M & A PRACTICE
The counsels of FIGBIRD CONSULTANTS advise on various transactional issues relating to Mergers & Acquisitions in various sectors and industries like Real Estate, Pharmaceutical, Telecom, Textile, Sugar and Dairy business etc. Our key services includes
- Pre and Post Compliance issues under various statutory acts;
- Providing roadmaps to mergers and giving timely checklist of compliances;
- Conducting Due Diligence- Analyzing the financial health of the company and suggesting pragmatic approach to mitigate the risks in case of mergers, amalgamations and acquisitions;
- Preparation of Schemes of Arrangement, Reconstructions and Demergers;
- Capital & Debt restructuring, buy-back of securities & reduction of capital;
- Solving issues in relation to Sick Industrial units;
- Advising on issues in relation to Taxation and Stamp Duty aspects;
- Liasioning with Governmental and semi governmental organizations (Official Liquidator, Regional Director, Ministry of Corporate Affairs and Registrar of Companies etc.) during the time of Mergers and Amalgamations;
- Issues relating to Transfer of licenses during the course of merger;
- Filing and appearing in Applications, Petitions for sanctioning of amalgamations before various High Courts etc.
Another substantial practice of FIGBIRD CONSULTANTS is handling cases relating to oppression and mismanagement disputes before the Company Law Board and appellate jurisdiction in High Court and Supreme Court of India. This portfolio of service includes both pre-litigation advises on options as well conducting cases on behalf of clients before various forums in India. The associates of FIGBIRD CONSULTANTS have a vast experience in management of litigation across sectors and forums. In fact the counsels of FIGBIRD CONSULTANTS have handled a number of cases concerning the disputes amongst shareholders, creditors and the company. In most of the contentious disputes concerning shareholders, creditors and company the counsels of FIGBIRD CONSULTANTS have implemented the arbitration procedure as a mechanism for settling the disputes expeditiously. To name a few, our key services includes:
- Drafting, filing of petitions in the Company Law Board etc.
- Appeals arising out of the orders of tribunal filed in High Court and Supreme Court.
- Regular First Appeals, Revision Petitions and Letters Patent Appeal.
This portfolio includes Conducting Due Diligences, Conducting Labour Law Audits, providing Labour law compliance certificates, Providing timely checklists to the Client, Issue of Appointment Letter to a new appointed employee, Preparation of monthly Salary Register, Preparation of Monthly Attendance Register and Disbursement of monthly salary slips/ wages slips
This service also extends:
Maintenance & Submission of Various Returns under E.S.I. Act- Register No. 7 (ESI Regulation No. 32) Monthly Basis; Filing Form No.6 (Half-yearly Return); ESI Declaration Form-1 (Regulation 11 & 12); Form No. 3 (Regulation 14); Form No. 1-A (Annual Return); Monthly ESI Challan and Correspondence/Liaison with ESI Department.
Maintenance & Submission of Various Returns under EPF Act - Submission of Form No.2 (Nomination form at the time of appointment of an employee); Form No.9 to be submitted along with Form No. 2; Submission of Form No. 5a (i.e. the Ownership return); Preparing monthly P.F. Challans; Form No 5 & 10 at the time of appointment and resignation of employee; Form No.11 which is very much necessary for those who exempted from deduction of EPF; Form 12 A every month; Filling of Annual Returns & their assessments in the form of Accounts Slip and Filling of all relevant Documents at the time of the resignation of the employee.
Discuss the tax issues with the statutory auditor of the company at the end of the every financial year.
Maintenance of Registers under Shops And Establishments Act- Register of Employment – Form XXII ; Register of Wages - Form XXIII ; Register of Leave – Form XXV; Register of Advances of wage; Register of deductions for the damage or loss caused to the employer by the neglect or default of employees- Form XI; Register of fines-Form X.
Maintenance of Registers under Employees State Insurance Act- Bound Inspection Book; Accident Book (form15); Register of Employees (form 7) and Attendance Register
Maintenance of Registers under the Minimum Wages Act- Register of Fines (Form 1); Register of Over Time (Form IV); Register of Wages (Form X); Wage slip (Form XI) and Muster Roll (Form V)
Maintenance of Registers under the Payment of Wages Act- Register of Payment of Wages; Register of Advances and Register of Fines.
Other Services- Visit during any physical inspection from the Govt. Dept; Guidance about Changes in Labour Laws; Balance Sheet Guidance; Filling of withdrawal forms of employees at the time of their Resignation from the job; Providing Notes and Legal Opinions on various issues relating to the Corporate and Economic Laws;
Massive influx of workforce in the Service sector has resulted in slow implementation of Industrial Labour laws. We have in-depth study of the total spectrum of the Industrial labour laws and hence are able to provide comprehensive legal services encompassing all aspects of employment in India including industrial relations. Our team advises on the following areas:
- Drafting of employment claims / contracts / compliance with obligatory employment law and national collective agreements
- Review of terms of employment / Termination of employment contracts and severances
- Non-disclosure agreements
- Stock option/Long-term incentive plans for senior executives and employee incentive schemes
- Industrial and labour issues related to Gratuity, Provident fund, State insurance etc.
- Employment of expatriates
- Collective redundancies
- Disputes between employees and employers