Business companies have a similar set of legal characteristics in all countries, and they face a fundamentally similar set of legal difficulties. The essential legal characteristics of a commercial organization are legal personality, limited liability, transferable shares, delegated management under a board structure, and investor ownership. These characteristics are a result of the economic demands of a large modern corporation. As a result, corporate law must provide for them everywhere by necessity. Almost every large corporation has a legal structure that integrates all five of the business corporation’s core characteristics. Most small jointly-owned enterprises adopt this corporate form as well; but, to satisfy their specific needs, they may diverge from one or more of the five basic criteria.
Key Areas Under Corporate Law:
Our team of distinguished corporate lawyers in Gurgaon deals in the following areas of corporate law:
- Companies Law;
- Competition Law;
- Arbitration Law;
- Banking & Finance;
- Mergers and Acquisitions
- Private Equity;
- Securities Law;
- Venture Capital;
- Intellectual Property Rights;
- Aviation Law;
- E-Commerce Laws;
- Foreign Exchange Laws
- Insolvency and Bankruptcy;
- Real Estate Laws;
- Labour and Employment Laws.
For corporations and stockholders alike, the external environment in which they operate has become increasingly complex over the last few years. Raised regulatory requirements placed on businesses in recent years have increased the costs and complexity of overseeing and managing a company’s operations, as well as introducing new operational, regulatory, and compliance difficulties. Furthermore, many Indian businesses have a global presence; they communicate with investors, suppliers, customers, and government regulators all over the world, and they do so in an age where immediate communication is the standard.
Fundamental changes in shareholder involvement, which has become a core and crucial topic for companies, their boards, managers, and investors in the early twenty-first century, have also formed the contemporary climate. In recent years, corporations have engaged in unprecedented levels of proactive interaction with their large shareholders. Many institutional investors have also stepped up their engagement activities, devoting large resources to governance concerns, corporate outreach, voting policy development, and examination of proposals on their portfolio firms’ ballots. Furthermore, general levels of shareholder activism are at all-time highs, putting enormous pressure on targeted corporations and their boards of directors.
The law firm believes that the responsibility of shareholders extends beyond disclosure. We perceive a growing belief that further shareholder empowerment is impossible without some accountability for the purpose of long-term value development for all shareholders. Moreover, we believe that shareholders should not use their investments in Indian companies for purposes that are not in keeping with the purposes of for-profit public enterprises, including but not limited to the advancement of personal or social agendas unrelated and/or immaterial to the company’s business strategy.
We at The Law Codes believe that this concept of shareholder responsibility and accountability will—and should—become an integral part of modern thinking relating to corporate governance in the coming years, and we look forward to taking a leadership role in discussions relating to these important issues.
Our Law Firm’s corporate lawyers in Gurgaon make sure that there is compliance with business rules and regulations by the company.
Our Best Corporate Lawyers take on the following roles:
- In-house Lawyer: Our corporate lawyers in Gurgaon are engaged by a company’s legal department to handle issues such as employment, policies, and regulatory affairs;
- Counseling of publicly and privately held companies: Our senior team of corporate lawyers in Gurgaon advises the company on subjects such as the issuance of securities, litigation guidance, and tax advice.
Meaningful and Effective Corporate Governance Practices:
- Within the framework of evolving legislation and stock market standards, companies have continued to adapt and refine their governance processes. India, we believe, has one of the world’s top corporate governance, financial reporting, and securities market regimes. These systems operate because they provide firms with not only a framework of laws and regulations that create baseline criteria but also the flexibility to develop customized practices that meet the needs of the company and to adapt those practices when conditions and standards change;
- For enterprises and stockholders alike, the external environment in which they operate has become increasingly complex over the last several years. Raised regulatory requirements placed on businesses in recent years have increased the costs and complexity of overseeing and managing a company’s operations, as well as introducing new operational, regulatory, and compliance difficulties. Furthermore, many businesses have a global presence; they deal with investors, suppliers, consumers, and government regulators all over the world, and they do so in an age where immediate communication is the standard;
- Fundamental changes in shareholder involvement, which has become a core and crucial topic for firms, their boards, managers, and investors in the early twenty-first century, have also formed the contemporary environment. In recent years, public corporations have engaged in unprecedented levels of proactive interaction with their large shareholders. Many institutional investors have also stepped up their engagement activities, devoting large resources to governance concerns, corporate outreach, voting policy development, and examination of proposals on their portfolio firms’ ballots. Furthermore, general levels of shareholder activism are at all-time highs, putting enormous pressure on targeted corporations and their boards of directors;
