Tuesday 5 September 2017

AGARWAL ADVISORS

About the Firm

Agarwal Advisors (AA)  has consistently been ranked as one of the best advisory firms in India across its diverse areas of practice. AA is a full service firm offering legal services over a wide spectrum of industry verticals, with offices in Bangalore  and Kolkata, and with a correspondent relationship in Mumbai, New Delhi & Chennai.

With a team of professionals led by a significant collegium of Partners, AA advises leading companies (both domestic and international), financial institutions, and others  on a wide array of matters ranging from corporate M&A, private equity, capital markets, banking and finance, projects, infrastructure and energy, tax, regulatory and policy and disputes and litigation.

AA services clients in diverse segments of commerce and industry both in Services and Manufacturing sectors. The spectrum of industries in which HSA services clients, ranges from manufacturing (across diverse sectors), consumer products and durables, retail, banking and finance and financial services, infrastructure / projects, energy, Oil and Gas, pharmaceuticals, hospitality and health-care, commodities trading and commodities exchanges, CDM projects and carbon trading, IT and software etc.

Our clients acknowledge and recognize AA for the professionalism and commercial perspective that we bring to transactions, our strong commercial acumen, our ability to manage transactions in an efficient and cost effective manner and our ability to address and resolve demanding transactional and legal issues. AA’s strong commitment to providing superior client services is reflected in the way we selectively and efficiently staff our assignments. At the core of this client- focused staffing is the belief in cultivating project teams that possess the requisite skills and sector specific experience. Our understanding of the regulatory and commercial risks and nuances of the underlying sector is what distinguishes the quality of our services.

AA’s stated philosophy is to partner with clients and therefore, the Firm consciously invests in building client relationships, demonstrated in part by the high levels of commitment that the Firm brings to the table. Our pragmatic and businesslike approach to problem solving translates into comprehensive yet cost-effective financials advisory  & legal services.







Our Practice Areas and Focus Sectors

Corporate and Project Finance

AA has significant experience in handling several project finance transactions in various sectors including power, highways, telecom, renewable energy and oil and gas sectors. AA is empaneled with several financial institutions in India, and provides assistance to lenders, borrowers, advisors and other intermediaries in complex local and cross-border finance transactions across major debt finance disciplines including commercial bank lending, structured financings and infrastructure, energy and project financings.


Our work involves structuring and documenting financing deals and advising on complex legal issues arising from them. AA assists clients on the optimum choice of structure, vehicle, security/collateral perfection and other issues. Our teams have wide ranging multi-jurisdictional experience in advising on large multi-currency and multi-sourced financings, particularly in India, North America, Europe and the Middle East.

The range of services includes drafting and negotiating wide ranging finance documents including mandate letters, term sheets, common terms agreements, rupee and foreign currency facility agreements, guarantees, direct agreements, cash pooling agreements, margin lending agreements, intercreditor agreements, sponsor support agreements, share retention agreements, subordination agreements, accounts agreements, trust and retention agreements and security documents including assignment agreements, share pledges, mortgages and hypothecations 



Corporate Commercial and M&A (including PE and VC Funding)

AA has an active corporate practice, including transactions related to domestic and cross-border M&As, strategic and private equity investments. The range of services includes advising on structuring of transactions, conducting due diligence, drafting and negotiating transaction documents, obtaining governmental and regulatory approvals, structuring of focused funds and advising on diverse legal and regulatory issues arising in relation thereto, advising on Securities Exchange Board of India (SEBI) rules and regulations, including under the SEBI Takeover Code, advising on compliance related issues, advising on risk factors and risk allocation, advising and structuring acquisition of overseas companies, businesses and/or assets by Indian corporates, advising foreign companies in acquisition of Indian companies including acquisition of public listed companies, drafting and negotiating transaction agreements, including shareholders’ agreements, share acquisition / purchase agreements and share subscription agreements, asset acquisition agreements, business / undertaking acquisition agreements, management buy-out agreements and related legal, regulatory and commercial advice.






AA has extensive experience in advising on private equity and venture capital investments. AA has advised clients in various sectors including Infrastructure, Real Estate, Media & Entertainment, Services Sector, Manufacturing, Telecommunication, Power, Hospitality and Restaurant Chains, Pharma, Fine Chemicals and Animal Healthcare, Retail and FMCG. AA  has in the past advised investors as well as investee companies / funds and has rendered a wide array of services including conducting legal due diligence, advising on the term sheets, providing full transaction support, including drafting, negotiating and finalising relevant transaction documents, coordinating closing and advising on related matters.

AA provides assistance on all aspects of commercial and corporate affairs, including setting up of new companies, entry strategy, takeovers, mergers, acquisitions, strategic and private equity investments, management buy-outs, corporate and trade finance and banking, corporate restructuring and commercial contracts.

AA has experience in handling corporate and commercial laws related transactions in diverse sectors, including structuring of joint ventures, identification of and negotiating with joint venture partners, technology transfers and licensing & technical assistance / service arrangements, governmental and regulatory approvals and foreign investment policy issues, establishing commercial arrangements, structuring sales and distribution networks and other commercial networks, agreements and arrangements.


