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Areas of Practice

Arbitration & Mediation: Disputes in business are inevitable. Given the large number of cases before the courts in India, Arbitration & Mediation as alternative means to resolving commercial disputes is gaining significant ground. ADC Legal helps you in

  1. Drafting arbitration agreements,
  2. Compiling Claims and Counter Claims
  3. Chalking out strategy, in case the dispute arises
  4. Drafting and Representation before Arbitral Tribunal and
  5. Drafting Representation before the High Court & Supreme Court in matters related to Arbitration

 

Corporate Solicitor: This is the unique offering of ADC Legal. In the modern complex financial world, any rising company needs services of legal experts on continuous basis. The foundation of victory in legal action is laid in the initial stage of negotiating contracts, formulating financial policies and filing early representations. ADC Legal acts as corporate solicitor and helps you run your organization with better control. In its role as Corporate Solicitor, ADC legal, inter alia, renders following services:

  1. Drafting Policies
  2. Correspondence with suppliers/customers/partners
  3. Drafting notices of breach/non-compliance with the terms of agreement
  4. Drafting notices for invoking arbitration/mediation proceedings
  5. Drafting replies to notices from Government/regulatory authorities
  6. Drafting of minutes of meetings: In case of crucial meetings between stakeholders, it is necessary that the views are rightly captured

 

Commercial Contracts: There are two aspects of any commercial contract viz. commercial terms suitable to business and execution of legal contracts of binding nature to enable the organization to enforce the agreed terms. As a businessman you are in a position to conceive the commercial terms but you need professional help to articulate your thoughts. Moreover, you want to protect your long term interests legally.

It takes on an average nine iterations before a commercial contract is finalized between parties. Since the financial stakes are very high, you need help of experts in negotiating better terms. ADC Legal conducts and helps you in closing binding commercial contracts.

 

Corporate Laws: A company is a democratic institution. The Companies Act, 1956 and the Securities and Exchange Board of India Act, 1992 define rights of various stakeholders and lay down procedures to be complied by the company and its directors.

An organization needs to have better understanding of corporate laws and plan its affairs in such a way so as to maximize shareholders’ wealth and minimize litigation. ADC Legal renders following, inter alia, services under corporate laws:

  1. Drafting of Shareholders’ agreement: In case there are more promoters to a corporate entity, it is always advisable to have a shareholders’ agreement to govern the relationship inter se shareholders.
  2. Handling disputes relating to allegation of oppression and mismanagement.
  3. Handling investment portfolio
  4. Compliances under various statutes
  5. Handling investigation into the affairs of the company
  6. Merger and acquisitions

 

Direct taxes: ADC Legal specializes in direct taxes and helps you not only in making compliances and representation before authorities but also in planning extensively under the direct taxes. Three specific areas of specialization by ADC Legal are:

  1. Search and Seizure Operations: - Search and seizure is a serious invasion of the rights of the subjects. It was really not known at earlier stages to common law. When it was for the first time introduced, it was confined to stolen goods, but its usefulness soon forced its recognition and it was from time to time, extended to such searches as are contemplated under Income Tax Law.

    It is imperative that search and seizure should not be allowed to exceed the limits of absolute necessity and the over-zealousness of the searching officers not permitted to cross the permissible limits. Under the existing law, a search can, inter alia, be authorized if the Officer issuing the search warrant has reason to believe that the person concerned is in possession of any money, bulin, jewellery or other valuable article or thing which represents, either wholly or partly, income or property that has not been disclosed for income-tax purposes. Further, it will now be possible to issue a search warrant even in a case where the officer issuing such warrant has reason to believe that such money, bullion or jewellery, etc. whould not be disclosed by the person concerned for income-tax purposes in future.

    Search and seizure operations need to be handled with utmost care and full knowledge of law  not only Income Tax and Excise but other branches of  law such as corporate law etc.

    ADC Legal provides consultancy and representation services in search and seizure operations. It is imperative that ADC Legal is engaged at a very early stage of search proceedings since it is a specialized area and initial strategy goes a long way in protecting the interest of the client.

  2. Transfer Pricing: With the globalization, the size of business is growing. There are cross border transactions among the associate companies and the regulatory authorities of each country wants to tax the profits arising in their countries respectively. The transfer rising policies are therefore, an important part of structure of the business where two or more associate companies work from different countries.

    Chapter X of the Income tax Act, 1961 (Section 92 to 92F) contains provisions relating to avoidance of tax popularly known as ‘Transfer Pricing Regulations”.

    The Finance Act, 2012 has further enlarged the scope of Special Provisions relating to avoidance of tax by bringing Specified Domestic Transaction (“SDC”) alongside international transaction.

    ADC Legal specializes under transfer pricing law and renders consultation and representation services in the matter.

  3. Representation before Income Tax Appellate Tribunals and higher Courts:- The Income Tax Appellate Tribunals (‘ITAT’) is a final authority on facts. Drafting of appeals and also representation before Income Tax Tribunals requires sufficient and specific knowledge and exposure.

    Similarly, on question of law the appeal could be filed with Hon’ble High Court u/s 260A of the Act besides Writs of Mandamus or Writ of Certiorari. Further Appeal or Special Leave Petition (“SLP”) can be filed with Hon’ble Supreme Court of India

    ADC Legal renders services relating to drafting, consultancy and representation in appeals before Income Tax Appellate Tribunals and Higher Courts.

 

Indirect Taxes: There are various types of indirect taxes (both under Central and State laws) which a business/professional organisation is required to comply with viz. Excise Laws, Service Tax, Custom Duty, Central Sales tax and Value Added Tax (“VAT”) by state Government. A proper understanding of the applicable laws and structuring of compliance mechanism is essential to avoid any hardship in conducting business.

ADC Legal with its vast experience of business practices in India can guide you and help in set up the compliance environment.

Professional Misconduct cases under the Chartered Accountants Act, 1949 : ADC Legal specializes in professional misconduct cases and helps in drafting of complaints/reply thereof before Disciplinary Directorate headed by an officer of the Institute designated as Director (Discipline).

On receipt of any information or complaint the Director (Discipline) arrives at a prima facie opinion on the occurrence of the alleged misconduct. Where the Director is of the opinion that a member is guilty of any professional or other misconduct mentioned in the First Schedule, he shall place the matter before the Board of Discipline and where the Director is on the opinion that  a member is guilty of any professional or other misconduct mentioned in the Second Schedule or in both the Schedules, he shall place the matter before the Disciplinary Committee. Any member of the Institute aggrieved by any order of the Board of Discipline or the Disciplinary Committee may within ninety days from the date on which the order is communicated to him, prefer an appeal to the Authority.

ADC Legal helps you in making written or oral representation before Board of Discipline or Disciplinary Committee and Appellate Authority under the Chartered Accountants Act, 1949 read with the Chartered Accountants Regulations, 1988.

Setting up an Information Technology Company or outsourcing Company in India:- India is an important hub for outsourced software development, information  technology services and other  knowledge process outsourcing activities. ADC Legal  has a wide experience and can help clients in :-

 

  1. Setting up information technology company or the KPO / LPO in India;
  2. Compliance under direct;
  3. Compliance under indirect taxes;
  4. Securing leasehold rights or ownership of the property;
  5. Formulating Salary and other reward policies for the employees;
  6. Selection and appointment of CEO, CFO and other key employees to run the organization; and
  7. Performance review and MIS report compilation.

 

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