From booking a cab to consulting a physician, we enter into several contracts and agreements in our day to day lives, some with our knowledge and some without us realizing it has happened. It is important to understand the nature of these contracts. How the contractual relationship will affect us, how the change in the law will affect the contract, and how change in company polices will affect obligations and liabilities are crucial for you to know, through Contract Management.
Contract management is a crucial aspect of the business world and involves contract review, along with review of the governing laws, review of company’s policies and parties to the contract. Engaging in contract management activities can prevent the company, or a party to the contract, from future ambiguities, encountering a situation of default or committing a breach. This is an on-going service which would be beneficial during the life of the contract. We at Vinay Academy provide all the necessary contract management services to our clients; keeping their contracts up to date, maintaining their excellent legal health.
Negotiation in its literal sense means to compromise or to bargain in order to agree upon a certain outcome. We negotiate on a daily basis. To state an instance, when you bargain with a shopkeeper for a certain price to buy a product, the shopkeeper compromises to settle the matter for a lesser amount than the actual price of the product. This settlement on both the sides to reach a common ground is one such example of everyday negotiation.
In the legal sense, Negotiation is a method of Alternate Dispute Resolution and is a voluntary process, i.e., there is no binding decision on the parties, and they can withdraw anytime during the process. Parties can either directly or with the help of a Legal representative can participate in the negotiation process. We here at Vinay Academy aim to represent you in your negotiation proceedings and settle the differences between the parties when they are in an amicable and bonafide relationship in order to avoid any argumentative situation or dispute.
When both the parties compromise to find a mutual outcome, the end result of such a compromise is a contract of settlement. To state another example, the foremost step before entering into a valid contract is the one where parties negotiate for the terms and conditions that they want to include in the contract. A well negotiated contract is an essential requisite for every business transaction, as it keeps you out of conflicts. There are some key essentials to keep in mind while aiming for a successful negotiation, such as, what are the interests of the parties, how to communicate these interests so that the agreement between the parties is secured, try to create a win-win situation, the needs negotiated upon must be legitimate.
We at Vinay Academy can help you negotiate the terms of contractual agreements that you’ve entered upon and guide you regarding the terms that would prove to be beneficial for you in the long run.
Mediation is an alternative dispute resolution mechanism which mainly focuses on delivering justice through mutual consent of the parties in the minimum time. The success of a mediation proceeding depends on the consensus reached by the parties to the dispute. In Mediation procedure an impartial third party, the conciliator or mediator, assists the parties to reach a mutually satisfactory agreed settlement of the dispute. Mediation process has its own fundamental principles which are helpful in settling disputes between the parties on their own terms while maintaining vital business and personal relationships.
Mediation is the faster and more economical method of dispute resolution as compared to arbitration and litigation. Whatever transpires and the information revealed during a mediation process is kept confidential and cannot be used in the court proceedings neither by the parties to the mediation or the mediator, this aspect proves desirable for several information sensitive disputes. Confidentiality is one of the corner-stone of mediation and has assured by operation of law. A written agreement is not required for parties to enter into mediation.
Mediation is commonly used in civil and administrative agency matters; and is often used in matrimonial disputes and other civil/domestic disputes. It is widely relied upon to ease the burden on the courts and as a means to resolving the dispute. Mediation is becoming very popular in India, and the courts are referring cases to court-appointed mediators. The main function of the mediator is to help the parties reach a mutual settlement. At Vinay Academy , you will find trained and experienced dispute resolution attorneys with expertise in mediation.
We provide Mediation Services using only the most qualified and best trained Experts.
Legal disputes threaten the day to day functioning of a business and Legal recourse through litigation is often time consuming and expensive. In order to escape the tiring and expensive court cases, parties often prefer to adopt arbitration as a dispute resolution method.
