Advice on comprehensive legal solutions and legal planning on all aspects of business, including: issues under Company Law & Exchange Control Regulations; maintaining statutory records, acting as a Corporate Secretary to Directors and Shareholders; mergers and amalgamations, takeovers, technical and financial collaborations; listing of securities on Stock Exchanges; labour laws and employee related issues; bouncing of cheques; sales, purchase and commercial contracts, distribution and marketing agreements; third-party manufacturing agreements; purchase and sale of immovable properties and advice on legal planning of business methods and processes.
Initiating or protecting or perfecting by appropriate legal proceedings, rights, claims, demands of clients in proper jurisdiction at proper forums, whether in India or outside India. This includes: advice on show cause notices, suits to be filed by the clients and against the clients, before various Tribunals, other Quasi-Judicial Authorities, Company Law Board, Civil Courts at all levels, Criminal Courts at all levels, Consumer Courts, Competition Commission, Co-operative Courts, Debt Recovery Tribunals, High Courts and Supreme Court, Writ Petition, Special Leave Petition or other proceedings and all other forms of litigation for creation or protection of rights and properties. Litigation is pursued vigourously, always keeping an eye out for an opportunity to settle the matter out of court to the satisfaction of clients.
Advice on mergers, alliances and collaborations, corporate restructure and re-organization, import and export regulations, employment law and practice, choice of business entities, forming a limited liability company and managing the same, reporting requirements, formation of wholly-owned subsidiary, joint venture, Foreign Direct Investment: Automatic route, government approval route, procedure for obtaining government approval, industrial licencing, foreign technology agreements, entry options for foreign investors, exchange control management, industrial relations and exit options.
Advice on business ethics, ethics of management, social responsibility of business, ethical aspects of corporate policy, fair trade practice and unfair trade practice, ethical dilemmas in business and in cross-cultural set-up and drafting ethical code.
Advice on good corporate governance, how to enhance long term shareholder value, importance of corporate mission, the role of various constituents of corporate governance: Board of Directors, management, stockholders, role of Independent Directors and how to create leaders of tomorrow for managing change, measures of corporate governance under Company Law and Listing Agreement, corporate governance practice in developed countries, corporate governance under the Sarbanes – Oxley Act 2002 and rules framed by the SEC, Combined Code on Corporate Governance of July 2003, UK.
Advice on WTO Agreement and World Trade Organisation, General Agreement on Trade and Tariff, Agreement on Anti-Dumping Measures, Customs Valuation, Technical Standards, Sanitary and Phytosanitary Measures, Rules of Origin, Subsidies and Countervailing Measures, TRIPS and TRIMS, Agreement on Textile Clothing, Trade in Services and Dispute Settlement Mechanism, Information Technology and e-Commerce.
Advice on how to protect various intellectual properties, including trademarks, patents, copyrights, designs, geographical indications, layout designs, industrial designs and undisclosed/confidential information.
Advice on new patent regime which came into force on January 1, 2005.
Practice in Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; advice on grant of certificate of registration to commence/carry on the business of Securitization Companies or Reconstruction Companies. Also, advice on the provisions of Securitization Company and Reconstruction Company (Reserve Bank) Guidelines and Directions 2003, Guidance notes for Securitization Companies and Reconstruction Companies issued by RBI and Guidelines for sale of financial assets to Securitization Companies and Reconstruction Companies, and related issues.
Legal planning and Litigation relating to The Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Consumer Protection Act, Competition Act, Drug and Cosmetics Act, SEBI Act and Rules.
With Mr. Mallar’s vast years of experience as a Professor of Law, Ethics and Corporate Governance, MLC specializes in imparting legal training to the industry in the areas of Sales & Marketing, General Administration, Professional Management, Business Ethics and Corporate Governance. Corporate Governance includes legal requirements of governance under Companies Act and Listing Agreement, and also requirements under Sarbanes – Oxley Act for American multinational companies in India.
Advice, legal planning and initiating or protecting or for perfecting appropriate proceedings in any jurisdiction, before any forums, whether in India or outside India for Indian or Foreign clients, on various laws, particularly:
What is a Fair Trade Practice?
Various consumer protection laws
Restrictive Trade Practices & Unfair Trade Practices (now known as Practices Causing Adverse Effect on Competition)
Role of Competition Commission
Power of Competition Commission
Consumer redressal forums and their jurisdiction
Who can file a complaint?
What constitutes a complaint?
Relief available to consumers
What is a trade secret?
Importance of Trade Secrets in today’s information society
Does India have protection against theft of Trade Secrets?
Provision of USA Law: Economic Espionage Act of 1996
Distinction between Economic Espionage and theft of Trade Secrets
What information is entitled to be treated as confidential information?
What action constitutes theft of Trade Secret?
Penalties
What are the precautions to be taken?
