How to Conduct Legal Due Diligence for an Acquisition
Buying a company involves more than agreeing on a price and signing transaction documents. The buyer needs to establish what is being acquired, who owns it, which liabilities may follow the transaction and whether the proposed deal can legally be completed. Legal due diligence provides the framework for answering these questions before the acquisition becomes […]
How to Resolve a Shareholder Dispute in India
A shareholder dispute can affect ownership rights, voting power, management control and the financial interests of a company. Such disputes commonly arise in closely held companies, family businesses, start ups, joint ventures and companies backed by private investors. The correct legal response depends on the nature of the grievance. A dispute involving oppression may require […]
How to Recover Possession of Property From an Occupant
Recovering possession of property from an occupant in India depends on the legal basis of occupation, the claimant’s right to possession and the circumstances in which possession was lost. The phrase recover property possession can cover several different situations, including an overstaying tenant, an unauthorised occupant, a trespasser, a former licensee or a person claiming […]
How to Stop Patent Infringement in India
Patent infringement can seriously affect the commercial value of an invention. A competitor may manufacture a protected product, use a patented process, offer the invention for sale, or import it into India without permission. If you discover possible patent infringement, the response needs more than a simple objection. It requires careful claim analysis, evidence preservation, […]
What to Do if Someone Uses Your Trademark in India
If another business starts using your brand name, logo, label, slogan or a deceptively similar mark, the issue may amount to trademark infringement. The appropriate response depends on whether your mark is registered, how the other party is using it, the goods or services involved, and whether consumers are likely to believe there is a […]
How to Enforce an Arbitral Award in India
An arbitral award is intended to bring a commercial dispute to an end. Yet obtaining the award does not always result in payment. If the losing party refuses to comply, the successful party may need to enforce arbitral award proceedings before an Indian court. The route depends on whether the award is a domestic award […]
How to Recover Money From an Insolvent Company
Recovering money from an insolvent company requires a different strategy from ordinary debt recovery. Once insolvency proceedings begin, an individual creditor cannot usually pursue the company as though it were a normal commercial debtor. The insolvent company recovery process is governed primarily by the Insolvency and Bankruptcy Code, 2016, along with the applicable regulations and […]
How to Restructure Business Debt for an MSME
MSME debt restructuring can help a viable business manage repayment pressure when existing loan terms no longer match its cash flow. Restructuring may involve changing repayment schedules, extending the loan period, providing a moratorium, converting certain dues into another facility or making other changes permitted under the applicable banking framework. It is not an automatic […]
How to Recover Unpaid Business Dues in India
Unpaid business dues can put pressure on cash flow, delay salaries and affect a company’s ability to meet its own obligations. Unpaid business dues may arise from an unpaid invoice, delayed payment under a service agreement, outstanding purchase price, consultancy fee, contractor payment or other commercial transaction. Indian law provides several routes for recovery. The […]
Using Trademarks as Collateral: A Strategic Financial Tool for Indian Businesses
Introduction In India’s increasingly knowledge-driven economy, intellectual property (IP) – particularly trademarks – has emerged as a valuable asset class. Trademarks convey brand identity and goodwill, making them potentially lucrative security for loans. Under Indian law, a registered trademark is an intangible property right that the proprietor can assign or pledge to lenders under certain […]