entry, which include foreign investment regulations, policies, specific commitments under various trade agreements, customs duty etc.
The firm assists and represents foreign companies before the regulatory authorities including Foreign Investment Promotion Board, Ministry of Commerce and Industry, Government of India and helps companies in getting necessary approvals/ clarifications/ registrations/ licenses.
Services offered include:
- Negotiation assistance from Term Sheet stage till finalization of Shareholders & Share Subscription Agreement (SSHA)
- Advisory services on transaction structuring issues in mergers, acquisitions, de-mergers, disinvestment, buy out/acquisitions, private equity and other investments, strategic alliance and joint ventures
- Documentation, including drafting and review of Shareholder and Joint Venture Agreements, Merger and De- merger Schemes, business acquisition documents and documentation related to open offers and capital markets related transactions.
- Assistance in implementation of Merger, De-Merger and other corporate restructuring schemes.
- Legal due diligence
- Incorporation of clauses/ conditions to tighten/ safeguard the investment in the Indian Start Up space and proposed exit options
- Advisory services of Share Offering Memorandum, Adherence Deed, inclusion of conditions to safeguard investments and pre emptive litigation/ ADR options.
- Advice on regulatory framework in India regarding the above transactional work including Companies Act, Limited Liability Company (LLP), Foreign Direct Investment (FDI), Reserve Bank of India (RBI), Foreign Exchange Management Act (FEMA)and Foreign Trade Policy (FTP).
- Drafting and review of ancillary documents, including technology and intellectual property license agreements, service agreements, marketing and distribution agreements, manufacturing, confidentiality, non compete, voting trust and escrow agreements.
- Advice on Exemptions/Privileges under Start Up India Scheme (including but not limited to Income Tax exemptions, Regulatory and other exemptions/privileges)
