Atreya LegalAdvocates & Legal Consultants

Corporate and Commercial

Company law, governance, contracts and shareholder disputes.

Overview

What is corporate and commercial practice?

Corporate and commercial practice covers the legal work a business needs through its life: formation, governance, contracts and disputes between shareholders. Atreya Legal advises companies, limited liability partnerships and founders under the Companies Act, 2013 and appears before the National Company Law Tribunal.

Practice group
Corporate and tax
Principal statute
Companies Act, 2013
Heard before
National Company Law Tribunal, National Company Law Appellate Tribunal, Registrar of Companies and Regional Directors
Scope

What the practice covers

  • Formation and structuring

    Choice of entity, incorporation, founders' agreements and shareholding structure.

  • Shareholder and investment agreements

    Shareholders' agreements, share subscription agreements and articles of association.

  • Board and governance advice

    Directors' duties, related party transactions, board and general meeting procedure.

  • Commercial contracts

    Supply, distribution, franchise, services, technology and confidentiality agreements.

  • Oppression and mismanagement

    Petitions under Sections 241 and 242 of the Companies Act, 2013 before the NCLT.

  • Regulatory compliance

    Notices from the Registrar of Companies, compounding and adjudication of defaults.

Law and forums

Statutes and courts

Governing statutes

  • Companies Act, 2013
  • Limited Liability Partnership Act, 2008
  • Indian Contract Act, 1872
  • Foreign Exchange Management Act, 1999
  • Competition Act, 2002

Courts and authorities

  • National Company Law Tribunal
  • National Company Law Appellate Tribunal
  • Registrar of Companies and Regional Directors
  • High Courts
Questions

Common questions on corporate matters

Who can file an oppression and mismanagement petition?

In a company with share capital, Section 244 of the Companies Act, 2013 allows at least one hundred members or one-tenth of the members, whichever is less, or members holding at least one-tenth of the issued share capital. The Tribunal may waive these thresholds.

Is a shareholders' agreement binding on the company?

It binds the parties who sign it. Indian courts have generally required restrictions on share transfers and governance rights to be reflected in the articles of association to bind the company, so the two documents are drafted together.

Contact

Discuss a corporate matter with the firm.

Write or call with a short account of the facts and the papers you hold. The firm will tell you whether it can act and what the first step is.

Before you continue

Disclaimer

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The firm is not liable for any action taken in reliance on material on this website. For advice on your own facts, consult an advocate.

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