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.