Our securities lawyers regularly advise clients on complex domestic and cross-border acquisitions of listed companies involving mandatory public offers, block deals and bulk deals, and delisting of listed companies from Indian stock exchanges. We also advise clients on a variety of intricate issues under Indian securities laws, including insider trading, fraudulent practices, corporate governance and compliances with listing regulations. Our team is well equipped to advise clients on obtaining registrations with the Securities and Exchange Board of India under various securities laws.

Other Practice Areas:

• 1.Secretarial Compliances
• 2.Securities
• 3.Insolvency & Restructuring
• 4.General Corporate
• 6.Securities
• 7.Insolvency & Restructuring

firm supports businesses, creditors, and stakeholders within the intricate Insolvency and Bankruptcy Code (IBC) framework. Our dedicated legal experts are apt at finding opportunities and managing challenges under the IBC, offering a spectrum of services that drive financial recovery and corporate rejuvenation. Our firm has extensive expertise in the Corporate Insolvency Resolution Process (CIRP) and representation, offering adept guidance to creditors and corporate debtors. We advise our clients throughout the insolvency process, starting from the pre-insolvency stage or during the corporate insolvency resolution process (advising the committee of creditors or the resolution professional), to acquisition of the stressed asset via an insolvency process. We conduct comprehensive legal and due diligence, enabling clients to make informed decisions on acquisitions, investments, and restructuring. We can also assist our clients in designing and implementing effective restructuring and turnaround strategies while also providing transaction advisory services, protection of creditors’ rights, and expert representation in IBC-related litigation. For corporate entities seeking a smooth exit strategy, we provide guidance on voluntary liquidation processes and assist clients in adhering to statutory requirements, managing creditor interests, and efficiently winding down operations legally and cost-effectively. We offer legal representation to Resolution Professionals (RP) to ensure the clients comply with legal proceedings and safeguard the interests of all stakeholders involved. Further, we offer seasoned professionals who can act on behalf of RPs. We assist creditors in preparing and submitting proof of claims, helping them secure their rightful share of assets in the resolution process. We are committed to delivering strategic advisory services that empower our clients to confidently navigate the complexities of the IBC landscape, ensuring they seize every opportunity for growth while adhering to evolving legal requirements.

Other Practice Areas:

• 1.Secretarial Compliances
• 2.Securities
• 3.Insolvency & Restructuring
• 4.General Corporate
• 6.Securities
• 7.Insolvency & Restructuring

Companies Act, 2013 provides the legal framework for a company to register and function in India. Compliances, as prescribed in the Act, are comprehensive in nature with stringent provisions and penalties in case of non-compliance. Our secretarial department provides wholesome solution for all compliance related requirements of Companies Act, 2013. Our secretarial services include:

Annual Compliances

Compliances for a company as required by Companies Act, 2013 includes:

• 1.Filing of Annual Accounts (AOC-4) & Annual Return (MGT-7)
• 2.Filing of Cost Audit Report (CRA-4)
• 3.Filing of Form for Appointment of Auditor (ADT-1)
• 4.Return of Deposits (DPT-3)
• 6.MSME-1 on half yearly basis
• 7.Conducting Board Meetings at specified intervals
• 8.Conducting Annual General Meetings
• 9.Resolution for various activities

Apart from the above compliances, there are specified provisions and restrictions with respect to acceptance of deposits, related party transactions, appointment of auditors, etc.

At Batatawala & Associates, all the data regarding compliance status of the companies, resolutions passed, board meeting conducted and other relevant details are maintained in systematic manner and reviewed to ensure that all our clients are 100% complied with the requirements of the Companies Act, 2013. Through an automated tracking mechanism, we ensure that all the filing requirements of our clients are met well within time, to avoid any late fees or penalties.

Mergers & Acquisition (M&A)

A company is a separate legal entity from its members and has a perpetual succession. It is not uncommon for a company to change hands, acquire or be acquired by or merge its operations with another company. Section 230-232 of the Companies Act, 2013 read along with The Companies (Compromises, Arrangements, and Amalgamations) Rules, 2016 governs the process of merger, amalgamation and acquisition in India. A company may opt for Merger & Acquisition (M&A) for reasons such as:

• 1.Expansion and Diversification
• 2.Optimum Economic Benefit
• 3.De-risking Strategy
• 4.Increase the Market capitalization
• 5.Increasing the efficiencies of operations
• 6.Tax benefits
• 7.Access foreign markets
• 8.Change in Ownership

Our M&A Advisory Team assist the companies in Merger & Acquisition process by:

• 1.Identifying opportunities for mergers, de-merging or restructuring of operations;
• 2.Due Diligence
• 3.Evaluating and advising on various mechanisms of mergers from secretarial, taxation, commercial and operational point of view.
• 4.Assisting the company in the process of merger such as obtaining approval from creditors, passing necessary resolutions, amendment in Memorandum of Association and conducting shareholders meeting
• 5.Filing of necessary forms
• 6.Drafting and approval of Scheme of Arrangement