Practice Area
Corporate & Business
Strategic legal counsel for businesses
NCLT benches across India
Company incorporation via SPICe+
FDI allowed in most sectors
Maximum IBC resolution timeline
Overview
Corporate and business law in India is governed primarily by the Companies Act, 2013, the Limited Liability Partnership Act, 2008, and a comprehensive framework of regulations enforced by the Ministry of Corporate Affairs (MCA), the Securities and Exchange Board of India (SEBI), the Reserve Bank of India (RBI), and the Competition Commission of India (CCI). At NyaySevak, our corporate law practice supports businesses at every stage—from initial incorporation and structuring through growth-stage compliance, fundraising, and strategic transactions to restructuring and winding up.
India's business environment has been transformed by regulatory reforms including the introduction of the Insolvency and Bankruptcy Code, 2016, the GST regime, the liberalization of FDI norms, and the push toward ease of doing business through initiatives like SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus). Our team stays current with every regulatory development to provide our clients with proactive, strategic counsel that minimizes risk and maximizes opportunity. We work with startups, SMEs, family-owned businesses, and large corporations across sectors.
Our corporate advisory practice extends beyond routine compliance to include complex commercial contract negotiation, joint venture structuring, mergers and acquisitions, private equity and venture capital transactions, FEMA compliance for cross-border investments, related party transaction governance, and corporate governance advisory under the SEBI LODR Regulations. We also represent clients before the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) in matters involving oppression and mismanagement, corporate insolvency, and company scheme approvals.
Governing Framework
Key Legislation & Statutes
What We Offer
Our Corporate & Business Services
Company Incorporation (Pvt Ltd, LLP, OPC, Partnership)
End-to-end incorporation services including entity structure advisory, name reservation, DSC and DIN procurement, SPICe+ filing, MOA and AOA drafting, GSTIN and PAN registration, and opening of corporate bank accounts. We help entrepreneurs choose the right structure based on their business model, funding plans, and compliance appetite.
MCA Compliance & Annual Filings
Ongoing statutory compliance management including preparation and filing of annual returns (MGT-7/MGT-7A), financial statements (AOC-4), board resolutions, appointment and resignation of directors (DIR-12), changes in registered office, increase in authorized capital, and all event-based filings with the Registrar of Companies.
Shareholder Agreements & Joint Ventures
Drafting and negotiating comprehensive shareholder agreements covering equity split, voting rights, anti-dilution protections, drag-along and tag-along rights, board composition, ROFR clauses, exit mechanisms, and dispute resolution. We also structure joint ventures with clear governance frameworks and profit-sharing arrangements.
Commercial Contracts
Drafting, reviewing, and negotiating a wide range of commercial contracts including service agreements, supply agreements, distribution agreements, franchise agreements, licensing agreements, NDAs, and SLAs. We ensure each contract is enforceable under the Indian Contract Act and protects our client's commercial interests.
Mergers & Acquisitions
Full-service M&A support including target identification, due diligence, valuation, deal structuring, share purchase and asset purchase agreement drafting, NCLT scheme applications, regulatory approvals (CCI, RBI, SEBI), post-merger integration advisory, and stamp duty and tax optimization.
FEMA & FDI Compliance
Advising on foreign direct investment regulations, sectoral caps, approval routes (automatic vs. government), downstream investment norms, external commercial borrowings, overseas direct investment, and reporting requirements under FEMA and RBI regulations. We assist with FC-GPR, FC-TRS, and other mandatory filings.
Startup Legal Support & Fundraising
Specialized legal support for startups including DPIIT recognition, term sheet negotiation, convertible note and SAFE documentation, ESOP structuring under Companies Act, angel tax exemption applications, and compliance with the Companies (Acceptance of Deposits) Rules.
Company Winding Up & Striking Off
Voluntary winding up under the Companies Act and IBC, striking off dormant companies through STK-2 applications, obtaining NOCs from regulatory authorities, managing creditor claims, and ensuring directors' compliance obligations are fully discharged before closure.
Jurisdictions
Relevant Courts & Forums
Quick Reference
Services at a Glance
Common Questions
Frequently Asked Questions
What is the difference between a Private Limited Company and an LLP in India?
A Private Limited Company is governed by the Companies Act, 2013, has separate legal entity status, limited liability, and can raise equity funding from investors. An LLP (Limited Liability Partnership) under the LLP Act, 2008 combines the benefits of a partnership's operational flexibility with limited liability protection. Key differences include: companies face higher compliance burden (board meetings, AGMs, statutory audits for all), while LLPs require audit only if turnover exceeds Rs. 40 lakhs or contribution exceeds Rs. 25 lakhs. Companies can issue shares and attract VC/PE funding; LLPs cannot issue equity to investors.
How long does it take to incorporate a company in India?
With the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) system introduced by MCA, company incorporation in India can be completed in 3-7 working days. The SPICe+ form integrates name reservation, incorporation, DIN allotment, PAN, TAN, GSTIN, EPFO, and ESIC registration into a single application. However, obtaining DSCs for directors, drafting the MOA and AOA, and preparing other incorporation documents typically requires 2-3 additional days of preparation.
What are the annual compliance requirements for a Private Limited Company?
A Private Limited Company must hold at least 4 board meetings per year (one in each quarter), conduct an AGM within 6 months of the financial year-end, file annual returns (MGT-7A) and financial statements (AOC-4) with the MCA, get accounts audited by a practicing Chartered Accountant, file income tax returns and GST returns, maintain statutory registers, and comply with various event-based filings. Non-compliance attracts penalties and can lead to director disqualification under Section 164(2) of the Companies Act.
Can a foreign company set up a business in India?
Yes, foreign companies can establish business in India through multiple routes: incorporating a wholly-owned subsidiary (most common), establishing a liaison/branch/project office with RBI approval, forming a joint venture with an Indian partner, or registering as a foreign company under Section 380 of the Companies Act. The choice depends on the business activity, FDI sectoral caps, regulatory requirements, and the level of control desired. Most sectors allow 100% FDI under the automatic route.
What is the Insolvency and Bankruptcy Code (IBC) and how does it affect companies?
The IBC, 2016 provides a time-bound process for resolving insolvency of companies and individuals. When a company defaults on a debt of Rs. 1 crore or more, creditors (financial or operational) or the company itself can file an application before the NCLT to initiate the Corporate Insolvency Resolution Process (CIRP). The CIRP must be completed within 330 days, during which a resolution plan is sought. If no viable plan emerges, the company goes into liquidation. The IBC has significantly improved India's insolvency resolution framework and creditor recovery rates.
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