Regulatory Practice

Data Protection

Data protection laws in India are at a nascent stage with evolving concepts. The present practice involves advising on Information Technology Act, 2000, which mainly provides legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication.

In the digital age, Agama has developed this unique set of practices for assisting e-commerce and fintech companies among others to create their commercial contracts, e-contracts, click wrap and shrink-wrap agreements, keeping in mind all the current laws, including the proposed Personal Data Protection and Non-Personal Data laws in India and globally. Agama has also developed expertise in helping companies build technology in the most compliant manner keeping in mind not just Indian regulations such as IT Act and Aadhaar laws but also compliant with the global legal landscape. For more details see Sectoral Practice at Information Technology and E commerce.

Employment laws

Employment laws have become more challenging than ever in Indian scenario with complete overhaul in the recent past. Further, on one hand the corporates are constantly finding ways to deploy resources in various outsourcing models and on the other hands they are subjected to various employment laws and are covered directly or indirectly to ensure employment laws compliance.

India has unique challenge as businesses are expected to comply with various local and state legislations, over and above the central legislation. Organisations having pan-India presence, constantly need on the fly advice on implication of myriad employments regulations to run their operations smoothly.

Agama has vast experience in dealing with any and every nature of employment issues that may arise whether in relation to blue collar employees or white collar employees, part time consultants to full time consultants at pan-India level. Agama has advised corporates having large work force from hundreds to thousands in various sectors, in making various internal polices, code of conduct, creating check list for monitoring compliances, drafting employment manuals, various employment contracts, offer letters, consultant appointment letters, fixed term employee contracts, part time, full time consultant contracts, termination letters, transfer orders, employment bonds, assisting in POSH compliances, issuance of various employment laws advisories for corporate centres to enable them to take decision across their organization levels.

Agama Partners have authored various articles for magazines and blogs from time to time and Agama has been nominated as one of the finalists for “Employment Law Firm Of The Year”, by IDEX Legal Awards, 2019. For more details on our awards and recognition – see here.

Food laws

Food Safety and Standards Authority of India (FSSAI) mainly covers activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients.

Agama team has been working closely with companies in the food industry and have dealt with various range of issues and advisories in relation to FSSAI Act and Regulations. Agama advises companies who are into manufacturing of food, processing foods, packaged foods for domestic and international usages. Agama team also advises on varied compliance issues ranging from licensing, registration, marketing, selling from B2B and B2C perspective to product recall and product expiry.

Foreign Exchange Laws

Foreign exchange laws, mainly govern the money inflow and outflow in India. For all inbound and outbound investments, Reserve Bank of India, Ministry of Finance and other government agencies play a vital role in managing these transactions. FEMA and all other foreign exchange laws are needed to be adhered to, by the corporates operating globally in all business activities whether of capital nature or involve routine business transactions.

Agama advises Indian and overseas companies to manage compliance of these laws, strategising entry or exit from India, providing dispute advisory and documentation in this respect. For more details see our profile for Mergers and Acquisitions and Corporate and commercial transactions and advisory.

Financial Regulatory and Capital Market

The capital markets and financial regulatory area includes various advisory services in relation to capital instruments, commodities & securities markets (SEBI & exchanges), company related matters (ROC, MCA), banking, financial institutions and NBFCs (RBI), insolvency and bankruptcy (IBBI), real estate advisory (RERA), anti-money laundering law (enforcement directorate).

Agama team comprises of members having expertise in dealing for and against these regulators and having 15 years of experience in dealing with SEBI, SAT, MCA, ROC, RERA.

Agama advises corporates entities, listed, unlisted, promoters, investment bankers in all types of corporate advisory for dealing with securities interalia preferential allotments, open offers, initial public offerings, follow-on public offerings, rights issues, and debt offerings. Working with different stakeholders, gives us overall perspective to deal with issues more practically and provide solution based approach.

Financial Frauds

Agama provides strategic advisory to its clients with the help of external team of experts who have been veterans in dealing with economic offences wing (EOW) and serious and special fraud investigation matters (SFIO). Agama Partners have their necessary collective financial and criminal law experience.

Legal Metrology

Legal Metrology laws mainly establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. The Legal Metrology Act and various Rules there under set out these standards.

All manufacturing or trading organisations require these services on an ongoing basis. Be it FMCG, Food, Automobile, E-commerce and Logistics etc. Agama team has been providing legal metrology advisories at pan-India basis to these businesses on regular basis. This advisory interalia includes licensing, registration, marketing, selling from B2B and B2C perspective, product recall, product expiry, product modifications, labelling and packaging requirement etc.

Renewable Energy

Agama advises in all the renewables energy sectors including compliances, advisory, contract negotiations, power purchase agreements, solar distribution agreements.

Mergers and acquisitions

Mergers and acquisitions (M&A) is the process by which a company seeks to grow through either combining with another company or purchasing the company outright.

The Agama team of professionals are trained in facilitating this process for companies. A diverse field with many responsibilities depending on the progress of a deal, Agama provides all rounded support irrespective of the nature of the client whether start-up, listed entity or MSMEs. Our Partners are M&A specialists and highly flexible in handling a wide range of activities as needs arise.