Arbitration is judicial determination of a dispute, by an impartial and independent third party (arbitrator/s) which is agreed by the parties. The process is binding in nature and is more cost effective and faster as compared to litigation. The parties are free to decide how the dispute is to be resolved, time frame, rules, forum and restrict the court’s interference. The arbitration proceeding is voluntary as the consent of the parties to go for arbitration in case of a dispute shall be included in a valid contract.
Our arbitration practice extends from Indian arbitration under the Arbitration and Conciliation Act, 1996, We provide the Service of Arbitration using only the most qualified and best trained lawyers.
Litigation is required whenever there is a dispute between parties and one party or both the parties want to take the matter in the court system for the purpose of resolution of the dispute. The representation of the parties in the court is to be done by their respective litigation attorneys. One can approach any litigation attorney for the purpose of their representation with respect to the matter in the court. A litigation attorney takes up several tasks. A litigation attorney’s responsibilities encompass the complete process of filing, investigating the facts of a case, drafting pleadings, presenting the case in the court, moving forward with the case, facilitating settlements, dealing with appeal processes.
We at Vinay Academy offer several types of litigation services such as, civil litigation, family law litigation, taxation litigation, medical litigation, media litigation etc. Civil litigation usually concerns private disputes where the aggrieved party files charges against another party. Civil litigation includes Insolvency, Intellectual Property Rights, Consumer Protection, etc. We also offer litigation for corporate legal matters, as well as, contract violations.
With government promoting the start-up industry in India, there has been a massive influx of people who had always wished to form their own business but feared the process. Individuals who had at some point thought of a business idea, are now bringing it to reality. But there are many aspects which they fail to realize, such as the mountains of compliance that are to be done.
Start-ups begin at the inception of the business idea but they do not end with the mere formation of the entity. Since it is a business, it is bound to contract with other businesses, but most of the start-ups rush in signing such contracts without realizing what rights they are signing away through it. Apart from that, there might be some regulations which they have not considered and are required to comply with.
Formation of your business entity is the utmost important task but not necessarily one which you have to do first. Your business idea might be great but it has to be proved in the market first. Because once you set up a company, it is not as easy to dissolve it. So, it is really important that you understand the consequences of all your actions before you take them.
Incorporating an entity involves due diligence about the market and what sort of path your business would be taking. This intricate process also considers your possibility of taking up investments and how you plan on growing. There are multiple types of entities but the most prominent or most used one for start-ups is the private limited company. It does not have any requirement for minimum capital and requires only 2 individuals to start it. But, there are other regulations depending on type of business and also the fact that according to companies law it has to do regular board meetings and file annual reports and returns. Regardless, it is still the best possible entity for those who wish to reel in investors.
Conducting the business operations is the next step but it does require caution. Simply signing the agreements provided by the big corporations who wish to conduct business with you is not a smart decision. One should get those contracts vetted before signing them. Apart from this, one should also not simply copy the agreements of similar businesses but rather form their own, which suits their business.
Conducting the annual board of director meetings, filing annual reports along with the minutes of meetings are just some of the things that are to be done if you are a private limited company. Taxation brings in a whole another world of complications for a business organization. A simple slip and you might find yourself being audited by the government.
All businesses require some form of an entity to be set up. We have panel of internationally trained and practiced experts to develop a clear and effective strategy to ensure a beneficial and effective incorporation procedure for our clients. We provide our insight to the start-ups to ensure that they are not troubled along their path to success.
Our offices use only the most selected and qualified corporate lawyers available, trained and licensed in both the US and India. We provide these legal services through our New Delhi and Gurgaon offices, online, as well as in-person, onsite visits for larger international corporations.
Forming a properly structured business that is suitable for your practice is necessary in order to achieve your goal. We understand the need to plan for the future. Your business is properly vetted by our experts who then formulate a business plan and a structure that your business operations would need to follow to ensure a steady and organic growth.
