services
NVS & Associates consists of lawyers who practice in 19 distinct areas of law and provide integrated strategic management and legal services, including legal auditing to various multinational corporates across industries.
nvs
Services
 

 

Corporate and Securities Laws

 
Role:  
  • Form, register, provide entire compliance and due diligence services for and under various statutes such as Shops and ESI Act, Partnership Act, Companies Act, Labour Act, Direct and Indirect Tax, Real Estate and Property Laws / Environment Laws.
  • Prepare Memorandum and Articles of Association and other connected documentation.
  • Obtain certificate of incorporation and certificate of commencement of business.
  • Render advice on drafting appraising and vetting of various legal agreements, including joint ventures, mergers and acquisitions and takeovers.
  • Aid in securities enforcement and litigation.
  • Compliance management regarding Foreign Investments Promotion Board (FIPB), Securities Exchange Board of India (SEBI), Reserve Bank of India (RBI), Registration of Companies (ROC) and other Regulatory Agencies.
  • Participate and guide in the negotiation processes.
  • Advise on methods and processes of raising finance, preparation of covenants, consortium agreement and connected documentation.
  • Appear, argue and plead on behalf of corporates before appropriate authorities whenever required.
  • Draft covenants involving International Trade and Commerce.
  • Advise on the enforceability of inter-company guarantees and security.
  • Act for and on behalf of the companies advising on powers, duties and liabilities of Directors.
  • Assist in commercial leasing.
Corporate - Securities law
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Property Related Issues

 
Investigate the property title and scrutinize the legal process. property related issues
Role:
  • Search with Revenue records.
  • Examine the right seller viz., company, firm, partnership, trust, individual, etc.
  • Advise on process regarding creation of mortgage.
  • Verify all documents with respect to title for a period of thirty years.
  • Obtain encumbrance certificate.
Current Exposure:
  • Foreign banks
  • Indian Banks
  • Indian and international corporates
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Commercial Laws and Arbitration (Domestic and International)  
Role: commercial laws
  • Draft, negotiate and advise on all types of commercial agreements.
  • Prepare standard terms and conditions of trade.
  • Appear before Arbitrators and conduct and conclude agreements at domestic and international forums.
Activities:
  • Draft standard terms and conditions for the sale of hardware.
  • Advise on software licenses and escrow agreements.
  • Draft and negotiate contracts for development of software.
  • Draft original equipment manufacturing agreements.
  • Draft facilities management and outsourcing agreements.
  • Represent corporates before Consumer Forums.
  • Render periodical advice to avoid vexatious claims by consumers.
  • Advocate proactive litigation management process with the objective of encouraging negotiated resolutions.
Given a rich pool of human resources, the firm has the ability to readily assemble dedicated teams of professionals with industry-specific expertise to meet clients' requirements and handle complex arbitration matters both in India and abroad.  
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Banking and Insurance Law  
(I) Banking Banking and Insurance
Role:
  • Draft and negotiate facility letters, single bank and syndicated loan agreements, revolving credit and security documents of all types.
  • Draft Guarantees, Letters of Credit and Security Documents of all types.
  • Prepare and approve loan documentation.
  • Research and advise on debt recovery.
  • Verify title of collateral securities - immovable property.
  • Advise and provide documentation support for client sale / purchase business transactions.
  • Provide support on finance intelligence, such as anti-money laundering related issues, extended client due diligence, etc.
  • Monitor and prepare documentation of case history for alerting of covenant defaulters.
  • Assist with compliance of Foreign Exchange Management Act (FEMA).
Legal Opinions:  
  • Handling opinions of various natures in all matters concerning the functioning of banks.
  • Exercising bankers’ lien under Section 171 of Indian Contract Act 1872.
 
Documentation:  

Draft Guarantees, Agreements, Power of Attorneys, Simple Mortgage Deeds, Deed of Assignment, Trust Deeds, Hypothecation Deeds, Inter Se Agreements, or any other commercial documents that may be suitable for the bank in the given circumstances of a particular case.

 
Documents executed in a foreign country and received in India:  
Advise on affixing proper stamp duty and its enforceability. top  

Mortgage:

 
  • Provide title opinion rendered to enable Banks / Financial Institutions to take a decision whether the property could be securitized towards loans granted or to be granted.
  • Scrutinize the title deeds and remedial measures offered to the borrower for rectification of any irregularity in respect of title to property.
  • Advise on the scope of creating mortgage on the concept of possessory title.
  • Advise on the interest of minors in joint family properties and its legality.
  • Advise on mortgage lending or any other real estate financial transactions.
  • Advise on issues pertaining to registration of charge with the Registrar of Companies (ROC) as provided in Section 125 of Companies Act and issues relating to Co-operative Societies under the Societies Registration Act and Trusts.
  • Provide opinion on all company issues relating to banks, including winding up proceedings or proceedings before the Official Liquidator, Company Law Board, etc.
  • Handle Sale of Assets by a Company in Liquidation by guiding banks in selling huge assets and reducing the percentage of non-performing assets.
  • Draft Letters of Guarantee / Letters of Credit through documentation of work and approval of contract formats.
 