Among others, Agama regularly advises owner-managed businesses, promoters and founders on the range of corporate agreements required to protect their rights and position assisting them in growing their business, typically by way of M&A, equity and/or debt finance, JV agreements and shareholder agreements. Clients benefit from the lead partners’ experience in a range of legal areas, such as employment, regulatory, intellectual property, foreign exchange issues surrounding the transaction and other commercial issues.

Our experience in corporate transactions also includes company acquisitions, buy outs and restructuring various types of agreements inter alia joint venture agreements, share purchase, business transfer, share subscription, asset purchase agreements, inter corporate agreements, sweat equity and ESOP documentation, limited liability partnership agreements and all other ancillary documents which support the M&A process.

Agama has successfully assisted end-to-end in various mergers, acquisitions, takeover, investments, joint ventures and change of control transactions at various stages of a company’s life cycle and in diverse sectors.

Dispute avoidance, management and resolution

At Agama, we take holistic approach towards disputes. Each professional is ingrained with the philosophy that from a commercial stand-point disputes are not only to be litigated, but also managed and avoided wherever possible.

Our disputes profile includes the entire gamut of pre dispute advisory, litigation in various fora as well as domestic and international arbitration. Agama team assists with advising and strategizing from an early stage of a potential dispute to conducting and managing the dispute from its very inception.

PRE-DISPUTE ADVISORY

Our expertise in pre-dispute advisory and management, assists the Clients, to not only avoid the disputes, but also to evaluate its own position before matters move into litigation and take positions accordingly. Parties are then in position to amicably settle disputes and focus on business growth.

Through our committed lawyers and specialist counsels, we anticipate the risks, strengths and weakness of clients at early stage and minimize exposure of clients towards the potential financial liability and other business risks. We get involved with clients closely, understand and appreciate the intricacies of their business and alert them of potential pitfalls during the course of their commercial activities helping them avoid disputes and if unavoidable, manage them to their advantage.

ARBITRATION

Agama regularly represents clients in arbitrations, both international and domestic, involving claims of a few millions to billions of rupees. Agama has represented clients in arbitrations from varied sectors such as construction, infrastructure, energy, international trade, and private equity.

Agama through its associates and affiliates across the world has the capability to assist and represent clients in arbitrations involving governing laws of other jurisdictions and administered under any international institutional rules such as ICC, LCIA, or SIAC.

Agama has been effectively representing clients in domestic arbitrations as well as related litigation providing End-to-end seamless legal representation from court assisted appointment to challenge and execution of an award. We also have extensive experience in assisting clients in dealing with statutory arbitrations or specialist arbitrations against public bodies of PSUs.

LITIGATION

Agama has vast experience in handling commercial and regulatory litigation in diverse forums involving myriad sectors.

High Courts

Agama represents clients in commercial disputes before High Courts across the country. Agama has a team of litigation experts who understand the complexities of commercial litigation and provide strategic support from inception to the final appellate stages. Given the need of specialist and local support in litigation at various stages, Agama has nurtured and maintained deep working relationships with expert external counsels in various super specialties as well as with local advocates across India. Through such efficient network and in-house knowledge, we help clients adequately safeguard their interests in commercial litigation while managing budgetary concerns.

National Company Law Tribunals (NCLT)

Agama has a dedicated team dealing with matters at NCLT – both company litigation as well as litigation arising under Insolvency and Bankruptcy Code (IBC). Agama has assisted companies in getting necessary approvals for their schemes of mergers or demergers. We also have extensive experience in dealing with company law litigation including oppression and mismanagement petitions.

Agama has been at the forefront of acting in applications arising out of insolvency and bankruptcy code(IBC). From the start of this jurisdiction in 2016, Agama has advised clients and represented them in almost all existing NCLT Benches as well as NCLAT in Delhi. We have acted not only for creditors but also corporate debtors and promoters in different cases, but also represented resolution professionals and liquidators. We have set up relationships with local advocates in all existing jurisdictions where NCLT has benches to be able to provide timely and efficient representation to our clients.

Corporate and commercial transactions and advisory

Corporate Advisory

Corporate advisory practice involves researching, analyzing and providing solutions in respect of business, commercial and corporate laws for listed and unlisted companies and private clients. We provide strategic commercial legal advice to our clients, in all areas affecting an organization from renting property to labour to sectoral laws and financial laws.

Agama works hand in hand with clients towards common goals of investment protection, sustainable growth curve or exits by key stakeholders.

We have provided strategic advisory and assistance on project related issues concerning contractual arrangements and legal and regulatory frameworks, to facilitate compliance and risk mitigation in the conduct of business of our clients

Commercial Transactions and Business Contracts

Transactional practice involves researching, preparing and reviewing the documents that bring individuals and companies together: from contracts for large corporate transactions to the closing documents for the purchase of a house.

Drawing on decades of experience of the partners, commercial transactions and business contracts has emerged as our forte and principal focus as a boutique commercial law firm. The firm brings with it added capabilities of contract management, standardization of agreements and ensuring healthy business relations for its clientele.

Our expertise in business contracts has not just depth but encompasses a large spectrum of contracts. For instance, Technology Agreements, IP Agreements, Software/SAAS Agreements, escrow agreements, employments agreements for various positions from blue collar to white collar, confidentiality agreements, corporate bonds and indemnities, logistics agreements, warehousing, 3PL agreements, financing agreements, supplier agreements, leasing agreements, franchisee agreements, media contracts, sports endorsements/management agreements, trust deeds, e – commerce agreements, online terms of use, privacy policies and click wrap agreements.