Objective & Applicability

.All legal advisory services in the fields of employment and labour laws by expert legal professionals.

.Drafting and vetting various documents related to employment contract, termination letter, suspension letter and all such documents etc.

      .Advisory services related to appointment, Sexual harassment at workplace          and related issues, , transfer, and confidential reports, disciplinary action              and misconducts, Promotion, charge sheet, suspension,                                            Vigilance, Labour disputes, Industrial Disputes,Labour Court cases,                         Industrial  Tribunal cases.

Set-up a New Business

Choosing the entity

Choosing a business is very important and crucial as it is connected with growth strategy and flexibility. A business can be started and organized in various forms. Each form has its own pros and cons. The ultimate choice depends upon balancing the advantages and disadvantages of the various forms. The right choice is very crucial because it determines the capital requirement, scope, capacity, power, control, risk and responsibility of the entrepreneur as well as the division of profits and losses. Few factors that one should consider while making a choice of right business are: The nature of business is the most considerable factor. Direct services like Property Dealers, restaurants and professional services like doctors, lawyers, Chartered Accountants, Management Consultants are generally organised as proprietary concerns. While, businesses requiring pooling of skills and funds like accounting firms are better organised as partnerships. Manufacturing organisations of large size are more commonly set up as private and public limited companies. Information technology companies have been typically associated with private limited and more recently startups are going ahead with LLP. Size of business operations i.e. volume of business (large, medium, small) and size of the market area (local, national, international) served are the key factors. Large scale enterprises catering to national and international markets can be organised more successfully as private or public companies. Small and medium scale firms are generally set up as partnerships and proprietorship. Similarly, where the area of operations is wide spread (national or international), company ownership is appropriate. But if the area of operations is confined to a particular locality, partnership or proprietorship will be a more suitable choice. The level of control desired by the owner(s). A person who desires direct control of business, prefers proprietorship, because a company involves separation of ownership and management.

  • Amount of capital required for the setting up and running of a business. A partnership may be converted into a company when it grows beyond the capacity and resources of a few persons and may further comes up with an IPO (Initial Public Offer) later on.
  • The quantum of risks and liabilities as well as the willingness of the owners to bear it, is also an important consideration.
  • Comparative tax liability.

Our Services

  • BACC helps in selecting the type of legal entity and the area of operations to optimize business profits by comparing various parameters like legal status, tax liability, profit sharing, quantum of risk and liability, legal and statutory compliances, environmental factors and compliances, benefits and subsidies by government, area and nature of business, benefits of local areas etc.
  • Drafting of Project reports
  • Application for Bank Loan
  • Incorporation of a private limited company, appointment of directors, Issuing of Digital Signature Certificate (DSC)
  • Drafting and vetting of various legal documents including Memorandum of Association (MOA), Article of Association (AOA)
  • ROC compliances and returns
  • Tax structuring
  • Drafting and vetting of SHA(Shareholders Agreement), SSA (Share Subscription Agreement)
  • Financial Due Diligence for Joint Ventures, Private Equity, Take Overs, Amalgamation, Mergers and Acquisition etc

Public Limited Company

• A Public Limited Company is a Company limited by shares in which there is no restrictions on the maximum number of shareholders. It can offer its shares or debentures to Public and can make or accept deposits from Public and there are no restrictions on the transfer of shares. The liability of each shareholder is limited to the extent of the amount of shares subscribed. However, the liability of a Director / Manager of such a Company can at times be unlimited

  • Incorporation of a private limited company, appointment of directors, Issuing of Digital Signature Certificate (DSC)
  • Advisory services for Initial Public Offer (IPO) Drafting and vetting of various legal documents including Memorandum of Association (MOA), Article of Association (AOA)
  • ROC compliances and returns
  • Taxation services
  • Drafting and vetting of SHA(Shareholders Agreement), SSA (Share Subscription Agreement)
  • Financial Due Diligence for Joint Ventures, Private Equity, Take Overs, Amalgamation, Mergers and Acquisition etc.

