WHO WE ARE
Sharma & Sharma (Advocates & Legal Consultants) is a full service law firm. It was established in 2006 with offices in Kolkata, New Delhi and Mumbai with associate lawyers, chartered accountants, and company secretaries in most major cities of India, with substantial representations in employment (Labour law & Service Law), transactional, Real estate, insolvency matters particularly related to Insolvency & Bankruptcy Code, 2016, Company matters and numerous litigation and arbitration matters. This network of alliances gives the benefit to the clients of a single window service provider, to deal with all kinds of matters across the country under one umbrella. The Head Office of the firm is in Kolkata conveniently located near to the Calcutta High Court.
The firm’s vision is to provide prompt feasible solutions to the clients and with its efforts to be universally recognised as a full service law firm. The firm’s mission is to provide dedicated, efficient, commercially sound and result oriented solutions to our Clients.
The firm believes in the importance of partners’ involvement and accessibility to its clients. It also ensures that the clients are kept well informed of industry developments on a regular basis.
Corporate and Commercial Law
In the dynamic world of business, where commercial enterprises seek to leverage products, technology and customers, we make available the best opportunities within the legal framework of the country, while rendering services in creating and operating Joint Ventures, Technology Transfer/Collaboration and Strategic Alliances by assisting through our following services:
- Due diligence and feasibility analysis of probable collaborators;
- Negotiating and structuring Joint Venture terms & contracts;
- Drafting of joint venture, technology transfer, collaboration, trade mark license agreements;
- Compliance with all applicable laws and regulations;
The firm keeps itself abreast with all the developments and changes made in the Foreign Direct Investment (FDI) policy from time to time.
The firm has a deep understanding of the economic and legal systems to efficiently provide specialized advisory in the following areas:
- Advice on Foreign Direct Investment in India;
- Setting up of a business unit in India like Company, Branch Office, Liaison Office;
- Advising and drafting of various agreements such as joint venture agreement, shareholders’ agreements, share purchase agreements, trade mark license agreements, memorandum and articles of association of a joint venture company;
- Tax planning to limited extent with respect to setting up a business in India;
- Advisory services on pre and post set up compliance with the regulatory and legal framework.
The firm offers Capital Market Advisory services in formation, structuring and implementation of financing strategy for determination of the most appropriate capital structure, determination of the debt/equity structure and providing services related to:
- Bonus Issue & Rights Issue;
- Preferential Allotment;
- Debt Issues;
- Loan Syndication from banks/financial institutions.
With regard to advisory and assistance in structuring and regulatory matters related to Equity Placements, Rights Issues, debt raisings issues, the Firm provides detailed assistance in:
- Drafting and vetting of legal papers/ offer letter/ memorandum of understanding/ agreements in the process of bringing out abovementioned issues;
- Carrying out due diligence as a risk containment measure;
- Liaison and coordination with various regulatory authorities such as SEBI, local stock exchanges, registrar of companies and merchant bankers;
- Pre/post issue compliances pertaining to various applicable statutes.
The firm provides consultancy and implementation route for strategy formulation and implementation for companies and stakeholders, conducts due diligence, drafts relevant agreements and schemes, including taking approval for the scheme of arrangement or reconstruction from the relevant court of law or the designated authority for the purpose. The firm deals in the following areas of corporate restructuring:
- Amalgamation, mergers, de-mergers and reverse mergers;
- Acquisitions & takeovers;
- Reorganization of capital;
Liaison and coordination and obtaining approval for the same as and when required by various government bodies such as:
- Registrar of Companies;
- National Company Law Tribunal
- Official Liquidator;
- Regional Director, Ministry of Company Affairs;
- Securities & Exchange Board of India;
- Stock Exchanges.
The Corporate Law Division of the firm caters to national and international clients for incorporation of business entities within and outside India, including public and private limited companies and Special Purpose Vehicle companies. The firm’s Corporate Team provides assistance in maintenance of all the secretarial and other related records of a company. The firm offers a full-range of comprehensive services that include:
- Taking approval for the propose name of the company from ROC;
- Drafting of Memorandum of Association (MOA) and Articles of Association (AOA) of the company;
- Liaison with the Registrar of Companies (ROC) concerned and removing any objection that may be raised by the ROC;
- Procurement of Certificate of Incorporation of the Company.
Domestic & International Arbitration
At Sharma & Sharma, we provide a complete range of services in the field of both International Arbitration and Domestic Arbitration.
We provide services including advisory and counsel in a variety of complex and high-value Indian arbitrations and international arbitrations including shipping, international trade, insurance, banking, EPC Contracts, employment issues etc.
- Charter parties (time and voyage.); cargo claims relating to a wide range of issues, including short landing, quality, damage, contamination, title, demurrage, off-hire, unsafe port/berth, re-delivery and withdrawal claims; and related trade financing issues arising from bills of lading, letters of credit, etc.