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002:

 
  • Advise on issuance of 13(2) Notice followed by 13(4) Notice.
  • Draft Possession Notice, file applications before the Chief Metropolitan Magistrate Court or District Magistrate to obtain direction to get police assistance.
  • Defend banks’ rights in the Appeals filed before DRT / DRAT by the borrower, mortgagor or guarantor.
  • Defend banks’ interest in Writ Petitions / Writ Appeals filed by the borrower / workmen who challenge the role of the bank’s right as a secured creditor, while selling the secured assets.
  • Defend banks’ rights, when borrowers challenge the parallel proceedings initiated by banks in SARFAESI Act.
 
SARFAESI Appeals before DRT & DRAT:  

Handle and advise on all Appeals filed by the contesting borrowers or guarantors challenging the steps initiated by banks under the SARFEASI Act.

 
Suits on Injunction:  

Handle cases opposing the grants of mandatory injunctions by the Courts relating to the Letters of Credit, Guarantee Claims, etc.

 

Banking Ombudsman:

 
  • Advise on maintainability of the complaints filed before the Banking Ombudsman and the jurisdiction.
  • Guide banks on the Tamil Nadu Protection of Depositors Interest Act.
  • File claim petitions before the Special Court constituted for this purpose and protect the secured assets.
 

High Court:

 

Assist in Civil Revision Petitions and original file suits.

 

Specific Performance Suits:

 

Handle specific performance suits in protecting the interest of clients when there is breach of contract.

 

Arbitration:

 

Handle all types of arbitration matters either on contract, commercial transactions or on service matters.

 

(II) INSURANCE:

 

Handle all documents regarding claims and handle litigation with respect to General Insurance.

 
Role:
  • Provide advice on claims and represent insurance companies before legal fora, including MACT.
  • Advise clients on policy liabilities.
  • Render advice on all connected legal enactments, such as Labour Laws, Laws of Carriage of Goods, Environment Protection Act, etc.
  • Facilitate settlement of cases before Lok Adalath.
Consultancy:
  • Document review.
  • Contract Review.
  • Risk Management procedures.
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Cyber Law and Information Security  
Role: cyber law
  • Structure electronic contracts.
  • Prepare contracts pertaining to hardware sale, purchase, rental, lease, installation, testing, maintenance, distribution and marketing.
  • Draft contracts pertaining to website design, development and hosting.
  • Prepare Network Service Level Agreement.

The firm also provides advice on Cyber Crime Protection Management.

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Employment Law and Retirals  
Role: eployment law
  • Prepare service contracts, written terms of employment and office manuals.
  • Advise client on matter relating to:
    • Downsizing & restructuring.
    • Employee disputes, dismissal, discharge and termination of employment including retrial benefits like pension, gratuity and provident fund.
    • Implications of transfer of undertaking and mergers vis-à-vis employment.
    • Employee incentive scheme such as bonus and share option schemes.
    • Obtaining work permits and permission for immigration.
    • Creation, amendment and termination of approved and unapproved pension schemes, including preparing scheme documentation in conjunction with scheme administrators and actuaries.
    • Employment Laws including redundancy, long term service contracts, unfair dismissal, trade union issues, labour legislation.
    • Compensation survey and salary management.
  • Participate in collective bargaining negotiations and advice on compensation packages.
  • Advise on labour administration / establishment of compliance management.
  • Assist in outsourcing management with special reference to Contract Labour Legislation.
  • Validate and prepare documentation of employment contract management: offer letters, termination letters.
  • Draft confidentiality and IPR agreements.
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Consumer and Product Safety  
Role: consumer
  • Protection of the interests of service providers and manufacturers before consumer fora and handle cases related to:
    • Consumer protection.
    • False & disparaging advertising.
    • Product liability.
    • Securities.
    • Environmental matters & other areas.
    • Deficiency in service in many areas.
    • Compliance tracking, verification of facts, assessment of legal risks, case settlement.
    • Recovery from product / service warranty providers.
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Intellectual Property Law: Trademarks, Trade Patent, Copyright, Trade Design  
Role:  
  • Advise on registration for the various intellectual property rights.
  • Draft covenants regarding transfer / assignment / transmission, licensing.
  • Draft documentation regarding creation of any interest including:
    • Registration of copyright.
    • Initiation of legal process as regards infringement.
    • Securing and protection of Intellectual Property Rights.
  • Draft and negotiate contracts for commercial exploitation of intellectual property, including licensing, technology transfer and franchising arrangements.
  • Draft distribution, agency and supply and trading arrangements.
  • Enforce Intellectual Property Rights and deal with disputes.
copyright,tadedesign
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The Central Excise and Customs  
Advise: entral excise
  • The levy and collection of duty under conditions of:
    • Claims of refund of duty.
    • Provisions relating to conveyances.
    • Drawback allowable on re-export of duty paid goods.
  • Appear before appropriate authorities for resolution of issues.
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Direct Taxes  
Advise: direct-indirect tax
  • Income summary before and after tax.
  • Total capital assets summary.
  • Tax assessment and advice on payments.
  • Annual income and capital accounts.
  • Off-shore Trusts.
  • Methods of efficiently funding liabilities.
  • Pension funds from tax angle.
  • Matters relating to double taxation.
  • Administration of Trust accounts involving:
    • Maintenance of capital gains and tax records.
    • Submission of income and capital gains and tax returns.
    • Use of capital gain tax allowances.
    • Preparation of Trust Resolutions and deeds of Appointment.
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Environmental Laws  
Public and government attention has been refocused on environmental issues by developments such as the Kyoto Accord. Relentless increase in air pollution and fatal water-contamination tragedies have had widespread health implications. Businesses can expect stricter regulations and tougher scrutiny of existing operations and new projects. environmental laws
Role:
  • Advise on laws, rules, regulations and governmental incentives available to further environmental interests, including tax credits, grants and land use provisions.
  • Assist in litigation wherever required.
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Corporate Liaison  
Role: corporate liaison
  • Identify, acquire and register properties on behalf of corporates.
  • Obtain licenses wherever required under various provisions of law for and on behalf of corporates.
  • Liaise with external agencies like government machinery and other authorities.
  • Liaise to obtain financial assistance.
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Compliance Management  
Advise: compliance management
  • Maintain and submit forms pertaining to various Labour Legislations like Industrial Disputes Act, Bonus Act, Provident Fund Act and Gratuity Act, etc.
  • Maintain various statutory books under the Companies Act.
  • Support the Company Secretary in respect of interpretation of the provisions.
  • File of various returns like Share Allotment, Registration of Charges, Return of Special Resolution, Annual Returns with Registrar of Companies (ROC) for procedural compliances.
  • Submit and maintain forms under Direct and Indirect Taxes.
  • Handle issues on behalf of Corporations / Companies with the Reserve Bank of India (RBI) and Foreign Investment Promotion Board (FIPB), Registrar of Companies (ROC).
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Finance and Accounting  
Advise: finance and accounting
  • Book keeping.
  • Banking and cash application.
  • Inter-company accounting.
  • Ledger reconciliation.
  • Internal Management Information Systems (MIS).
  • Internal Audit.
  • Performance Analysis.
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Criminal Law  
The firm deals with all actions within the ambit of the Law of Crimes as well as Penal Provisions under various enactments. criminallaw
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LITIGATION  

