Bacc profile 2016 2017

-: Confidential:- (Provided on request only)

-: Profile: - BACC

BACC Brevet Advocates & Corporate Consultants

IIIrd Floor,

Ch.Sher Singh Complex, Main Dadri Road,

Near Yamaha Vihar, Sec-49, Barola,

Noida-201301

Also at

1st Floor 113, sector 28, Faridabad

Mob. +91 9971929639, +91 8527747639

Email. [email protected]

www.bacclegal.com

mailto:[email protected]

http://www.bacclegal.com/


ABOUT US

Brevet Advocates & Corporate Consultants (BACC) is a leading law firm with full

service in India comprising over 85 lawyers and consultants in all over India,

including 15 Associates. Brevet Advocates & Corporate Consultants (BACC) has

amassed an enormous amount of knowledge capital that has been built over a

period of time. The Firm’s depth of experience and comprehensive industry focus

and dedicated legal services distinguish us from other law firms and inspire our

clients’ and colleagues’ loyalty and satisfaction.

We strive to maintain client relationship and have stayed with success in client

satisfaction. We are conscious of client demands and are proactive to their needs.

We also provide quick and practical responses, take ‘ownership’ of assignments to

facilitate smooth and efficient completion and constantly strive to assist clients in

achieving their goals.

We are a team of qualified and seasoned professionals. Some of our lawyers are

qualified Company Secretaries and Chartered Accountants too. Brevet Advocates

& Corporate Consultants (BACC) take great pride in consistently adopting the

highest international standards on all client matters and transforming the landscape

of the Indian law practice.

The firm has accumulated considerable practical experience based on profound

understanding of all shades of India’s legal realities, social, economic and political

developments, the local culture, the mentality and expectations of the investors.

The firm offers pioneering results, to the legal and business challenges presented

by today’s surfacing global markets.

The firm’s philosophy and commitment towards its clients embrace the highest

level of accessibility, integrity, quality and responsiveness.

VISION

Our vision is to foresee the legal challenges in new era, when social and

economical changes take places, and to contribute towards the social and economic

growth of the country by providing the best law practice.

MISSION


BACC is committed to provide professional and trusted legal services that assist

businesses as well as individuals in operating sustainably. We strive to achieve

results by implementing sustainable business practices in every possible way, to

help us, and our clients, to become driving forces toward a new economy.

Our Management

Sanjeev Baliyan Advocate

Associate Partner & Founder Chairman

A legal professional with quality experience as Advocate/Consultant/Govt. Liaison. More

than 8 Years of experience in Law/ legal in the diverse areas of Company Law/ Employment

Law/ Labour Laws/insurance/construction/ banking & financial laws/ marriage & divorce,

power/ energy laws, education laws and telecommunication laws.

Handling/ conducting litigation before the Hon’ble Supreme Court of India, Hon’ble High

Court of Delhi, District and Sessions Courts in NCT of Delhi and NCR, National& State

Consumer Commissions, DRT & DRAT, Central Administrative Tribunal(CAT),Forest

Tribunal, BIFR & AAIFR, Company Law Board, TRAI, TDSAT, Electricity Appellate Tribunal,

MRTP Commission, IRDA, Competition Commission of India / Security Exchange Board of

India (SEBI), Securities Appellate Tribunal’s and other various fora and authorities.


Rashmi Baliyan Advocate

Associate and Managing Partner

An astute Legal Professional with LL.M in Business Law from Amity Institute of

Advance Legal Studies, Amity University and LL.B from Goa University. Having

deep understanding in Business Laws, good exposer to research work, having more

than 5 years experience as corporate Lawyer.

Presently working as independent lawyer, handling the cases in various courts like,

High Court, District Court, DRT, DRAT, MACT, IRDA, Consumer Court (District

Consumer, State Consumer, National Consumer courts) Competition Commission

and Security Exchange Board of India (SEBI) etc.

