Corporate and Commercial- India
Advisory Services | Corporate & CommercialCorporate & Commercial
ATB Legal provides full-service corporate and commercial advisory to businesses at every stage of their India journey — from initial company incorporation and FDI structuring through to mergers, acquisitions, joint ventures, and ongoing governance and compliance. The practice is staffed by India-enrolled advocates with deep knowledge of the Companies Act 2013, FEMA, and India’s FDI policy framework. For European and GCC businesses entering India, and for Indian companies building cross-border structures, the firm’s dual presence in India and the UAE delivers a single advisory relationship across both jurisdictions.
Deep understanding of India’s corporate legal framework — from the Companies Act 2013 and FEMA to SEBI regulations — ensuring comprehensive solutions tailored to each client’s specific objectives.
Our Comprehensive Services
Whether a European business entering India for the first time, an established multinational managing ongoing compliance, a GCC-based investor structuring a cross-border acquisition, or an Indian company building the corporate infrastructure for international growth — ATB Legal’s India corporate team provides the advice and execution capability each mandate demands. Every engagement draws on precise knowledge of the Companies Act 2013, India’s FDI policy, and the regulatory frameworks of the jurisdictions relevant to each client.
Commercial Contracts and Agreements
Contracts are the foundation of every business relationship in India. ATB Legal drafts, reviews, and negotiates the full range of commercial agreements — from distribution, agency, and franchise agreements to manufacturing arrangements, technology licensing, and service contracts. Every document is structured against India’s contractual framework under the Indian Contract Act 1872, calibrated to the client’s sector-specific risk, and built to hold under both Indian courts and international arbitration.
Corporate Governance and Compliance
The Companies Act 2013 imposes detailed governance obligations on both domestic and foreign-owned Indian entities — covering board composition, director duties, statutory filings with the Ministry of Corporate Affairs (MCA), related-party transaction approvals, and annual compliance. ATB Legal advises boards, directors, and corporate secretaries on maintaining governance frameworks that satisfy the Act and the expectations of international shareholders, including SEBI disclosure obligations for listed entities.
Business Formation and Structuring
Selecting the right India entity structure is the first and most consequential corporate decision for any foreign investor. ATB Legal advises on the full range of structures — wholly owned subsidiaries, limited liability partnerships (LLP), branch offices, and joint ventures — evaluating each against the client’s sectoral FDI caps, repatriation requirements, liability profile, and operational intent. The team manages the complete incorporation process: MCA filings, PAN and TAN registration, RBI notifications under FEMA, and post-incorporation compliance.
FDI and Regulatory Advisory
India’s Foreign Direct Investment framework is administered jointly by the Department for Promotion of Industry and Internal Trade (DPIIT) and the Reserve Bank of India (RBI) under FEMA. ATB Legal advises foreign investors on sectoral caps, the distinction between automatic and government-approval routes, pricing guidelines for share transfers, downstream investment structures, and reporting obligations. For cross-border investments structured through the UAE — a growing route for European capital — the team’s dual-jurisdiction presence provides coordinated advice at every stage.
Mergers, Acquisitions, and Restructuring
ATB Legal advises acquirers, targets, and financial investors on the full M&A lifecycle in India — from pre-deal structuring and due diligence through to transaction documentation, regulatory clearances, and post-completion integration. The team handles share and asset purchase transactions, notifications to the Competition Commission of India (CCI) where applicable, NCLT-sanctioned mergers under the Companies Act 2013, and the governance of post-acquisition integration in compliance with Indian law.
Regulatory and Government Liaison
ATB Legal’s regulatory liaison practice supports businesses in navigating India’s layered approval and licensing environment. The team liaises with the Registrar of Companies (ROC), the Reserve Bank of India (RBI), the Securities and Exchange Board of India (SEBI), sector-specific regulators, and SEZ and GIFT City authorities on behalf of clients — handling licence applications, approvals, periodic filings, and compliance reviews.
FAQFrequently Asked Questions- Corporate and Commercial
- Do you handle cross-border M&A transactions involving India?
