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Best and Experienced Lawyers online in India > Posts tagged "best corporate lawyer in Noida"

How can an Individual file for Insolvency: Lawyers Advice

The Insolvency Laws of India were introduced by the Britishers and like the other laws, it owes its origin to English Law. The insolvency Laws were divided into two statutes on the ground of geographical division. The first is the Presidency Towns Insolvency Act, 1909 which applies to the presidency towns of Calcutta, Bombay and Madras and the second is the Provincial Insolvency Act, 1920 which applies to the entire territory of India except for these presidency towns. Both the Acts deals with the insolvency process of Individuals and firms. According to the 26th Report of the Law Commission of India,...

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Personal Liabilities of a Director as per the Indian Companies Act of 2013

A company is a legal person that appoints directors as its agents to carry its business. Due to its separate legal entity characteristic, the company itself is responsible for liabilities arising from day to day activities being conducted. Personal liability of a director comes into picture when he/she breaches his/her duties while performing fiduciary activities. What do we man by the Fiduciary Duties of a DirectorDefining fiduciary: The term fiduciary revolves around trust. A person acting as a fiduciary puts the opposite party’s interests above his own and acts in good faith with a bona fide intention. Upon suggestions given...

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Laws on Mergers & Acquisitions (M & A) for Foreign Companies: Lawyers Advice

The term ‘mergers’ simply means merging of two entities to form one single entity. (A + B = AB). Whereas an acquisition is one entity completely acquiring the business/management of the other one (target). After the acquisition, the target’s business goes under the complete control of the acquirer. Cross-border Merger and AcquisitionDefining cross-border arrangement: When two businesses registered in two different countries come together to merge or one acquires the other, it is termed as a cross-border merger or acquisition. Here, the Indian company is a company registered under the Companies Act, 2013 and the foreign company is a company...

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Steps for Preparing a Non-Disclosure Agreement (NDA): Lawyers Advice

In the 21st century, every business has developed its own proprietary information, strategies, trade secrets, and intellectual property which is confidential to the business. Industries ranging from pharmaceuticals, softwares, cosmetics to food and beverages have businesses who hold a large amount of confidential information. For a business to maintain its competitive edge in the market, one needs to ensure that such sensitive information doesn’t fall in the wrong hands, for example- a rival competitor. A Non-Disclosure Agreement (NDA) is frequently used by businesses to prevent that from happening. A Non-Disclosure Agreement (NDA) refers to a legally binding contract signed between...

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Steps for Preparing a Vendor Agreement: Lawyers Advice

A business procures goods and services to engage in commerce efficiently on a day-to–day basis. Each product or service is acquired by a vendor dealing in the respective category of such goods. When dealings with vendors are frequent and involving transactions worth huge sums, entering into a vendor’s agreement facilitates things for a business. It ensures that the vendors deliver, which facilitates smooth business operations. A vendor agreement is a legal document which stipulates the terms and conditions of the vendor’s services to be hired by the business, outlining the expectations of both the parties. A meticulously drafted agreement...

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How to Prepare your Investment Term Sheet: Lawyers Advice

The term sheet is a initial document in any transaction which is a nonbinding agreement that serves as a template for basic terms and conditions and other relevant information. The terms sheet should mention that all the obligations discussed will be contingent upon the deal reaching its finalisation. It is an informal document which helps in having a broad understanding about the process and the expectations of the parties before entering into a formal deal. The term sheet is a standard agreement which is undertaken at a preliminary stage of the discussion between the investors and the founders during negotiation...

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Pre-Requisites of a Joint Venture (JV) Agreement: Lawyers Advice

The strategic alliance or the business arrangement between a group of people or business entities to form such an undertaking either for a stipulated period or beyond that to fulfil some business goals or project for a lawful purpose can be termed as a joint venture in a simplified manner. The parties involved in such kind of arrangements can be termed as co-venturers. Usually, the main aim to form such an alliance is to pool and merge the resources like capital, manpower, expertise and so on to achieve the business objectives and to capture the market to have a powerful...

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Essential Pre-Requisites of a Founders Agreement: Lawyers Advice

As per the Indian government website of start-up India, India ranks 3rd as the largest start-up community in the world with about 50,000 start-ups in India in 2018 itself. With such a staggering number for a start-up and the interest of people to work independently, it becomes imperative for them to not only work on the ideas to set up the foundation of any business but also to protect themselves from any legal troubles in future. Hence, amongst the first thing to consider before stepping into the nitty-gritty of a business is to have a solid legal backing in the...

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Essential Pre-Requisites of a Shareholders Agreement: Lawyers Advice

A Shareholders Agreement (SHA) which is also called a Stockholders Agreement is basically an agreement which safeguards the interests of the shareholders of a company as it is a contract between the shareholders and the management of a company outlining various important elements which protect the existing shareholders, the minority shareholders’ and also the future shareholders’ which could be in form of seed financing investors or angel investors. It includes terms like shareholders’ rights, responsibilities, liabilities, and obligations, etc. It also specifies about the pre-emptive rights which allow the existing shareholders to participate during the time when new shares are...

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Five Inevitable Legal Compliances for Platforms giving Share Trading Advice & Tips

Legal Compliances for Platforms It has been time and again established that there have been certain websites and individuals which allegedly offer unregistered investment advisory services but in reality, they run the operation without obtaining a proper SEBI registration as an Investment Advisor. All the online portals who have been providing with the share trading tips and advice should take into consideration certain compliances on their behalf to ensure the smooth functioning and to avoid any legal complications in the future. Securities and Exchange Board of India (SEBI) RegulationsUnder section 3(1), Chapter II of SEBI (Investment Advisers) Regulations 2013 it has...

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