Fox Mandal’s corporate practice offers legal support across the full corporate lifecycle, from structuring and setting up operations in India to regulatory compliance, commercial contracts, restructuring, dispute resolution and M&A transactions.
Talk to our Experts!Doing business in India presupposes steering through legal challenges and hurdles right from deciding among the various entry options, examining funding opportunities, obtaining various permits, registration, investor protections, contracting, export-import related obligations, intellectual property protection, handling tax and employment matters, etc.
Fox Mandal’s corporate practice offers legal support across the full corporate lifecycle, from structuring and setting up operations in India to regulatory compliance, commercial contracts, restructuring, dispute resolution and M&A transactions.
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Senior Partner
Senior Partner
Partner
Setting up and running a company in India involves compliance under the Companies Act, 2013, sector-specific regulations and, for foreign investment, the Foreign Exchange Management Act (FEMA), 1999. Fox Mandal & Associates LLP’s corporate team advises Indian and foreign businesses at each stage, from entity structuring and company registration through to corporate governance, contract drafting and regulatory filings, supporting a business from formation through to maturity.
Company formation can take one of several routes depending on the proposed business, and the team advises on the procedure for private limited, public and other entity types, including startups. Similarly, incorporation of limited liability partnership (LLP) as a distinct corporate entity is also supported by the firm as an alternative to incorporation of company wherever feasible. This covers the full registration process from name reservation through to the certificate of incorporation together with ongoing corporate compliance, ROC filings and company secretarial / corporate secretarial support.
Much of the practice involves FDI and ODI advisory: helping foreign entities navigate FDI policy and complete inbound investment, and helping Indian companies / LLPs structure outbound investment, in line with FEMA and Reserve Bank of India guidelines. The team also advises on corporate restructuring, including demergers, mergers and fast-track mergers under the Companies Act, LLP Act and represents clients before the Competition Commission of India (CCI), the National Company Law Tribunal (NCLT) and the appellate forums.
For standalone M&A mandate including legal due diligence, deal structuring, transaction documentation, regulatory support and post-merger integration, the firm’s dedicated Mergers and Acquisitions practice works alongside the corporate team on both cross-border and domestic deals. This extends to structuring joint ventures, closely held entities, drafting commercial agreements and, on the dispute side, corporate and commercial litigation before Indian courts and tribunals.
Dispute-related work also covers arbitration, mediation and conciliation: the team drafts appropriate arbitration agreements into the underlying commercial contracts and represents clients in domestic and international commercial arbitration arising from corporate and commercial disputes, alongside its broader corporate advisory work.
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Company registration in India is typically completed through the Ministry of Corporate Affairs (MCA) portal under the Companies Act, 2013, and involves reserving a company name, filing incorporation documents, and obtaining a Certificate of Incorporation, along with related PAN, TAN and GST registrations. Exact steps and timelines depend on the entity type and sector. Similar activity for LLPs is carried out under the Limited Liability Partnership Act, 2008.
A fast-track merger is a simplified merger process under the Companies Act, 2013, available for certain categories of companies without requiring approval from the National Company Law Tribunal. The categories of companies eligible for this route should be confirmed at the time of filing, as they have been expanded over the years.
FDI (Foreign Direct Investment) refers to investment made by foreign entities into an Indian company, while ODI (Overseas Direct Investment) refers to investment made by an Indian entity into a company or venture outside India. Both are regulated under FEMA, FDI Policy, OI (ODI) Regulations and related RBI guidelines.
Yes. FMA's corporate team represents clients in proceedings before the Competition Commission of India (CCI), the National Company Law Tribunal (NCLT), offices of the Regional Director, various regulatory bodies and their respective appellate bodies, in addition to advisory work.
The M&A process typically involves preliminary due diligence, deal structuring, negotiation of the merger agreement or share purchase (acquisition) agreement, shareholders agreement, ancillary agreements, and regulatory approvals where required, such as under competition law or from authorities due to sector-specific regulations or PN3 / PN2 approvals due to the domicile of the acquiring entity or its beneficial / intermediate owners. The exact process and timeline vary depending on the transaction and the regulatory aspects involved.
Yes, subject to applicable foreign investment norms under FEMA and sector-specific restrictions. The registration process follows the same framework under the Companies Act, 2013 as for an Indian-owned company, with additional compliance steps for foreign shareholding under the FDI Policy.
Corporate litigation covers disputes arising from company law matters, such as approvals mandated under Companies Act or LLP Act, shareholder disputes, breach of contract claims, compliance breaches, corrective actions, adjudication of penalties, compounding applications for corporate defaults / misdemeanours and disputes connected to a business transaction, generally handled before civil courts, the NCLT, or other relevant forums depending on the nature of the issue.
A merger agreement is the contract that sets out the terms of a merger (amalgamation) between two or more companies, including valuation, the exchange ratio for shares, conditions to closing, and representations and warranties given by the parties.
A demerger involves splitting one or more business divisions (undertaking) of a company into a separate entity, while a merger (amalgamation) combines two or more companies into one. Both are structured and approved under the Companies Act, 2013, though the process and objectives differ.
Yes, joint venture structuring, including negotiating shareholder agreements, regulatory approvals and governance arrangements between the parties, is generally handled alongside the firm's broader corporate and M&A practice.
Company registration generally requires identity and address proof for directors and shareholders, shareholders’ and beneficial owners’ documentation, proof of the registered office address, and the company's constitutional documents, such as the Memorandum of Association and Articles of Association. Specific requirements can vary by entity type.
Yes, the team regularly drafts and reviews commercial contracts, such as vendor / supply agreements, distribution agreements and service agreements, trade agreements, inter-company agreements, loan agreements, as part of its broader corporate advisory work.
Certain mergers and acquisitions that cross specified asset or turnover thresholds require prior approval from the Competition Commission of India to ensure the transaction does not adversely affect competition in the relevant market.
Yes, post-merger integration, including aligning corporate governance, contracts and compliance processes between the merging entities, is generally handled alongside the firm's M&A and corporate advisory work.
Yes, the corporate team advises businesses of varying sizes, including startups, on entity structuring, registration, availing benefits from state and union government schemes and related compliance matters as part of its company law practice. In order to support start-ups, FMA offers discounted fee rates and / or deferred as well as non-conventional fee arrangements.
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