Corporate
DMD Advocates has a large corporate transactional and advisory practice. We have represented multi-national clients and Indian businesses in a number of simple to complex transactions and have been retained by our clients for on-going advisory work. We pride ourselves in not just being transaction-based law firm but in acting as general counsel for multiple clients who have entrusted us the task of actively being engaged in their day-to-day business and assist the management team maneuver through difficult and complex business issues.
Investment Fund Structuring and Formation – Onshore and Offshore Funds
- Onshore & Offshore structuring and formation of funds in India and overseas;
- Structuring AIFs - Category I to III;
- Structuring Feeder Funds;
- Formation of Funds;
- Formation of Sponsors/ Investment Manager;
- Drafting applications for regulatory approvals and liaising with regulatory authorities;
- Drafting offer documents for raising of investments into funds;
- Structuring incentives and sharing of the ‘carry’ for fund managers & research analysts;
- Assisting in structuring and setting up Advisory and Asset Management companies; &
- Assisting with structuring investments in Investment funds from institutional investors and issues related thereto.
Investment Related Activities
- Representation of funds, either alone or as lead members of a syndicate;
- Structuring Investments in Portfolio Companies;
- Due Diligence of prospective investee companies and targets;
- Negotiation assistance from term sheet stage till closing;
- Assisting in downstream investments;
- Advising investee companies on issues relating to receiving investment;
- Negotiations & drafting of transaction documents;
- Advising on ongoing activities of portfolio companies;
- Assistance with exit strategies and implementation thereof; &
- Documentation & overall transactional support, including working closely with regulators like the RBI, SEBI and the Foreign Investment Facilitation Portal (FIFP).
- ROCs - Registrar of Companies
Advisory and representation before various benches of National Company Law Tribunal (NCLT) in relation to:
• Mergers
• De-mergers
• Business Sale / Slump Sale
• Strategic acquisitions
Advising in relation to restructures include:
• Migration of existing investments to Special Purpose Vehicles under a business structure umbrella.
• Financing and Re-financing companies within a group by issuance of NCDs / other structured finance instruments among group members.
• Scheme of amalgamation and other means of arrangements.
• Liquidation and divestments.
- Advising on acquisitions/take-overs triggered under the SEBI Takeover Code, compliances, engagement with regulators, working in parallel with investment bankers.
- Extensive due diligence exercises and legal audits of regulatory compliances.
We have significant experience working with multiple clients on a broad range of matters including advisory and dispute resolution under the Insolvency and Bankruptcy Code (IBC). Illustrative experience includes:
- Representing stakeholders on insolvency matters before the Resolution Professionals, NCLT, the National Company Law Appellate Tribunal (NCLAT), and the Supreme Court of India.
- Acting as legal counsel to the corporate debtors, creditors, and resolution applicants.
- Negotiating on behalf of corporate debtors for successful settlement of disputes with creditors.
- Undertaking legal diligence on companies undergoing corporate insolvency/ liquidation.
- Assisting resolution applicants in structuring proposed acquisitions, drafting resolution plan, and assisting with the bidding process including making appropriate representations before the relevant NCLT.
- Advisory and support services for resolution plan implementation.