- Furthermore, today’s shareholders have stronger expectations for interaction with the board and management than previous generations of shareholders. These investors want a bigger say in the company’s strategic decisions, capital allocation, and overall corporate social responsibility, which have previously been solely the domain of the board of directors and management. Furthermore, some shareholder-driven efforts to change business strategies (for example, through spin-offs) or capital allocation strategies (for example, through share repurchase programmes) demonstrate that shareholder opinion has been heard in the boardroom in some situations. Some observers argue that shareholders are the ultimate owners of the corporation, therefore this increase in shareholder empowerment is appropriate. Others, on the other hand, wonder if activists’ goals are too focused on short-term corporate capital uses like share repurchases or special dividends. Regardless of the length of a shareholder’s investment horizon, capital allocation techniques focusing on short-term value may be perfectly suitable. When it comes to the proper use of capital for the company and all of its shareholders, the board of directors plays a totally distinct function. In particular, the board must constantly weigh long-term and short-term capital uses (for example, organic or inorganic reinvestment, returns to shareholders, and so on), and then determine the appropriate capital allocation in line with the company’s business strategy and the goal of long-term value creation;
- Our team of corporate lawyers in Gurgaon believe that in the years ahead, shareholder involvement will remain a crucial corporate governance problem for Indian corporations. Transparency is a basic but essential element here, as it is in many other areas of corporate governance—for example, in this “age of information,” a shareholder who wishes to influence corporate behavior should be encouraged to publicly disclose its identity and ownership, even if securities laws do not specifically require it. We believe that in the next years, this notion of shareholder responsibility and accountability will—and should—become an intrinsic element of modern corporate governance thought, and we look forward to leading debates on these vital concerns;
- In light of the evolving landscape affecting companies, our renowned corporate lawyers believe that these principles represent contemporary practical and effective corporate governance practices and it acknowledges that businesses, relevant regulatory regimes, ownership structures, and company investors all differ significantly. Although there is no straight-jacket formula to governance that will work for all companies, the ultimate measurement of successful corporate governance is the creation of long-term value, and it is critical that shareholders and other stakeholders understand why a company has chosen to use specific governance structures, practices, and processes to achieve that goal;
- As a result, businesses should disclose not only the sorts of practices they use but also the criteria they use to choose such practices. Accordingly, each company should look to the following principles as a guide in developing the structures, practices, and processes that are appropriate in light of its needs and circumstances.
Core Guiding Principles:
- The board of directors approves corporate strategies aimed at creating long-term value; appoints a chief executive officer (CEO); supervises the CEO and senior management in running the company, including allocating capital for long-term growth and assessing and managing risks; and sets the “tone at the top” for ethical behavior;
- Management sets and implements corporate strategy and runs the company’s operations under the supervision of the board, with the purpose of creating long-term value. Under the supervision of the board of directors and its audit committee, management prepares financial statements that fairly present the company’s financial condition and results of operations, as well as timely disclosures that investors require to assess the company’s financial and business soundness and risks;
- The board’s audit committee keeps and manages the outside auditor’s relationship, oversees the company’s annual financial statement audit and internal controls over financial reporting, and oversees risk management and compliance programmes;
- The board’s corporate governance committee takes the lead in creating the company’s corporate governance, tries to build an engaged and diverse board whose composition is suitable in light of the company’s needs and strategy, and action plans for the board’s succession;
- The board’s compensation committee develops an executive compensation philosophy, adopts and oversees the implementation of compensation policies that are consistent with that philosophy, creates compensation packages for the CEO and senior management to incentivize the creation of long-term value, and establishes meaningful performance-based compensation goals that support the company’s long-term value creation strategy;
- The board of directors and management should communicate with long-term shareholders about issues and concerns that affect the company’s long-term value creation. Shareholders who interact with the board of directors or management in a way that may influence corporate decision-making or strategy are encouraged to reveal adequate identifying information and to take some responsibility for the company’s and its shareholders’ long-term interests. As part of this role, shareholders should understand that the board of directors must consider both short- and long-term uses of capital when deciding how to deploy money in the most beneficial way for shareholders and for long-term value creation;
- In making decisions, the board may consider the interests of all of the company’s constituencies, including stakeholders such as employees, customers, suppliers, and the community in which the company does business when doing so contributes in a direct and meaningful way to building long-term value creation.
The Firm’s Best Corporate Lawyers in Gurgaon identify the company’s related issues and the difficulties that are indeed key to the success of the companies/corporations/organizations/businesses and provide an efficacious remedy to our clients. Our team of top corporate lawyers represents the clients before NCLT, NCLAT, High Courts, and the Supreme Court. Our dedicated team of the best corporate lawyers handles all the areas of Company Law. We have specialized services in the following areas:
- Representing the company in legal proceedings;
- Drafting internal company rules and regulations;
- Advising management on regulatory and compliance concerns
- Design and monitor the Company’s Policies;
- Prepare suitable legal documentation for Tribunal and Court proceedings;
- Corporate Social Responsibility;
- Related Party Transactions;
- Mergers and Acquisitions;
- Liquidation and Winding Up of Companies;
- Insolvency and Bankruptcy Proceedings.
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