Banking and Finance

Our banking and finance practice involves advisory and representation in relation to wide spectrum of financing arrangements such as corporate debt, project financing, acquisition financing, structured financing, trade financing, leveraged financing, real estate financing, term loans, working capital and general corporate loans. We represent and advise clients on debt restructuring, participate in negotiations with lenders / consortium of banks and finalisation of documentation for their debt restructuring exercise. Our team has a deeper understanding on this practice area and have been instrumental in achieving the desired results for our clients.

With our expertise, our BnF team generally helps clients in navigating through the complex loan structures proposed by lenders and assisting in drawing up acceptable terms of availing financing and creation of security interest safeguarding our client’s interest. Our team regularly represent and advises on deals from both sides i.e., for the borrower and lender as we are empanelled with banks and NBFCs.

We at Clove Legal believe in the quote “When lending people money, be sure their character exceeds their collateral” and our team while conducting the due diligence exercise is not only mindful of technical details but also of matters that are practically relevant.

Corporate and Commercial

We advise on a plethora of the corporate and commercials matters ranging from strategic advisory, joint ventures, business collaborations, licensing documentation and host of other commercial agreements. Our team of lawyers are the best in the fraternity and apart from having the deepest understanding on the general provisions of commercial contracts, has greater grasp over strategic interests, growth and general business bargain. Our clients count on us for drawing up e-contracts viz. terms and conditions, privacy policies, end user license agreements and software-as-a-service (SAAS) arrangements in respect of digital properties. In the most difficult stage of product development, clients seek our legal advice for protection against legal restraints. Our lawyers bring the extensive experience in formulating contracts for wide spectrum of businesses ranging from manufacturing, outsourcing and supply side contracts, hospitality, media, fintech and payments industry, education, etc.

We also advise on regulatory and compliance related issues involving Reserve Bank of India, the concerned Ministries for foreign director investment approvals, the Cabinet Committee on Economic Affairs under the Foreign Exchange Management Act.

We regularly advise in relation to:

1. Inbound and outbound investments – for foreign direct investment in India whether under automatic route or approval route (for regulated sectors where approval of the relevant ministries/cabinet is mandatory as per FEMA) and for overseas direct investment outside India by Indian corporates for setting up subsidiaries, joint ventures, business entities, by resident individuals under liberalised remittance schemes, ESOPs.
2. General advisory in relation to foreign exchange control regulations.
3. Technology transfers & licensing
4. Advisory and documentation in relation to the payment systems and products in the fintech sector.

Corporate Governance

Corporate Governance has gained significant traction both at the regulators end as well as the corporate end. Corporates are imbibing the principles of fairness, accountability, integrity, transparency and honesty as its core values resulting in sound corporate governance. Our services are being sought for the bringing the board’s policies in accordance with the good corporate governance. Our advisory ranges from advising on the strategies for the board with foreign directors and preventive measures for mitigation risks to such directors from liabilities attached to their director positions in India. We help our client while there is a board tussle with adverse implication on the company. Our experience comes handy while structuring related party transactions by our clients, crisis management and also succession planning for management. We help our clients on implementing their CSR (Corporate Social Responsibility) initiatives.

Our clients rely on our experience to align their policies, procedures, practices, and charter documents with the everchanging rules and regulations and the best practices in the industry. A good manual of corporate governance and code of ethics drives the board following the sounds principles of corporate governance.

Corporate Restructuring

To cater to the dynamic business requirements, maximising business goals, bringing tax efficiencies and productive gains, the corporates are incentivised to formulate various restructuring exercises. We advise clients to devise, seek approval of the National Company Law Tribunal (NCLT) and implement restructuring exercises through shareholders and creditors approved schemes such as scheme of amalgamation/merger, scheme of demerger, scheme of arrangements, reduction of capital etc. Our lawyers have extensive experience in approaching NCLT for seeking approvals and implementing these schemes. We also assist clients in implementing an effective voluntary insolvency through NCLT route.

Data Protection & Privacy

The new age technologies are transforming the businesses like never before. Businesses are leapfrogging ahead in a fast-paced dynamic world. It has also brought forth a new challenge for businesses in terms of the managing and dealing with data being generated at an enormous speed. Companies are mandated to follow an elaborate process while collection, handling and processing of personal data. Calls for privacy has gained momentum globally and we help to design and structure privacy policies, data policies, data protection plans, draw up data processing agreements, disclosure requirements which help our clients to function efficiently.

Dispute Resolution

Our litigation practice encompasses litigations concerning civil and commercial matters, insolvency and bankruptcy, banking and finance, real estate, intellectual property, corporate & securities law. We also represent clients in domestic and international arbitrations and mediation proceedings. Our lawyers regularly appear in the High Court, Bombay and before other courts and tribunals in Mumbai. We have a reliable network of lawyers across India for addressing any litigation representational needs. There is a growing need for representation to enforce rights in a dispute concerning joint ventures, business arrangements, merger and acquisitions, property, regulatory matters. Our firm represents clients in relation to securities matters before Securities and Exchange Board of India (SEBI) and appeals before Securities Appellate Tribunal (SAT). Our lawyers regularly represent before the Debt Recovery Tribunal (DRT), the Debt Recovery Appellate Tribunal (DRAT), National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) in relation to the banking, finance and insolvency matters. We also advise and assist clients for proceedings before the Supreme Court of India through our affiliate lawyers.