Yes. ATB Legal regularly advises on transactions where either the acquirer or the target has connections across India, the UAE, Europe, or other jurisdictions. The team supports clients on FEMA compliance, FDI pricing guidelines, CCI filings where required, and the coordination of multi-jurisdictional due diligence. The firm’s dual India-UAE presence is particularly relevant for GCC-based acquirers entering India and for European companies routing investments through UAE holding structures.
- What entity structures are available to foreign companies entering India?
Foreign businesses can enter India through a wholly owned subsidiary (WOS) incorporated as a private limited company, a limited liability partnership (LLP), a branch office, a liaison office, or a project office. Each structure carries different implications for FDI approval routes, repatriation of profits, liability exposure, and operational scope. ATB Legal advises on the optimal structure based on the client’s sector, investment size, and long-term India objectives.
- What FDI approvals are required to invest in India?
Most sectors allow FDI under the automatic route — no prior government approval is required, and the investor notifies the Reserve Bank of India (RBI) after the investment. Certain sectors — including defence, media, telecommunications, and financial services — require prior approval from the relevant ministry under the government approval route administered by DPIIT. ATB Legal advises on which route applies, prepares the necessary filings, and manages the regulatory interface throughout.
- How long does company incorporation typically take in India?
A straightforward private limited company incorporation through the MCA portal typically takes two to four weeks from submission of complete documentation, subject to ROC processing times. An LLP is broadly comparable. Structures requiring RBI approval or sector-specific licences take longer. ATB Legal manages the complete incorporation process and maintains working relationships with relevant authorities to minimise delays.
- What is the first step in structuring a business acquisition in India?
The first step is a structuring assessment: understanding the target entity’s type, the applicable FDI route and pricing framework, any CCI notification thresholds, and the most efficient acquisition vehicle. ATB Legal conducts this assessment before any transaction documentation is prepared, ensuring the structure is commercially and regulatorily sound before commitments are made.
Uncompromising QualityWhy ATB GENERAL CORPORATE
Strategic Legal Expertise
ATB Legal’s India corporate practice draws on deep experience across the Companies Act 2013, FEMA, SEBI regulations, and the evolving FDI policy framework — building corporate structures that are fully compliant and positioned for long-term commercial growth.
Regulatory and Governance Excellence
Every corporate action — whether incorporation, restructuring, governance review, or compliance filing — is executed with precision and aligned with MCA requirements, RBI guidelines, SEBI obligations, and the specific regulations of each relevant free zone or SEZ authority.
Tailored Corporate Advisory
ATB Legal’s corporate documentation and advisory services — from shareholder agreements and investment agreements to internal governance policies and constitutional documents — are crafted to reflect each client’s ownership structure, operational objectives, and risk profile. No templates; every document is purpose-built.
Cross-Border Capability and the India-UAE Corridor
For businesses operating across India and the UAE, ATB Legal provides coordinated advisory under a single relationship — covering company law, FDI, and regulatory compliance in both jurisdictions without duplication. This is a structural advantage that no single-jurisdiction firm can replicate, and it is particularly valuable for the growing number of European companies that enter India through a UAE holding structure.
Efficient, End-to-End Execution
Strong working relationships with the Registrar of Companies, the RBI, NCLT benches, free zone authorities, and notaries enable ATB Legal to deliver incorporations, restructurings, and filings swiftly and transparently — minimising procedural friction and keeping clients informed at every stage.
Integrity and Client Partnership
ATB Legal is committed to the highest standards of confidentiality, ethical practice, and professional candour — including when the most useful advice is to caution against a transaction, restructure an approach, or escalate a governance concern before it becomes a liability.
Meet The Core Team
Our Team of
Lawyers and Experts
LLB, MBA
George Mathew
CA
Pauls MI
LLB
Hemakshi Prabhu
Micro Case Studies
Representative Experience
Share Acquisition Advisory
Represented companies and proprietorships in share acquisitions involving both listed and unlisted entities across multiple jurisdictions and entity structures. The mandate included transaction structuring, drafting Share Purchase Agreements and ancillary documents, and ensuring full compliance with applicable corporate and regulatory requirements under the Companies Act 2013 and FEMA.