At Vinay Academy, our attorneys are dedicated to help you avoid any future problems related to your business incorporation. Through our broad range of experience in helping business entities flourish in the market, we understand that there are a lot of unforeseeable problems that arise in the day to day activities of an entity and we utilize this knowledge and experience to ensure that these unforeseeable problems are prepared for, well in advance.
Our offices provide services of the most qualified corporate lawyers who are trained and licensed in both US and India to deal with the matters listed above. We provide these legal services through our New Delhi and Gurgaon offices, online, as well as in-person, onsite visits for larger international corporations.
Any new venture or company is an exciting new prospect. As an entrepreneur, your main aim is to get the business off the ground and in a profitable position in the market. However, in all the excitement and work involved in starting the venture, the legal compliances tend to take a backseat. This opens up the company to several different penalties, possible liabilities and sanctions.
Depending on the business of the company, number of employees, the profit margin of the company and the structure of the organisation, the legal compliances for each organisation differs drastically. However, legal compliances extend beyond mere government regulations. There are also several compliances required by the various contracts and agreements entered into by different companies.
At Vinay Academy, we provide services to cover both the legal compliances required according to the government regulations and legislations as well as the compliances required according to the different contracts entered by the company. We preform both one-time compliance checks on companies and periodic compliance checks and updates for our clients.
Tax Planning often becomes the most important and complicated facet of taxation. We here at Vinay Academy provide planning advice to avoid, minimize and/or defer taxation in your business and personal transactions. Specifically focusing on business tax planning, there are several transactions that potentially levy extraordinarily heavy tax. However, we provide strategically structured plans to minimize or avoid taxation on these business transactions such as mergers, acquisitions, corporate restructuring, business formations, etc.
Our team of lawyers have a complete and thorough understanding of new business structures whether it be a corporation, limited liability partnership, HUF, limited liability company, limited liability limited partnership or a simple sole proprietorship. We also help in counselling and planning cross – border transactions and deal in issues related to Double Taxation Avoidance Agreements.
Investors who invest frequently and are familiar with the concept of investing, know that investing is not a guaranteed process. However, aside from recognizing the inherent risk of the investment, it is also important to understand the agreement the investment will be made through. Given the complexity and technical nature of these agreements, it is often advisable to consult with a legal professional to understand and properly formulate these agreements.
At Vinay Academy, we help you ensure the security of your investment with comprehensive due diligence and assistance through every stage of entering into your investment agreement. From negotiating the terms of the investment – keeping in mind your interest and needs – to converting verbally agreed terms between the parties into legally binding terms on a paper and executing the document in an enforceable form – our experienced legal team will help you draft a precise and unambiguous contract that protects your rights and interest in accordance to the law of the land. Our commercial attorneys will also guide you through the process of performance in cases of both cross border and domestic executions to ensure that your contract is fully executed to the letter of the law.
If a company is willing to expand its business or desires to do business in the name of the parent company then they have the option to form a subsidiary company to serve local markets in other countries. The parent company owns and manages its subsidiary company. The primary motive behind this move can be an expansion of business, a new opportunity, a shifting of costs, or a change in executive personnel.
Vinay Academy can help with the entire process of establishing a foreign subsidiary. Our international team of legal experts helps guide you through every stage of the process – from selecting an appropriate format for the subsidiary and filing for registration, to drafting the formation and regulation documents of the company and instituting the board of the company. We work across industries and nations and help with the creation of wholly owned subsidiaries, majority owned subsidiaries, plurality owned subsidiaries, joint venture vehicles, and more.
Entrepreneurship is an exciting way to give your business ideas wings – and, in the era of Start-Up India, there are more reasons than ever to start your own business. However, the world of business is one with nearly infinite pitfalls – both in law and management. Not knowing the ropes from the outset carries the risk of fatal errors. That is where we come in.
Our managerial experts have training and experience in operating start-ups, small and medium sized businesses, family practices, MSMEs and a variety of other business structures. Bringing hardcore managerial science in line with a deep understanding of the legal context helps our experts deliver comprehensive guidance on issues of operational management, strategic management, marketing strategy, customer conversion, commercial compliance, and many more.