Associates / Consultants & Lawyers

Brevet Advocates & Corporate Consultants (BACC) is a leading law firm with full

service in India comprising over 85 lawyers and consultants in all over India,

including 15 Associates


OUR PRACTICE AREAS:

1. Corporate Law Practice

Objective & Applicability

Corporate laws cover the legal aspects of businesses related to incorporation;

business operations and development of companies who have separate legal entity

are incorporated or registered under the provisions of company law, with limited

liability for its shareholders. Shareholders control the company through a board of

directors which, in turn, typically delegates control of the company’s day-to-day

operations to a full-time executive. In managing corporate legal aspects, one has to

understand the unique environment in which they operate to achieve key business

objectives. Corporate laws cover all the legal processes needed for a business from

starting to winding up of a business entity.

The Areas of our expertise are:

Conducting Due-diligence

Managing Negotiations

Preparation and finalization of Agreements

Liaising with requisite authorities for necessary permissions

Execution and completion of the Transaction

Advice relating to the Takeover Code

Our Services Includes:-

Pre winding up legal audit and consultation

Conducting Legal procedure for winding up a company

Handling winding up process before govt. authorities/tribunal/court


2. Banking and Finance:

Our experience is deep and diverse and includes representing banks and financial

institutions in full range of financial disputes before courts and tribunals.

Debt recovery tribunal (DRT) & Debt Recovery Appellate tribunal(DRAT),

We provide the Legal Advice & Legal Services in India for Debt Recovery

Tribunal, Credit Debt, Debt Management, Debt Relief, Debt Advice, Debt

Solution, Debt Settlement, Bad Debt, Debt Consolidation, Debt Recovery, Debt

Collection, India Debt, Debt Equity, Debt Ratio, Debt Market, Debt fund, OTS:

One Time Settlement & NPA: Non-Performing Assets.

Arbitration and Dispute Resolution

Negotiation

Conciliation

Preparing and presenting the case before arbitrator

Domestic and International Arbitration

Enforcement of Awards

We (BACC) assist our clients with resolution of disputes in all areas of general and

special practices, including commerce, industry and finance. Our highly qualified

& experienced attorney make an effort to prevent disputes by ensuring proper

documentation and by tactfully handling the case/ dispute etc. Our Law Firm

strives to achieve the best commercial results for its clients. The law firm's attorney

are highly qualified and has dealt with hundreds arbitration & conciliation in India.


3. Insurance


Insurance is characterized as a business vested or affected with the public interest.

Thus, the business of insurance, although primarily a matter of private contract, is

nevertheless of such concern to the public as a whole that it is subject to governmental

regulation to protect the public’s interests.

Therefore, the fundamental purpose of insurance regulatory law is to protect the public

as insurance consumers and policyholders. Functionally, this involves:

Licensing and regulating insurance companies and others involved in the insurance

industry.

Monitoring and preserving the financial solvency of insurance companies;

Regulating and standardizing insurance policies and products; Controlling market

conduct and preventing unfair trade practices; and Regulating other aspects of the

insurance industry.

We handle all kind of dispute relating to Insurance before Tribunal and courts.

4. Cyber / IT Law of India

In Simple way we can say that cyber crime is unlawful acts wherein the computer

is either a tool or a target or both. Cyber crimes can involve criminal activities that

are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all

of which are subject to the Indian Penal Code. The abuse of computers has also

given birth to a gamut of new age crimes that are addressed by the Information

Technology Act, 2000.

We handle all kind of dispute relating to Cyber Tribunal and all courts.


5. Consumer Law


The consumer interest in the market place is the focus or the art of enlightened

marketing mix. The business and consumerism both aim at the protection of

consumer interest-business through self-regulation and consumerism through

self-help. Consumerism invokes government assistance when business

misbehaves and fails to fulfill special responsibilities. In exchange relationship

normally, we have two Seller Buyer. However, in the modern market, the seller

is organized and has professional skill, whereas the buyer is usually unorganized

and amateur. Hence, we need consumer legislation and consumerism. RIGHT

OF CONSUMERS Right to Safety It means right to be protected against the

marketing of goods and services, which are hazardous to life and property. The

purchased goods and services availed of should not only meet their immediate

needs, but also fulfill long term interests. Before purchasing, consumers should

insist on the quality of the products as well as on the guarantee of the products

and services.

