Why Us

M&A’s have become an integral part of the Indian economy. Based on the growth indicators and the big ticket deals that have been witnessed in the Indian economy the M&A are likely to increase in the near future. M&A transactions require intense team work with focus on structuring of regulatory compliance and tax efficient model and execution of the same in the time bound manner.

MHALegal team has exceptional knowledge about the M&A transaction and experience of handling various big ticket transactions. Our team can provide support in undertaking:

• Structuring of M&A transaction keeping in mind the business requirement and the tax and regulatory efficiency
• Undertaking legal, tax and regulatory due diligence on the companies to assess the health of the company and the red flags they may need to be dealt with the new management.
• Assistance in regularization of any non-compliances that may impact the M&A transaction or effect the right of the seller /acquirer.
• Assistance in preparation of legal and other documentation for obtaining court approval in case of mergers, with complete handholding of the each step of the merger.
• Drafting/ vetting of any MOU/ Contracts, including Share Purchase Agreement, Shareholders Agreement, Non-Disclosure Agreement, Key managerial personnel’s Agreement, employment agreement and all applicable documents as may be required.
• Assistance in undertaking post merger compliance, management and employee integration etc.

Corporates in India across all industries are navigating through evolving and diverse regulatory compliance requirements, stakeholder expectations, and business model changes. While the compliance requirements are changing rapidly, the companies are challenged to comply with the law of the land while also increasing shareholder value and protecting their brand. These challenges are acute in highly regulated industries such as telecom, financial services, health care, and life sciences where the compliance agenda has evolved beyond mere compliance to include strategic issues such as:

• Predicting the impact of emerging regulations on strategic direction, business model and compliance/risk management processes and systems
• Determining the right compliance roles and accountabilities between legal, compliance and business functions
• Driving compliance culture change across functions and teams
• Managing through crisis and remediation in more complex and diverse environments
• Developing integrated compliance capabilities to better anticipate global trends, increase efficiency, and participate in the evolution of the company’s core strategies

MHA legal brings deep regulatory experience and know-how to help companies and their compliance functions build the vision, strategies, capabilities and reporting. our professionals also include former regulators or in related regulatory-related roles. Our team can help you:

• Undertaking review of compliance and risk and program strategy, governance and program design;
• Developing efforts to embed compliance priorities into the culture of the organization;
• Designing integrated compliance manuals
• Developing risk strategies and frameworks across compliance, regulatory, financial, and technology risk landscape.
• Create a strategy for complying with ever-increasing central, state level and local regulations with transparency requirements.
• Create and support the operations of global third party risk and compliance management

We can help advising on all the spheres of compliance and thus protecting the interest of the company

Sector regulators are considering regulatory defaults on a serious note which may impact the business, shareholder confidence and brand value of the company. In the diverse compliance requirements, Companies may need to assess the compliance requirements prescribed by Reserve bank of India, Ministry of Commerce and Industry, Department of Pharmaceuticals, Ministry of Health and Family Welfare, Ministry of Mines, Department of Telecom etc. depending upon the business of the Company. Some common instances are:

• Any non-compliance with Foreign Direct Investment Policy, Foreign Exchange Regulations may trigger penalty upto 300% of the amount involved. Non filing of form, return also considered as contravention
• Companies Act, 2013 laid down severe penalty in case of non-compliance with personal liability of Directors. Penalty may increase up to Rs. 2.5 million or imprisonment for a period of 3 years or both on the company and all Directors of the company severally.
• Non-compliance with OSP regulations including non-filing of return can result in withdrawal of telecom services / monetary penalty.
• Any non-compliance with the terms of license may result in cancellation of License resulting in complete cessation of business.
• Any non-compliance with the Environmental Laws will result in cancellation of License resulting in complete cessation of business.
• Any non-compliance with the applicable labour laws may result in monetary penalty / imprisonment of Directors.

MHA legal brings deep regulatory experience and know-how to help companies engaged in Trading and Ecommerce, Financial Services, Manufacturing, Food Processing, Consumer goods industries with the sector specific compliances and their compliance functions. We can help the company to build the strategies, compliance program and reporting.

Regulatory authorities are taking proactive steps in undertaking investigation on the companies for the alleged non-compliances, which may also include investigation on investment routing, tax planning, multilayer structuring, investment in prohibited sectors, non-payment / receipt of import payables / export receivables, other transactions related to inflow or outflow of foreign exchange.

MHA legal can help to make appropriate response to the notices received, obtaining necessary clarification and appearing before the regulatory authorities to represent and protect the interest of the Company and to get the investigation concluded in the time bound manner. Our professionals also include former regulators or in related regulatory-related roles.

MHALegal has experience in a range of commercial contracts and has drafted & negotiated numerous agreements including but not limited to:

• Distributorship Agreement,
• Service ProviderAgreement,
• Non-DisclosureAgreement,
• Employment Agreement,
• Consulting Services and RetainerAgreement,
• Lease & License Agreement,
• Supply Purchase Agreement,
• Share Purchase Agreement,
• Shareholders Agreement,
• Technology transfer Agreement,
• Technical know-how transfer Agreement,
• Licensing Agreement,
• Agency Agreement,
• Franchisee Agreement,
• Distributorships Agreement,
• Business Process Outsourcing
• IT enabled services agreement,
• Collaboration Agreement,