LLP Registration in India (Limited Liability Partnership)

•LLP is catching momentum as it has very good mix of various policies and guidelines to suit startups, professionals and other services based companies. It offers protection of personal assets against company debts & liabilities and has lower compliance requirements. Other advantages includes

  • Stakeholders are not typically liable for corporate debts and liabilities
  • Higher tax savings. Profits distributed to stake holders are not subjected to double taxation
  • It has perpetual succession. Partners can be changed at any point and the company continues to exist
  • Low setup costs

Our Services Includes

  • Registration of LLP
  • Drafting and vetting of LLP Agreements
  • Taxation Services
  • Preparation of annual returns

Registration of NGO / Charitable Trust / Section 25 Company in India

• LLP is catching momentum as it has very good mix of various policies and guidelines to suit start-ups, professionals and other services based companies. It offers protection of personal assets against company debts & liabilities and has lower compliance requirements. Other advantages includes: A non-governmental organization (NGO) is a legally constituted organization created by natural or legal persons that operates independently from any government. Also known as Non-profit organizations or NPO. A NPO is an organization that does not distribute its surplus funds to owners or shareholders, but instead uses them to help pursue its goals. Examples of NPOs include charities (i.e., charitable organizations), trade unions, trade associations and public arts organizations. Non-profit organisations in India (a) exist independently of the state; (b) are self-governed by a board of trustees or ‘managing committee’/ governing council, comprising individuals who generally serve in a fiduciary capacity; (c) produce benefits for others, generally outside the membership of the organisation; and (d), are ‘non-profit-making’, in as much as they are prohibited from distributing a monetary residual to their own members. Whether a trust, society or section-25 company, the Income Tax Act gives all categories equal treatment, in terms of exempting their income and granting 80G certificates, whereby donors to non-profit organisations may claim a rebate against donations made. Foreign contributions to non-profits are governed by FC(R)A regulations and the Home Ministry.
Formation and Registration of a Non -Profit organisations in India

  • 1) Trust
  • 2) Society
  • 3) Section-25 Company

I. Trusts

A public charitable trust is usually floated when there is property involved, especially in terms of land and building. Validity extends only in original state it was registered in. The main instrument of any public charitable trust is the trust deed, wherein the aims and objects and mode of management (of the trust) should be enshrined. A trust needs a minimum of two trustees; there is no upper limit to the number of trustees. It is exempt from Income Tax only in the state registered and 80G is applicable

II. Society

The following societies can be registered under the Act: ‘charitable societies, military orphan funds or societies established at the several presidencies of India, societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, the diffusion of political education, the foundation or maintenance of libraries or reading rooms for general use among the members or open to the public, or public museums and galleries of paintings and other works of art, collection of natural history, mechanical and philosophical inventions, instruments or designs.’ The main instrument of any society is the memorandum of association and rules and regulations (no stamp paper required), wherein the aims and objects and mode of management (of the society) should be enshrined. A Society needs a minimum of seven managing committee members. A society cannot have chapters (branches) outside state it is registered, although members could be from anywhere in India

III. Section-25 Company

It can be established ‘for promoting commerce, art, science, religion, charity or any other useful object’, provided the profits, if any, or other income is applied for promoting only the objects of the company and no dividend is paid to its members. They need a minimum of three trustees.

Our Services Includes:-

  • Registration of LLP
  • Drafting and vetting of LLP Agreements
  • Taxation Services
  • Preparation of annual returns

The Areas of our expertise are:-

  • Conducting Due-diligence
  • Managing Negotiations
  • Preparation and finalization of Agreements
  • Liaising with requisite authorities for necessary permissions
  • Execution and completion of the Transaction
  • Advice relating to the Takeover Code

Winding up a company

Winding up of a company is defined as a process by which the life of a company is brought to an end and its property administered for the benefit of its members and creditors. An administrator, called the liquidator, is appointed and he takes control of the company, collects its assets, pays debts and finally distributes any surplus among the members in accordance with their rights. At the end of winding up, the company will have no assets or liabilities. When the affairs of a company are completely wound up, the dissolution of the company takes place. On dissolution, the company's name is struck off the register of the companies and its legal personality as a corporation comes to an end. The procedure for winding up differs depending upon whether the company is registered or unregistered. A company formed by registration under the Companies Act, 1956 is known as a registered company. It also includes an existing company, which had been formed and registered under any of the earlier Companies Acts.

Our Services Includes:-

  • Pre winding up legal audit and consultation
  • Conducting Legal procedure for winding up a company
  • Handling winding up process before govt. authorities/tribunal/court