Corporate Commercial & Business Laws
"People must act with vigor to avert commercial slavery."
At Khare Mishra & Partners LLP , we advise public listed companies, private enterprises, startups, and corporates across various industries on a wide range of legal and regulatory matters. Our extensive interaction with clients across sectors has enabled us to develop invaluable expertise in navigating complex business and regulatory environments.
In today’s dynamic and competitive landscape, characterized by globalization, socio-economic uncertainties, accountability demands, and rapid technological advances, organizations must balance short-term performance with long-term growth. A clear, strategic roadmap is essential for sustained success.
Our approach is defined by a simple yet impactful formula:
Business Acumen + Legal Expertise = Commercial Success
We collaborate with clients to optimize their operations in line with the evolving corporate legal landscape. Whether it’s acquisitions, investments, divestments, joint ventures, or strategic alliances, our overriding objective is to ensure clients maximize returns on every transaction. We focus on understanding our clients’ business needs and providing tailored, practical solutions.
We provide comprehensive advice on the legal and regulatory aspects of our clients' strategic initiatives, ensuring alignment with their business interests. Our expertise spans mergers, acquisitions (strategic, private equity, and venture capital), schemes of arrangement, restructuring, divestments, and capital-raising activities.
Understanding the nuances of our clients’ businesses allows us to negotiate effectively and draft robust documentation for mergers, acquisitions, private equity transactions, alternative investment funds, and venture capital investments. We offer support at every stage—from the inception of the strategic plan to its implementation. Our integrated approach leverages our proficiency in competition law, regulatory matters, taxation, and dispute resolution to deliver solutions that address our clients’ commercial objectives.
While the Companies Act, 2013 introduces a modernized framework that aligns with current global practices. While it offers a fresh perspective, it also brings challenges in interpretation, application, governance, corporate social responsibility (CSR), and disclosure norms.
Our services encompass the full spectrum of corporate advisory, addressing both strategic and operational needs. These include mergers and acquisitions, private equity and venture capital investments, joint ventures, demergers, and cross-border transactions. We also handle critical issues like taxation, transfer pricing, investment protection, securities law, insider trading, white-collar crime, directorial responsibilities, compliance, and risk management.
Our services for strategic transactions include:- Negotiations: Representing clients in discussions with counterparties, including investment bankers.
- Deal Structuring: Advising on optimal transaction structures.
- Documentation: Drafting and reviewing agreements and ancillary documents.
- Regulatory Interactions: Engaging with regulators such as the Foreign Investment Promotion Board, Securities and Exchange Board of India, and the Competition Commission of India.
- Litigation Support: Representing clients in courts for schemes of compromise and arrangement.
Experience
(1) Banking & Finance
- Acted as sole advisor for private equity transactions of Rs.781 million infused by a State Utility in its project for expansion of power plant
- Acting as advisor and Counsel for a yarn Mill for their derivatives transaction dispute
- Acting for various banks and financial institutions for their high value loan securitization
- Advising Corporates for derivates, F & O transactions
- Advising Corporates for working capital enhancement facilities
- Advising a leading financial institution on 6 strategic joint ventures for their client in manufacturing sector
- Advised a PSU bank on their issues relating to blocked funds in a Letter of Credit due to USA's embargo on Iran banks. Advised on several complicated issues concerning UCP 600
- Advising funds on securitization and securitized financial products
- Acting as advisors and counsel for various companies issues involving financial and securities scam of about Rs. 7,000 Crores (approx.US$ 2.5 billion)
- Acting as advisors and counsels for banks and financial institutions for securitization, recovering / restructuring of debts
(2) Corporate Commercial
- Advising one of the largest Japanese conglomerate on their shareholding issues pertaining to their 660 mw power plant in India
- Advising a leading foods company on their alternate investment fund issues for over Rs. 1200 crores
- Advised a solar power plant in Maharashtra on their corporate issues, shareholder rights issues & project issues
- Advising one of largest hotel chain on their India properties for regulatory & corporate issues
- Advisor to infrastructure consultants for infrastructure projects
(3) Foreign Exchange Management
- All documentation, advising, consultation and procuring of approvals for Inbound and Outbound investments in India or to Overseas
- All documentation and advising for Joint Ventures and Wholly Owned Subsidiaries in and outside India
- Handle External Commercial Borrowings and Foreign Currency Convertible Bonds matters with RBI
- Advising private equity fund houses and venture capital funds for equity infusion transactions in various sectors
(4) Mergers & Amalgamations
- Due Diligence and Strategic Planning for pre-merger requirements
- Advising, negotiating and seeking court approvals for mergers and amalgamations of the companies
- Acted for merger of seven private companies and also listed companies
- Advised, structured merger transactions, documentation, and having it approved by Court for 4 different (unrelated) companies in the airlines services industries
- Acted for merger of 2 FMCG companies
- Acted for merger of companies located in different states in India