For entrepreneurs, founders, raising seed funding is a necessary process. However, this is a process that requires a specific skillset – different from those needed by successful innovators and entrepreneurs. This makes preparing and presenting an investment pitch can become a complicated and tedious deviation from the task of building their business. Entrepreneurs devote unnecessary time and energy hitting the right opportunity and the task only gets harder when considering cross-border investments.
Our managerial consultants help with the process of developing pitches and proposals for investors. We work on every stage of the investment process – from developing the commercial proposal through pitch development and representing entrepreneurs during pitch presentation and securing seed or series funding. Our managers also work with entrepreneurs to speed up the investment process by ensuring sure that the company is “investor-friendly” – demonstrating the financial viability and potential of your company in a way designed to appeal to investors.
The business world is complex and ever-changing, whether you’re a neophyte or an experienced firm. Without the proper counsel, the law can work to ensnare the wiliest of operators in a mess of red tape and liabilities. To keep yourself protected, it is important to engage the services of a skilled lawyer.
Whether it’s setting up or investing in a new firm, launching new ventures in India or abroad, undertaking international commerce, or moving employees abroad, Vinay Academy's team of experts can take care of any legal barriers in your way. Our experts provide guidance and legal services to organizations of every size – from new ventures to multinational corporations – and every nature – companies, partnerships, non-profits, co-operatives, and limited liability companies.
At Vinay Academy, we have a vast experience in drafting, reviewing and negotiating all kinds of contracts for various business entities. We ensure that the demands of both parties are kept to the highest possible point while drafting a contract. This helps in keeping the relationship of the parties stable throughout the contract duration. Our capabilities span over multiple areas of law and are extensive in nature. We work with you to protect your interests in the contracts and help ensure that the terms of the contract are well suited for the scale or scope of the relationship.
Our legal team works tirelessly to ensure the security of your agreements through comprehensive due diligence and assistance through every stage of entering the contractual process. From negotiating the terms of the contract – keeping in mind your interest and needs – to converting verbally agreed terms between the parties into legally binding terms on a paper and executing the document in an enforceable form – our experienced legal team will help you draft a precise and unambiguous contract that protects your rights and interest in accordance to the law of the land. Our corporate attorneys will also guide you through the process of performance in cases of both cross border and domestic executions to ensure that your contract is fully executed to the letter of the law.
Forming a properly structured business that is suitable for your practice is necessary in order to achieve your goal. We understand the need to plan for the future. Your business is properly vetted by our experts who then formulate a business plan and a structure that your business operations would need to follow to ensure a steady and organic growth.
At Vinay Academy, our attorneys are dedicated to help you avoid any future problems related to your business incorporation. Through our broad range of experience in helping business entities flourish in the market, we understand that there are a lot of unforeseeable problems that arise in the day to day activities of an entity and we utilize this knowledge and experience to ensure that these unforeseeable problems are prepared for, well in advance.
The first step towards acquiring representation or safeguarding one’s rights is identifying what services are needed. If you are uninformed of your legal options, unsure of any legal difficulties in your way, or just want to check for any opportunities or dangers around you or your business, our corporate law counselling can help.
Sometimes it is difficult to understand what legal service is necessary to help you. In these circumstances it is best to ask for legal advice. Our legal experts will assess your current legal status – either in response to an explicit inquiry, in relation to a specific problem, or as a candid issues and opportunities analysis. The length and nature of the corporate law counselling can be modified based on your needs and direction. The consultation sessions can go from an informal conversation to a series of detailed legal opinion briefs. The association can extend from a one-time consultation to a long-term advisory relationship.
Understanding numerous legal issues involved in your business can be overwhelming, even under the best of circumstances. However, out legal expertise will help you navigate the process – both in understanding the legal requirements and commitments that apply to your unique circumstances and provide guidance on how best to steer through the choppy waters of the law.