Consumer protection is essential for a healthy economy. We need Consumer

Protection Act for the following:-

Physical protection of the consumer.

Protection against deceptive and unfair trade practices.

Protection against all types of pollution.

Protection against the abuse of monopoly position and/or restrictive trade

practices.

Protection of enjoying the rights.

The Areas of expertise are:

We help our client for the followings

How to file a consumer complaint

Where to file a consumer complaint

Legal Assistance for preparation of legal documents

Legal proceedings before consumer Forum/courts


6. Criminal & Civil suits

We are specialized in handling all litigations pertaining to civil as well as criminal

cases before the District court, High Courts, Supreme Court in India

7. Competition/Antitrust Law

The Firm advises clients on a full spectrum of competition law issues including

reviewing potentially anti-competitive agreements, dominance and practices,

competition audit of business practices and arrangements, formulating and

conducting compliance & training programs etc. We also advise market players in

the carved-out sectors of glass, textile, automotive components, information

technology (IT), liquor, aviation, telecommunications, healthcare, bio-technology,

pharmaceuticals, retail, transport, infrastructure, media etc. on both regulatory and

compliance issues. The Firm also serve as Ombudsman for several multinational

corporations on antitrust issues arising in Indian jurisdiction.

8. Educational Laws

We aim to have an intimate understanding of education clients' needs. We stay

abreast of education-related developments and provide legal services adapted to

the education environment including all government approvals, affiliations to

statutory bodies like University grant commissions (UGC), parent universities,

deemed Universities, Medical Council of India (MCI), All India Council for

Technical Education (AICTE).

We also expertise in all legal documentation and government liaisons for various

approvals required for establishment of new universities, educational institutions,

schools etc.


9. Environmental Law

Handling litigations cases in competent authorities/tribunals/courts in

India.

Handling of all environmental clearance matters

Legal advice on all environmental law issues by team of experts

Consent to establish unit/factory

Consent to operate unit/factory

Environmental Impact Assessment matters

Consent under Air and Water

Appeals against refusal of consent

Appeal and Original Applications before the National Green Tribunal

(NGT)

Handling of prosecution matters under Environmental Protection Act

Legal advice on Anti dumping laws applications and interpretations in India

and other countries of the world under various agreements, conventions.

Legal advice supported with documentation for all legal compliances under

the Environmental Protection Act and all other related notifications for

various projects related to construction, industrial production and other

related activities.

Services related to Obtaining necessary government permissions, permits,

and compliances under The Environmental Protection Act, getting the

compliance under the Environmental Impact Assessment Authority.

Pertaining to environmental compliance for industrial establishments,

factories, hotels, hospitals, mining projects, construction projects.

Environmental law documentation related to all compliance’s and audits.


10. Human Resources & Employment Law

All legal advisory services in the fields of employment and labour laws by

expert legal professionals.

Drafting and vetting various documents related to employment

contract, termination letter, suspension letter and all such documents etc.

Advisory services related to appointment, Sexual harassment at workplace and

related issues, , transfer, and confidential reports, disciplinary action and

misconducts, Promotion, charge sheet, suspension, removal, termination,

Vigilance, Labour disputes, Industrial Disputes, Labour Court cases, Industrial

Tribunal cases.

11. All types of Litigation in the following fields:-

Cases before Assistant Labour Commissioner (ALC), Deputy Labour

Commissioner (DLC) and Labour Commissioner (LC).

Sexual Harassment at Workplace and other related disputes.

SLP before Supreme Court of India in employment and labour matters.

Industrial Disputes, Labour law cases, employment disputes.

Appearance before the authorities under Industrial Dispute, Contract Labour

Act, Trade Union, Factories Act, Shop and establishment Act, Employee

Provident Fund Act (EPF), Employee State Insurance Act (ESI), Payment of

bonus Act, Gratuity Act, Minimum Wages Act, Payment of Wages Act,

Maternity Act, Apprentice Act etc.


