Corporate

Hariani & Co. has an extremely active and competent corporate practice, advising and acting for clients on a wide range of corporate and commercial law issues.

The firm’s expertise in this practice area includes:

  • Advising companies on the legal and regulatory aspects of doing business in India
  • Advising on various corporate governance issues, including the formation of companies and regulatory compliances
  • Advising on foreign investments by and into Indian companies
  • Advising companies on and drafting various general commercial agreements, such as employment agreements, consultancy agreements, confidentiality agreements, services agreements, escrow agreements, software development agreements, tender documents etc.
  • Advising companies on raising corporate finance, including on equity issues and share transfers and allotments
  • Advising on securities law issues
  • Assisting companies with mergers and acquisitions
  • Acting for companies and parties involved in corporate disputes, including in domestic and international arbitration proceedings, as well as proceedings before various Indian courts and tribunals
  • Representing clients before securities tribunals

Corporate Governance

Hariani & Co. regularly advises companies on their legal, regulatory, operational and compliance issues and represents clients in corporate governance related disputes, including disputes among joint venture partners, shareholder disputes, minority actions etc. More specifically, the firm:

  • Advises on the incorporation of companies in India
  • Assists clients to structure and set up operations in India
  • Advises companies on investments and the formation of subsidiaries abroad
  • Advises domestic and foreign clients on setting up joint ventures in India and overseas, including on the inter se rights of parties, and assists clients with this process
  • Advises companies on and assists with the drafting of various corporate documents
  • Advises companies on an ongoing basis on operational issues, including issues relating to board meetings, shareholders' meetings, directors' rights and duties etc.
  • Advises companies on corporate compliance issues
  • Liaises with various regulatory authorities
  • Advises companies on share transfers and allotments
  • Acts for companies, shareholders and directors involved in corporate governance-related disputes

Mergers and Acquisitions

Hariani & Co. advises on both routine and innovative M&A structures. The firm has represented several major investment banks and large corporations setting up operations in India. The firm:

  • Advises on various structuring issues involved in M&A deals, including determining the type of Special Purpose Vehicle (SPV) to be created, the jurisdiction in which to locate the SPV, the type of instruments etc.
  • Performs legal due diligence, with an industry-specific focus (including performing due diligence on the SPV and its assets)
  • Assists with drafting and reviewing documentation including term sheets, definitive agreements, non-compete agreements, non-disclosure agreements, escrow agreements, stock swap agreements, employment agreements etc.
  • Works with investment banks and accountancy practices to render seamless services to clients
  • Advises on legal and compliance issues related to corporate law requirements, the Securities and Exchange Board of India (SEBI) Takeover Code and other securities laws, listing and regulatory requirements, government approvals and statutory filings

Private Equity

As a full service firm, Hariani & Co. is able to represent clients both entering into and exiting from private equity investments. The firm has represented both Indian and international clients making private equity investments into India, and can guide clients through the numerous legal issues surrounding private equity in India, including by:

  • Representing developers obtaining private equity funding
  • Advising on and assisting with the structuring of SPVs for private equity investments
  • Advising on foreign private equity fund investments into companies and SPVs
  • Representing developers on share issues to allow the exit of private equity funds
  • Advising on issues related to the SEBI Takeover Code and other securities laws, listing and regulatory requirements and government approvals