Our specialists are experienced in providing advice for every type of corporate law – corporate formation, initial negotiations and transactions, review and modification of founding documents, and even dissolution or sale. We also deliver comprehensive analysis services for active contracts. At Vinay Academy, we provide affordable, low cost services and exceptional legal advice to clients of every size and corporate structure – from fresh start-ups to international corporations involved in large-scale business.
Every business deal is a risk but it shouldn’t be an uncalculated risk. When it comes to new ventures in the Business, like mergers & acquisitions, every action should be taken only after a thorough investigation of the field and the business. This is where due diligence comes into the picture, which is necessary in order to determine whether the venture or investment is beneficial or not. Due diligence is one of the most important aspect for making informed business relations.
Negotiation forms a major part of any merger or acquisition, and due diligence lends a stronghold for these negotiations. The information acquired during the process of due diligence helps in risk assessment and risk management. The information acquired is usually technical and requires interpretation by a trained eye which is essential in order to make a final decision.
At Vinay Academy, we provide a wide range of services to our client and also aids in the requisite due diligence of other business or investment opportunities. Types of due diligence
Our team of lawyers experienced in the field of commercial law guide you through the whole process due diligence which is fashioned to your unique situation so that you can make a decision which is beneficial to your interests.
There are certain set standards and procedures that regulate the day to day conducts of a business. This involves government regulations on keeping track of the corporate meetings or paying the corporate taxes levied – but it also includes private compliances from contractual relationships, such as payment schedules, receipting requirements, maintenance of records, information availability, and the like.
At Vinay Academy, we provide services to cover both the legal compliances required according to the government regulations and legislations as well as the compliances required according to the different contracts entered by the company. We preform both one-time compliance checks on companies and periodic compliance checks and updates for our clients.
POSH (Prevention of Sexual Harassment) laws are enacted to provide protection to working women with reference to sexual harassment at the workplace and render speedy redressal for them. This law applies to all the employers. It is essential for every organization to be entirely compliant with the POSH laws. Every employer has several duties that are to be carried out to make sure that working women do not face any kind of sexual harassment at their workplace to be compliant with the POSH laws. The compliances include constitution of a distinct committee for redressal of complaints, drafting of a POSH policy, awareness for POSH laws, an annual return has to be filed mentioning the status of POSH compliance etc.
There is no “one size fits all” POSH policy that can be adopted. Each policy must be tailored to the company – as both the legal requirements and practical constraints on the company will vary with details including the size of the organization, the number of employees, the number of offices, the managerial structure and the nature of the business. At Vinay Academy, we work with companies to establish legally compliant and minimally cumbersome policies to give you maximum protection.
We provide POSH compliances and disputes using only the most qualified and best trained lawyers, with licenses to practice in Washington DC, New York, New Jersey and India. We provide services in-person, through our offices in Delhi and Gurgaon, and virtually, around the world. You can Contact Us any time through e-mail, phone, or WhatsApp.
There are innumerable laws governing the transfer and use of property – including regulations on construction, use, utilities, transfer, registration, rent, and more. This means that, whether you sell, lease, mortgage or rent property, sometime or another you will have to interact with the complex laws governing real estate. Certain acts bar the builders and promoters from advertising, marketing or inviting people to purchase any plots, apartments or buildings in real estate projects without due registration of such projects. Others provide for administrative clearances or alternative dispute redress mechanisms.
Given the complexity of the legal landscape, it can be highly beneficial to hire an expert real estate attorney when engaging in any real estate transaction. At Vinay Academy, our real estate lawyers are skilled in a variety of real estate services – initial due diligence, purchase agreements, title searches, builder-buyer agreements, lease agreements, power of attorney, transfer of documents and many others.