12. Documentation Services:-

BACC Specialize services for drafting and vetting of various formats of

legal documents including appointment letters, employment contracts,

transfer letters, warning letters, termination letters, dismissal letters, charge

sheets, warning letters, strike notices etc.

Drafting and vetting of various company polices like HR Policy, Labour

Policy, Safety Policy, Leave Policy, Ethics Policy, Contractual Labour

Policy, Employee Welfare Policy, Non Disclosure Policy, Salary and wages

policy, Code of conduct Policy etc.

13. Compliance Services in the following areas:-

Factories Act

Employee State Insurance Act (ESI)

Employee Provident Fund Act (EPF)

Professional Tax

Payment of Bonus Act

Payment of Gratuity Act

Shops and Establishments Act

Labour Welfare Board

Building and Other Construction Workers (Regulation of Employment

and Conditions of Service) Act, 1996.

Regular and periodical compliance audits and compliance checks of

establishments, factories.

Contract Labour Act

Other miscellaneous Labour Laws


14. Intellectual Property

Litigations before all competent courts in India

Registration Renewal of trade/service marks, copyrights, patents and designs

Initial investigations into potential patentability of inventions

License agreements

Merchandising agreements

Domain name disputes

Infringement

Counterfeit Product Investigation/Seizure

15. Matrimonial (Marriage & Divorce Laws)

Registration of Marriages

Marriages among Hindus are registered under section 8 of the Hindu marriage act

1955. All marriages shall be registered with the Hindu marriage Registrar or the

Additional District Magistrate in each state. Section 8 of the act states that state

government shall make rules in respect of registration of marriage and provide

particulars to be entered in the Hindu Marriage register. This section applies to

Hindus, Jains and Buddhist.

Sikhs marriages are registered under Anand marriage act. Parsi marriage and

divorce act, 1936 provides for compulsory registration of marriages. The Indian

Christian marriage act also provides for compulsory registration of marriage

among Christian.


The Supreme Court of India in a 2006 judgment of Seema vs. Aswani Kumar held

that registration of marriage is mandatory in India irrespective of religion and

directed the states to frame rules for registration of marriages in India.

Domestic Violence under Section 498A

Dowry cases

Divorce Cases

Foreign Marriages

Maintenance Cases

Maintenance under Hindu law

Maintenance under Criminal Procedure Code

Maintenance to Muslim wife under the Women (Protection of Rights on

Divorce) Act, 1986

Child Custody Cases

Matrimonial Appeals in High Court

Matrimonial Appeals in The Supreme Court of India

16. Pro Bono Work

BACC is actively engaged in providing pro bono legal services. The Firm has been

providing legal representation to various not-for-profit / charitable organizations in

legal proceedings, including public interest litigation.

17. Real Estate and Property Law

BACC practice areas include Real Estate, Property, Construction and Zoning laws.

The firm advises on property matters such as title investigation, title opinion,

drafting and registering conveyance deeds such as sale deeds, mortgage deeds,

lease deeds, charges and lien on immoveable property, building contracts and real

estate finance.


The firm has assisted clients who have developed real estate large projects such as

integrated townships, large commercial and residential complexes besides drafting

and vetting of joint venture agreement for the development of lands into residential

apartments and commercial buildings and complex.

The practice also includes advice on commercial lease, industrial lease and retail

space lease.

The firm also advises on various aspects of property law besides handling litigation

touching upon property law.

1) Litigation:-

BACC specialize in handling all kind of litigation/appearance before various

competent Authorities, District Court, High Court, Supreme Court in India,

DRT, DRAT, IRDA, Competition Commission of India, Consumer Courts,

and Income Tax Tribunals etc.