- Banking, finance, investment funds, and general corporate commercial disputes
- Commodities, natural resources, and the international sale of goods and services
- Construction, infrastructure, and civil and/or marine engineering
- Power and energy, with a particular emphasis on offshore oil and gas matters
- Shipping and marine insurance
- Bilateral investment treaties and foreign investment disputes
We also advise in maritime and international trade arbitrations both adhoc and arbitrations administered by the ICC, SIAC, SCMA, LMAA, FOSFA, GAFTA and ICA. We draft various pleadings including Statement of Claim, statement of Defence, Witness Statements, opening submission and closing submission etc.
Insolvency and Bankruptcy Law
The enactment of Insolvency & Bankruptcy Code, 2016 has completely overhauled the existing statutory framework in India and has made the entire corporate insolvency resolution process, a time bound process.
At Sharma & Sharma, we offer complete range of services including advisory and representation before both Adjudicating Authority and Appellate Tribunal, as well as before Hon’ble Supreme Court of India and High Courts.
We provide advisory services and representation to our Clients including Financial Creditors, Operational Creditors, Corporate Debtors, Resolution Applicants, CoC, Resolution Professionals, Liquidators etc.
Our firm associates are registered Insolvency Professional and have been independently involved in several high-stakeCompany matters related to the Companies Act, 1956, Companies Act, 2013 and the Insolvency and Bankruptcy Code, 2016, and are regularly appearing before the Hon’ble NCLT, Kolkata Bench, PrincipalBench(New Delhi) and also at NCLAT, NCLT (Bengaluru Bench, NCLT Guwahati Bench, Allahabad Bench, Hyderabad Bench
POWER & ENERGY
Sharma & Sharma provides advisory and litigation services on loan, insurance and guarantee, joint venture, counter-guarantee documents, maintenance agreements, environmental compliance, memorandum of understanding and related agreements.
We also provide assistance and services to Clients in negotiating and drafting the project documents, EPC Contracts, O&M Contracts, Concession Agreements, Security Documentation, Power Purchase Agreements, Fuel Supply Agreements, Land Agreements, Construction Agreements, Implementation Agreement, BOOT Projects and Production Agreements.
We at Sharma & Sharma provide legal assistance at every stage of the project covering legal, compliance, documentation, negotiation and dispute resolution issues.
Sharma & Sharma provides legal assistance from the inception of the existence of dispute in all laws and regulations related to labour and employment, industrial relations including enactments such as Industrial Dispute Act, 1947, Trade Union Act, 1926, Minimum Wages Act, 1948, Payment of Wages Act, 1936, Factories Act, 1948, Payment of Bonus Act, 1965, Equal Remuneration Act, 1976, Payment of Gratuities Act, 1972, Workmen’s Compensation Act, 1923, etc.
We provide full scale advisory and litigation services including drafting the framework of employment agreements and policies, handling ESOP, terminations, handling grievance and disputes, harassment, lay-offs, disciplinary proceedings, employees’ rights, employment and service contracts, safety legislation, framework of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, statutory benefits and trade disputes, assist in wage and hour issues, interpretation of work rules, grievances and industrial disputes under the labour laws, draft appointment letters, offer letters for consultants, termination agreements, non-compete agreements, non-disclosure agreements, confidentiality agreements, assisting and representing Clients in disputes under employment laws relating to employment benefits housing, group insurance (health, dental, life etc.), disability income protection, retirement benefits, social security, Draft legal notices on behalf of companies as well as employees with respect to employment, Represent clients in industrial relations matters such as strike, lockout, retrenchment, settlement, closure of establishment etc.; conditions of employment such as transfer, promotion, increment, industry-cum-region basis payment, bonus etc.; termination of service matters such as discharge simplicitor, dismissal by way of punishment, Draft original suits and petitions, interlocutory applications, criminal complaints, legal notices, consumer complaints and complaints relating to monopolistic and restrictive trade practices.
We also provide diligence services on compliance check and render opinion on employment related issues.
Sharma & Sharma provides legal assistance in maritime matters developed through their involvement with the maritime industry. We understand and appreciate the complexities and the urgencies in which an application of arrest is required to be moved in Court. Our team members Sreenita and Arjun have experience in dealing with matters in the area and we are able to move swiftly to seek appropriate orders. As reinforced by sucg experience, our maritime practice includes coverage of all of the traditional admiralty matters.
Our services include:
- Arrests and/or attachments
- Cargo claims
- Charter parties
- Collisions, allisions, groundings
- Limitation of liability proceedings
- Personal injury and death
- Port state control and other regulatory matters
- Pollution claims and environmental defense
- Oil Spill Liability Trust Fund (OSLTF) claims
- Natural Resource Damage Assessment (NRDA) claims
Marine insurance claims, including protection and indemnity, hull and machinery, and freight demurrage and defense.