Competition and Trade Law

AA provides advice to clients on competition law and trade related matters. Competition law and trade law related aspects govern the manner in which companies compete, market, distribute their products, price their goods and services, deal with customers, suppliers, distributors, wholesalers, retailers etc. In India, competition law has been recently introduced, which has replaced the erstwhile Monopolistic and Restrictive Trade Practices Act. The firm is engaged in providing legal advice and services to clients (across sectors) in relation to competition law related matters, including on anti-competitive agreements etc.

Foreign Direct Investment and Technology Licensing

AA has an active foreign direct investment (FDI) / entry strategy into India and technology licensing practice. The range of services include, amongst others, advising multinational corporations and financial institutions on FDI into India, setting up of branch offices/liaison offices/project offices in India, structuring of subsidiaries and joint venture companies, negotiation of joint venture documentation, obtaining governmental and regulatory approvals and advising on FDI policy issues, setting up of companies in India and advising on the implementation of the entry strategy. AAA also has experience in advising on franchising models, related structuring and advising and assisting clients on related documentation including franchising agreements and licensing agreements.






AA has extensive experience in dealing with foreign investment issues including dealing with RBI, FIPB, SIA, negotiating JVs, technology licensing and related agreements. HSA has been engaged in diverse assignments with several foreign companies for establishing JVs, subsidiaries, including wholly owned subsidiaries in India, and advises clients from time to time on diverse issues related to their investments into India.

AA has also handled several assignments related to outbound investments by Indian corporates overseas and has experience setting up of JVs and wholly owned subsidiaries of Indian corporates overseas and also advising clients on issues pertaining to establishment of branch offices, JVs and wholly owned subsidiaries abroad and other corporate commercial transactions similar to those described above.

AA has also been advising clients on technology transfers and licensing, technical services / assistance arrangements, drafting various licensing documentation, applying for obtaining necessary regulatory approvals as applicable.

Intellectual Property

AA provides comprehensive IPR services including transaction assistance, prosecution and litigation. AA also has the expertise to advise on areas that directly or indirectly touch upon IPR, such as Trade-marks; Copyrights; Patents; Designs; Trade-secrets; Geographical Indications; Domain Names; Franchising; Anti-counterfeiting; Passing-off; Infringement; Disparagement & Unlawful Competition; Publicity and Celebrity Rights; Cyber and Computer Law; Advertising and Media Law. AA also undertakes forensic audits of IPRs.

AA has also handled several transactions which includes IPR Assignment Agreements; IPR Licensing Agreements; Technology Transfer Agreements; Web Designing, Hosting and Maintenance Agreements; Technology Licensing Agreements; Technology Transfer Agreements; Software Development Agreements; Broadcasting Agreements; Web Development Agreements; Registered User Agreements, Software Licensing Agreements; E-Commerce Agreements etc.



Legal Compliances and Audits

The firm offers tailor-made services to listed as well as unlisted companies across all industries on legal compliances and audits. Firm’s specialised team helps in ensuring optimum level of compliance across the organisation and in improving internal processes and systems for legal compliance. Our services on legal compliances and audits, includes Statutory Compliance Management, Statutory Compliance Implementation, Legal Due Diligence, Contractual Compliance Assessment and Personalized Legal Updates.






Securitisation and Asset Reconstruction

The firm has been providing advice to various clients on the setting up and management of asset reconstruction companies. AA has been undertaking due diligences, setting up special purpose vehicles / asset purchase vehicles, advising clients on procedural compliance under the provisions of the Securitisation Act.

Tax

The Tax practice team has significant experience in advising various corporates, including several companies with operations in India. AA has the capability to provide strategic advisory, tax planning and optimisation advice, and litigation services (across all fora) to clients in all areas of Taxes, including Income Tax (including Double Taxation Avoidance Agreements), GST &  Foreign Trade Policy.

AA provides creative solutions to complex tax related issues, Goods & Service Tax (GST) transition and implementation assistance, advice in relation to indirect tax implications for Special Economic Zone developers, Co-developers and Units, Engineering Procurement Construction (EPC) contractors, and Project Owners, advice on Withholding Taxes.

AA has wide industry exposure of almost all industry verticals viz. automobile, aviation, FMCG, infrastructure, oil and gas (contractors as well operators), pharmaceuticals, telecommunication, telecommunication infrastructure and equipment manufacturers etc.

AA is well equipped to assist clients with representation services in relation to policy matters concerning indirect taxes as part of and service providers to industry bodies, as well as individual businesses.

AA’s Tax practice serves as an ideal complement to the other practice areas, such that it dovetails with those to provide a seamless service experience to our clients 


CONTACT INFORMATION:

Bangalore Office:

67, 4th Cross, 10th Main
Indiranagar 2nd  Stage
Bangalore – 560 038

Kolkata Office: 

6F CNC Street,
Bhawanipur
Kolkata – 700 025



Blog: taxofindia.wordpress.com 

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