BANKING AND INSURANCE

litigation

Enforcement and interpretation of guarantees, Loan Agreements and other financial instruments for banks, building societies, life assurance companies, regulatory compliance, lease documentation, recovery strategies, derivative contracts and all connected issues.

INTERNATIONAL COMMERCIAL DISPUTES

Handle disputes arising from international trading and mergers and acquisitions including cross-border investments.

PROPERTY RELATED DISPUTES

Handle all property related disputes, including those arising out of conveyancing, mortgage, auctions, contracts, negligence claims and mortgage frauds.

 

PRODUCT LIABILITY

 

Handle consumer claims, sale of goods, drug protection, etc.

 

INTELLECTUAL PROPERTY RIGHTS

 

Handle issues including, passing off copyright, trademark, trade patent and design.

 

EMPLOYMENT LAW

 

Handle industrial disputes before various fora.

 
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Bankruptcy and Corporate Restructuring  
Advise: corporate restructuring
  • Winding-up Proceedings.
  • Proceeding before BIFR AND AIFR and High Court.
  • Corporate Restructuring and Rehabilitation Process.
  • Legal Validity of all measures.
Current Exposure:
  • Foreign banks
  • Indian Banks
  • Indian and International corporates
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legalauditing
Legal Auditing
Role:
  • Analysis of corporate compliance.
  • Scrutiny and comprehensive examination of documents.
  • Interpretation and reporting from the client’s point of view.
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Legal Process Outsourcing (LPO)  

The firm offers LPO services in consultation with NVS Management and Corporate Services Private Limited, incorporated under the Indian Companies Act 1956.

 
Role:  
  • Research and Analysis:
    • Contract drafting and management review.
    • Proof-reading and revision of contracts.
    • Drafting of Employee Contract Non-Disclosure Agreement.
    • Drafting of Supplier Agreement, Lease Agreement, Vendor / Distribution Agreement.
  • Legal Research:
    • Legislation searching.
    • Case Law analysis.
    • Journal searching.
    • Bare Acts and Rules and Regulations searching.
  • Banking and Finance:
    • Execution of documents – loan syndication.
    • Proof-reading / verification of documents.
    • Preparation of real estate lending documentation.
  • Intellectual Property Rights:
    • Patents and trademarks filing.
    • Prosecution of appeal.
    • Copyright, design protection and enforcement.
    • Infringement analysis.
  • Para Legal Services:
    • Document review, archival and retrieval.
    • Summary writing.
    • Document coding.
    • Case management.
    • E-discovery.
    • Legal transcription.
    • Litigation support.
    • Legal research.
  • Others:
    • Labour / employment documentation.
    • Investigation of medical malpractices.
    • Product liability analysis.
    • Workman’s compensation analysis.
executive
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