2) Legal Assistance/Services:-

a) Leasing:-

BACC specialize in drafting and vetting of all legal documentation for

leasing of all types of properties including the followings:-

1. Residential leasing:

2. Office leasing for commercial purpose

3. Commercial space leasing for SEZ

4. Retail leasing

5. Personal leasing

6. Company leasing

b) Termination and Vacation


c) Due diligence

Due diligence for purchase & leasing property

1. Checking of original ownership documents

2. Certification from registrar office

3. Status of tax payments

4. Verification of built up plan

5. Checking with approved building plan

6. To verify govt. approvals including construction plan

7. To verify any charge or encumbrance on the property

8. Whether the property is tenanted or not

9. Verify water and electricity connection are available

10. Whether occupation certificate has been obtained

d) Documentation :- Drafting and vetting of the following documents:-

1. Letter of intent(LOI)

2. Memorandum of understanding (MOU)

3. Agreement to sale

4. Sale deed /conveyance deed

5. General power of attorney(GPA) /special power of attorney

6. Indemnity

7. Will

8. Payment receipts

9. Other miscellaneous documents

e) Advisory Services:-

Advising on Joint Venture Development

Advising Development of Townships


Development and promotion of Real Estate

18. Taxation

Direct Tax

Income tax

BACC expertise in handing income tax cases and appeals to CIT, CIT appeals,

ITAT, High Courts, and Supreme Court.

Indirect Taxes

Our Firm Tax practice also includes advice and handling litigation part in indirect

taxes such as;

Excise:

Central Excise duty is an indirect tax levied on goods manufactured in India.

Excisable goods have been defined as those, which have been specified in the

Central Excise Tariff Act as being subjected to the duty of excise.

Sales Tax/ VAT:

Sales Tax/VAT is applicable to all moveable goods sold, either within the country

or within a particular State. We advice the foreign investors for manufacturing and

selling goods in India to thoroughly understand the application of sale tax/VAT.


19. Customs:

Our consultants and lawyers have vast expertise in the area of customs law.

Foreign companies seeking to distribute their products in India must ascertain the

customs, countervailing and other duties applicable on their products. In line with

the World Trade Organization’s directive to reduce tariffs the Indian Government

is reducing duties in a phased manner.

Service Tax:

We provide services relating to service tax.

20. Aviation Law Practice

Aviation contracts

We are specialized in drafting & Vetting agreements for aviation alliances,

aviation leasing finance, and undertake registrations.

Aviation passenger claims

We (BACC) deal in cases of passenger claims, grounding of aircraft, liability,

carriage of cargo, and passengers, including insurance dispute aspects.

We rich experience in aviation arena. We provide the entire range of services in

connection with acquisition, finance and leasing of new and old air craft.

We also provide legal services for registration-deregistration with the authority and

re-possession.

All documents pertaining to the aforesaid are drafted and review with the third

party including undertaking the Due Diligence work.

We advise client on foreign collaboration relating to acquisition and sale of the Air

Craft.


21. Admiralty & Maritimes Laws

We undertake and advice all the matter connected with Admiralty and Maritime

Laws for clients. The firm assists international clients in seeking legal recourse

under the admiralty jurisdiction before the various High Courts and Supreme Court

of India.

The firm has obtained a number of favorable orders seeking the arrest of maritime

vessels for the enforcement of maritime claims and also on the release of maritime

vessels.

The firm also assists clients in other areas of admiralty law such as marine

insurance, litigation and arbitration relating to shipping, cargo claims, ownership

disputes, sale and purchase of ships and leasing.

Other services include;

Due diligence

Legal Documentation

Negotiable Instrument Act

Loan Documentation

Public Offerings

Leasing and asset finance

Stock exchange listings

Trade finance

Venture Capital Fund


22. WTO/International Trade and Customs Law

The Firm has extensive experience in the area of Customs laws as well as the

Foreign Trade Policy. We have advised clients from diverse sectors and industries

on matters related to customs laws and procedures. We regularly represents

importers and exporters before the Indian Ministry of Finance on tariff

concessions, issues relating to tariff classifications, customs valuation and also

matters relating to customs enforcement. We also represent clients in matters

related to Customs as well as Foreign Trade Policy before judicial and quasi-

judicial authorities, including the Customs, Excise, Service Tax Appellate Tribunal

(CESTAT), Authority on Advance Rulings and Settlement Commission.