Khairnar Associates

We advise clients on a broad spectrum of corporate and commercial work and focus our energies on finding viable and sustainable solutions, bespoke to a client’s needs and requirements.

Whilst drafting or reviewing contracts and during negotiations we inform and advise the clients of their contractual rights, obligations, identify potential exposure and risks and the remedies available. We understand that a carefully negotiated and drafted contract is the best way to protect a client’s interest.

We advise clients on the formation of business entities in India under the Companies Act, the Limited Liability Partnership Act and the Partnership Act (as required) which includes the drafting of pre-incorporation documents. We advise our clients on shareholder issues, shareholder or joint-venture agreements, share purchase and share subscription agreements as well as advice on issues relating to RBI and SEBI regulations and compliance.

We draft and negotiate a vast array of commercial transactions that include Power Purchase Agreements, Service Agreements, Consultancy and Employment Contracts, Escrow Agreements, Term Sheets, Non-Compete and Non-Disclosure Agreements, Terms of Use, Vendor Contracts, Distributorship Agreements, Brand-License Arrangements, Promotion and Sponsorship Agreements etc.

Our scope of work includes advising our clients on mergers, joint ventures, acquisitions and sales of controlling interest, minority sales and investment, pre-IPO placements, management buy-outs, business transfers and asset sales.

We understand the value of strategizing the most viable plan in order to obtain the desired outcome and even advise clients to arrive at settlements if litigation can or should be avoided. Our in depth knowledge of the judiciary and procedural laws have allowed us to devise strategy for complex and high stake litigation.

Our team is adept in handling all types of commercial litigations and arbitrations which extends across all avenues of dispute resolution and across diverse sectors such as banking and finance, construction and engineering, insurance claims, corporate, employment and pensions, employee benefits, financial services, fraud and financial crime, group litigation, professional negligence, real estate, restructuring and insolvency, trusts and succession, probate matters and cases under the Negotiable Instrument Act. We advise on litigating with the government by way of constitutional writs and disputes involving real estate projects, partnership and shareholder disputes, money recovery claims, insurance claims, intellectual property disputes and proceedings in relation to liquidation of companies. We also regularly represent clients in disputes on inheritance. We draft and negotiate settlement agreements. The firm has in the past represented clients in major corporate settlements.

We represent all kinds of clients which include public listed companies, private companies, partnership firms, banks and financial institutions, developers, individuals and Trusts before the Supreme Court of India, High Courts, District Courts, National Company Law Tribunal (NCLT), National Consumer Disputes Redressal Commission (NCDRC), National Company Law Appellate Tribunal (NCLAT), Charity Commissioner under the Maharashtra Public Trusts Act, 1950, Estate Officer under the Public Premises Act, 1971, Debt Recovery Tribunals (DRT), Debt Recovery Appellate Tribunal (DRAT), Securities Appellate Tribunal (SAT), Securities Exchange Board of India (SEBI), Central Board of Film Certificate (CBFC) and Film Certification Appellate Tribunal (FCAT). We have handled large cases that require keen litigation skills and strategic vision.

Our firm understands the value of ideas and innovation and strives to safeguard the rights in the intellectual capital of our clients who range from Indian and Multi-national companies, start-ups, financial institutions.

We have vast experience in drafting, vetting and negotiating an array of contracts, agreements, assignments, licenses including the documentation required for launch of television channels, production of serials and syndication agreements for licensing of rights in cinematographic works to various digital platforms. Our Team has also assisted various producers and production houses on various contracts with artists, music composers, writers, cast and crew members and other related parties along with advising numerous producers, artists and other contributories on legal issues relating to intellectual property rights and regulatory and compliances work in respect thereof.

We advise our clients on how to create, protect, safeguard, enforce and monetize valuable intellectual property assets ranging from trademarks, domain names, patents, copyrights and designs to confidential information. We have negotiated transactions with numerous international brands which include franchisee, supply and distribution arrangements in the single and multi-brand retail spaces and understand the nuances that go into ensuring that the clients’ interests are always well protected. The Firm has recently concluded transactions involving the entry of multiple well-known international brands into India.

We also advise on the registration of Trade Marks and assist with making applications for Registration of Trade Marks. We deal with a variety of Copyright assignment and related agreements for various works such as literary, musical, dramatic, artistic works etc. Our team is experienced in drafting reviewing and advising on agreements relating to development, licensing and acquisition of software. We also undertake matters involving Legal metrology, labelling and packaging, digital content and censorship.

Given the evolving landscape of the Indian Economy which includes the ever changing legal and regulatory regime in India, we believe that the strength of our white collar practice is bolstered by the skills of our related teams, in particular, our banking and finance, corporate, and dispute resolution.

We handle criminal proceedings in a corporate context and offer exceptional skills in dealing with white collar crime issues. We regularly advise clients on matters involving anti-corruption and scams. Our scope of works also includes matters of anticipatory bails, quashing of complaints, quashing of charge sheets, quashing of FIRs and liaising with investigating agencies to provide end to end management of breach of security and fraud incidents. We represent various clients against whom proceedings under various statutes are initiated by regulatory authorities concerning compliances such as the Companies Act, Environment Protection Act, Income Tax Act.

We understand the need for the preservation of the client’s estate for the benefit of the heirs whilst minimizing the possibility of conflicts and advise our clients’ accordingly. We regularly advise on the community specific personal laws as may be applicable to clients in India. Our Estate Planning, Trusts and Private Client practice provides discreet advice to a range of clients, including high net-worth individuals, trustees and family offices.

We advise clients on the formation of private trusts and the execution of wills, property succession, preservation of wealth, wealth planning, inheritance of ancestral property, trust deeds, gift deeds, probate applications and inheritance to enable them to plan for their succession in the most effective manner in order to avoid potential conflicts in respect thereof.

We regularly draft Indentures of Trust, Wills and Codicils. We also represent the executors and legal representatives of estates to obtain probate or letters of administration, and offer our advice during the course of the execution of estates. We regularly advise various private and public charitable trusts.

We understand the sensitive nature of family affairs and this enables us to develop the kind of plan that is best suited to the client’s individual aims and objectives. Our scope of work includes family arrangements, property settlements and family disputes related to property all the while maintaining the firm belief that settlement.