Our team of lawyers are widely recognized for their eye for detail, creativity, integrity, strategic approach and extensive experience to deal with complex issues and questions of law.

Employment, Labour and Benefit

The employment practice at Clove Legal covers documentation and advisory in relation to recruitment and termination of employees, human resources policies, work parameters, formulating and structuring of employee benefits including employee stock option schemes/plans (ESOPs) & other equity-based incentive schemes. Our clients rely on us in drafting and negotiating exits, settlement and separation documents for outgoing employees. We help our clients to frame and implement sexual harassment policy as required under the PoSH Act for an effective grievance redressal mechanism for women who have been unfortunately subjected to workplace sexual harassment. Our client seeks our advice for conducting disciplinary actions against errant employees and restraint and remedial proceedings in cases of data theft or IP breach by employees. Our lawyers regularly appear before labour and industrial courts in relation to employment related disputes.

Start-up & Emerging Companies

Clove Legal is one of the go-to firms when it comes to start-ups and we have been a part of growth story for several start-ups. We cater to composite needs that are generally required for any start-up – we provide assistance, advise and representation on routine matters such as churning out contracts and handhold start-ups on negotiations of such contracts, structure and set-up their HR requirements (employment contracts, NDAs, employment manuals and policies, ESOPs structure and scheme), in case of start-ups in the digital space – drawing up e-contracts viz. terms and conditions, privacy policies, end user license agreements and software-as-a-service (SAAS) arrangements in respect of digital properties, and general legal advisory. In addition to the day-to-day affairs, we contribute immensely on the fund-raising activity. We have been extremely active in the start-up ecosystem and have over the years while representing clients, Angel investors group, VCs and PE funds on various financing rounds, developed skills to effectively negotiate a balanced deal for founder promoters and investors while raising funds. The rapport and respect that we have earned in the start-up community and ecosystem has helped us to sail through complex scenarios in consummation of fund-raising rounds for our clients.

Energy, Infrastructure and Resources

Our energy and infrastructure practice offers comprehensive legal representation for our clients. We engage with our clients and advise and represent them on drafting and negotiations of the EPC Contracts, O&M Contracts, Offtake Agreements, Power Purchase Agreements amongst others.

Estate Planning, Trusts and Private Client

Our trusted private client practice team, has the expertise and experience on setting up private trusts, drawing of wills and other testamentary instruments. The team also has extensive experience in procuring probates, letter of administration from the High Court, testamentary division.

Our team is well updated of the recent developments in this area and with the experience in other areas such as family offices, corporate, real estate laws court and regulatory process, it is well equipped to structure and execute instructions of the client.

Intellectual Property

We have a dedicated IP team that exclusively handles matters pertaining to trademarks, copyrights and patent registrations. With the scale of work and the diversity of the sectors to which we cater viz. media, technology, food and beverages, hospitality, payments industry, education and pharma, our IP team has greater understanding of the products and services’ applicability and relatability to the IP laws. Our team has well rounded skills to handle these matters diligently, right from conducting searches, registrations, liaison with the relevant registry dealing with requisitions and objections, approaching civil and criminal courts invoking rights pertaining to IPR, drafting and negotiating documentation pertaining to assignment, licensing etc.

Mergers and Acquisitions

Our M&A team has well rounded experience to represent clients on their transactional matters be it foreign direct investment in an Indian company whether in the form of joint venture, private equity, venture capital or overseas direct investment in joint ventures or wholly owned subsidiaries outside India. We have a network of law firms overseas to cater to the needs of our domestic clients looking to setup businesses outside India. Our team works in tandem with the overseas law firms for achieving pragmatic solutions for our clients. Our lawyers have the core domain understanding in the space be it share acquisition or asset acquisition.

Real Estate

Our real estate practice encompasses conducting title investigation relating to land and property acquisition, representation in real estate development projects including slum rehabilitation projects, commercial leasing and residential licensing.

Our team is well versed with broad spectrum of contracts in the field such as conveyancing, license and leases, development projects. The real estate sector in India being highly contentious, our litigation team is prepared to represent our clients for property matters before RERA, Appellate Tribunals and Bombay High Court.

Entertainment, Media and Technology

Clove Legal is considered as one of the premier law firm in India for the kind of work it has done in this area over the years.

The advertising, media and entertainment industry in India has gained rapid speed global recognition. Our team of lawyers are highly regarded for the experience and the knowledge on the industry specific commercial perspective. Our team regularly handles work across motion picture, television, OTT, talent and celebrity managements, brand endorsements, music, internet and digital media, publishing, outdoor advertising, social media advertising, public relations and similar other arrangements.