As the real estate sector has taken prominence, real estate fraud is also on rise. There are several different ways fraudsters can take advantage of the unwary purchaser. For instance, fake documents may be offered to sell property that is in another’s name, vacant land can be fraudulently transferred into another’s name, or a property may be simultaneously transferred to multiple buyers. In order to stay safe, it is important to conduct a thorough title search before finalizing any transaction.
At Vinay Academy, we come across numerous cases of fraud over the ownership, rights, or existence of property and have defeated many through our title searches. Our attorneys conduct a detailed inspection to find out the actual owner of the property in order to avoid trouble in the time ahead regarding the ownership of the property. They are skilled at handling all the different variations of search – finding succession, finding registration status, chain of title, and others – and can handle cases both domestically and abroad.
Selling your property – whether divesting an investment or relocating from your home – is no simple matter. First, property papers must be examined and a through title check is required – after which, both parties must come to a mutual understanding of the terms of sale and memorialize them in an agreement containing terms and conditions under which the seller aims to puts up the property for sale and the buyer aims to acquire it. Then, there are several documents which must be executing in the proper format and correct order – including the purchase agreement, sale deed, sanctioned plan, letter of allotment, encumbrance certificate and others.
At Vinay Academy, we help draft transfer deeds across a wide spectrum of circumstances and requirements – including sale by negotiation, auction, tender, or public offer. We handle every aspect of the transaction – from initial due diligence and valuation, through negotiating the terms of the property sale and converting verbally agreed terms between the parties into legally binding terms on a paper and executing all the necessary documents in an enforceable form.
Real estate is the most common form of investment – and for good reason. In the long term, property provides stable and secure returns due to the intrinsic value of property. However, the acquisition and sale of property constitute complex legal processes that require specific instruments, drafted carefully and in line with the specific legal requirements of the registry, the transaction and the property itself.
At Vinay Academy, we help draft transfer deeds across a wide spectrum of circumstances and requirements – including freeholds, life estates, partial interests, and temporary leases. Whether transferred through a sale, settlement, bequeathment, or gift, our lawyers can craft the perfect deed for your needs – ensuring the minimum possible levy of stamp duty and the secure registration of your title with the local registry.
Investing in property can seem like an easy and stable investment. There are several advantages to investing in real estate – including tax benefits and compliances like registration However, without knowing the market and the complex interweaving regulations that apply to it, investing in real estate can become more complex and risky than any other investment. In order to protect yourself, it is important to preform thorough due diligence to determine the viability of the investment and create a well drafted and detailed investment agreement is required in order to make the investment relatively safe.
At Vinay Academy, we help you ensure the security of your investment with comprehensive due diligence and assistance through every stage of entering into your investment agreement. From negotiating the terms of the property investment – keeping in mind your interest and needs – to converting verbally agreed terms between the parties into legally binding terms on a paper and executing the document in an enforceable form – our experienced legal team will help you draft a precise and unambiguous contract that protects your rights and interest in accordance to the law of the land. Our real estate attorneys will also guide you through the process of performance in cases of both cross border and domestic executions to ensure that your contract is fully executed to the letter of the law.
Builders promise many things before selling their property – such as timely delivery, refund guarantees, and amenities – but fail to stand by their promises when it comes to delivery. Buyers often accept any number of preconditions prior to a sale but become far less accommodating after the transaction is compete. In order to ensure both parties are on the same page, it is important to have a well drafted builder-buyer agreement between them. This agreement clears up the relationship between the parties and secures the rights of the buyer as well as the builder.
Entering into a Builder-Buyer Contract can be a tricky process. It includes an examination of the offered terms, negotiations between all parties as to the terms of the agreement, revising drafts of the agreement to solemnise the agreement, executing the final draft of the agreement in a legally valid fashion, and undertaking review of the contract at regular intervals in order to ensure compliance on all sides. At Vinay Academy, we work with builder buyer agreements across a wide spectrum of circumstances and requirements – including apartments, offices, homes, and home expansions. Our attorneys are skilled at every stage of the contractual process – from negotiation all the way through execution and review.
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