Preventive Measures
Different forms of business presence in India
Liaison Office
Project Office
Branch Office
Indian Subsidiary (Joint Venture)
Wholly Owned Subsidiary
Methods of control of Indian Branch Office/Project Office/Liaison Office by foreign Head Office
Control of Indian Subsidiary
Transfer of profits and funds
Transfer pricing
Responsibility of foreign parent company
What is IPR?
Treaties in the field of IPRs
Trademark
Famous Trademarks
Brand development
Applicable law in India
Registration of Trademark
What Trademarks cannot be registered?
Who can apply for registration
Procedure for registration of Trademark
Remedies against violation of Trademark
Patents
What is a Patent?
Who is a Patent Holder?
Changes to the Patent Act consequent to WTO
Rights & Obligations of the Patent Holder
Inventions not patentable under the Patents Act
Can a suit for infringement of Patent be instituted?
What are the Reliefs admissible?
Copyright
What is a Copyright?
Administration of Copyright Act, 1957
Is registration of Copyright essential?
Can a suit for infringement of Copyright be instituted?
Administration of The Designs Act, 1911
Where to file an application for registration of Designs?
Criteria for registration of Design
What is WTO?
Uruguay Round of Multilateral Trade Negotiations
7 areas covered by TRIPs
Major difference between TRIPs and Indian Patents Act, 1970
Compulsory License in TRIPs
Advantages in TRIPs
Status of compliance with TRIPs
Laws governing Purchase Contract
Legal analysis of the Purchase Contract
Floating a tender and its legal implication
Ingredients of a valid Purchase Contract
Distinction between the Sale and the Agreement to Sell
Passing of Property and Passing of Risk
Implied conditions and warranty
Leasing and hire-purchase
Product liability
Supreme Court judgement
Guidelines on sexual harassment at the workplace
Current status
New law pronounced by the Supreme Court
Policy on sexual harassment
What amounts to sexual harassment of women at the workplace?
DOs and DON’Ts
If a cheque bounces back, what is the remedy?
Prosecution under Section 138 of Negotiable Instruments Act
Conditions to satisfy prosecution
Is the offence a cognizable offence?
Whether bouncing of cheque pursuant to stop-payment instruction can be prosecuted?
Initiating or defending any legal action under the Act
Advice on grant of certificate of registration to commence/carry on business of Securitization Companies or Reconstruction Companies
Advice on provisions of Securitization Company and Reconstruction Company (Reserve Bank Guidelines & Directions)
Advice on all other guidance notes issued by RBI and other guidelines related to the Act and the Rules
Things that a manager should know about Criminal Law
What is an offence?
What is bail?
What is a bailable offence?
Non-bailable offence
Cognizable and non-cognizable offence
When is a warrant required?
Confessional statement
What is an FIR?
What are the rights of a Police Officer?
Private Defence
What to do in a car accident?
Driving Licence
Compensation for victims in an accident
Cheque Bouncing
Business Ethics and Development of Credo
Social responsibility of business
Dilemmas in cross-cultural setup
Role of Directors in corporate governance
The Sir Adrian Cadbury report
The Kumaramangalam Birla report
SEBI guidelines
Provisions in the Companies Amendment Act, 2000
Advice on compliance of IT Act
Initiating and defending cases under the Act
Advice on Arbitration & Conciliation Act, 1996
Initiation and defending arbitration cases
Acting as arbitrators
Advice on Mediation & Conciliation
MLC specializes in imparting legal training to management staff in the areas of Sales & Marketing, Manufacturing, Research & Development and General Administration. This training covers Corporate Laws, Mercantile laws, Intellectual Property Laws, Consumer Protection Laws, TRIPs under WTO, Excise & Customs, Factories Act, Labour Legislation, and the Drugs and Cosmetics Act. MLC’s expertise in all the branches of laws that are applicable to business translates into training that will help managers solve all legal problems. Consequently they will also learn to legally plan their area of responsibility.
Foreign Exchange Regulations
Ensuring compliance with the provisions of FEMA
General advice on legal planning under FEMA
Excise & Customs
Interpreting and advising organizations for compliance with the provisions of excise, custom imports and export regulation
Advice on excise and customs problems pending before any Courts, Customs or Excise Tribunals
Drafting of agreements, documents relating to distributorships, sale agreements, contract-manufacturing agreements, purchase of immovable and movable properties, leave and license agreements, loans, powers of attorney, commercial contracts, indemnities, guarantees
Assisting management in initiating legal proceedings for recovery of debts due to the organization before they are time-barred
Acting as legal advisors and representing organizations as legal representatives in all legal matters; liaising with the Government, local bodies, trade associations, consumers and creditors
Advising management on commercial laws, legal planning of operations in India and provision of legal services on problems in connection with day-to-day business in India
Advice on changes in legislations in India which may be of interest, and interpretation of the effect of such changes on the business of the organization.