Restructuring and Regulatory Compliance for Financial Services Entities
Advised regulated financial services entities on comprehensive internal restructuring, including the design of governance frameworks and renegotiation of internal agreements. Provided ongoing legal support to ensure compliance with Reserve Bank of India (RBI) regulations and to resolve related legal and operational matters arising from the restructuring.
Investment Advisory for Private Companies and Regulated Entities
Advised private limited companies and regulated financial entities on fund-raising and investment transactions. The engagement covered deal structuring, drafting, reviewing, and negotiating Investment Agreements, and preparing supporting legal documentation in line with applicable regulatory frameworks including SEBI and RBI guidelines.
Cross-Border Joint Ventures
Advised business groups on cross-border transactions and joint ventures with entities incorporated in Cyprus, Hong Kong, Korea, and Mozambique, among others. The role included providing structuring advice, drafting and vetting transaction documents, coordinating with international counsel, and liaising with relevant authorities to obtain required approvals for multimillion-dollar ventures.
Fund Formation for Succession Planning
Advised a leading business group on establishing a fund for succession planning purposes. The scope of work included advising on the formation process, preparing and submitting the registration application, identifying and coordinating with qualified service providers, and drafting constitutional documents and bye-laws in accordance with applicable regulations.
Incorporation under a Special Economic Zone
Assisted a renewable energy company with full-scope incorporation under a special economic zone framework. The mandate covered regulatory coordination across applicable licensing and KYC requirements, document execution, and ongoing liaison with zone authorities throughout the establishment process.
Corporate Re-domiciliation between Jurisdictions
Conducted a legal feasibility assessment and executed the complete re-domiciliation of a company between two regulatory jurisdictions. The role encompassed drafting and notarising requisite documents — including no-objection certificates, memoranda of association, and powers of attorney — coordinating with both relevant authorities, managing licence and lease transitions, and ensuring employee continuity throughout the process.
Represented companies and proprietorships in share acquisitions involving both listed and unlisted entities across multiple jurisdictions and entity structures. The mandate included transaction structuring, drafting Share Purchase Agreements and ancillary documents, and ensuring full compliance with applicable corporate and regulatory requirements under the Companies Act 2013 and FEMA.
Restructuring and Regulatory Compliance for Financial Services Entities
Advised regulated financial services entities on comprehensive internal restructuring, including the design of governance frameworks and renegotiation of internal agreements. Provided ongoing legal support to ensure compliance with Reserve Bank of India (RBI) regulations and to resolve related legal and operational matters arising from the restructuring.
Investment Advisory for Private Companies and Regulated Entities
Advised private limited companies and regulated financial entities on fund-raising and investment transactions. The engagement covered deal structuring, drafting, reviewing, and negotiating Investment Agreements, and preparing supporting legal documentation in line with applicable regulatory frameworks including SEBI and RBI guidelines.
Cross-Border Joint Ventures
Advised business groups on cross-border transactions and joint ventures with entities incorporated in Cyprus, Hong Kong, Korea, and Mozambique, among others. The role included providing structuring advice, drafting and vetting transaction documents, coordinating with international counsel, and liaising with relevant authorities to obtain required approvals for multimillion-dollar ventures.
Fund Formation for Succession Planning
Advised a leading business group on establishing a fund for succession planning purposes. The scope of work included advising on the formation process, preparing and submitting the registration application, identifying and coordinating with qualified service providers, and drafting constitutional documents and bye-laws in accordance with applicable regulations.
Incorporation under a Special Economic Zone
Assisted a renewable energy company with full-scope incorporation under a special economic zone framework. The mandate covered regulatory coordination across applicable licensing and KYC requirements, document execution, and ongoing liaison with zone authorities throughout the establishment process.
Corporate Re-domiciliation between Jurisdictions
Conducted a legal feasibility assessment and executed the complete re-domiciliation of a company between two regulatory jurisdictions. The role encompassed drafting and notarising requisite documents — including no-objection certificates, memoranda of association, and powers of attorney — coordinating with both relevant authorities, managing licence and lease transitions, and ensuring employee continuity throughout the process.
Free Legal Consultation
ATB Legal's India corporate team advises on incorporations, FDI structures, acquisitions, joint ventures, and ongoing governance — delivering clear, commercially grounded counsel for businesses at every stage. Speak to the team before your next corporate decision.