PRACTICE AREA

Arbitration

Mediation and Arbitration are preferred modes of dispute resolution for most corporates. As a result, there has been a considerable rise in arbitration proceedings over the last 10 years. BRK Law is at the forefront of responding to commercial legal disputes, and has extensive experience in arbitrating disputes. Our lawyers understand the complexity and nuances of the arbitration process, and aggressively protect our clients’ interests with effective legal representation. Throughout the process, our lawyers provide close counsel to clients, keeping them well informed of all significant developments and advising them at every step of the dispute-resolution process.

Corporate Law

Our Lawyers are well-equipped to counsel our corporate clients on the various challenges they face on a day to day basis. India today is an emerging economy, with changes in different areas of law becoming more of a norm, corporate law too has undergone a massive change over the years. The laws are still catching up to the changes in the socio-economic environment of India. We are at a cusp, and our job at BRK Law is to help our clients navigate the regulations and compliances landscape, while keeping their business running. We help our clients in adapting themselves to the new regulations, and also help them to get the maximum benefits the country’s laws offer today.

Corporate laws function as the backbone of any company’s organizational structure, particularly as it grows and raises capital, undertakes transactions, and expands both domestically and internationally. At BRK Law, the lawyers take a practical approach to all corporate and commercial transactions. The firm is experienced in a wide spectrum of corporate business matters including but not limited to:

  • Asset Finance
  • Asset and Share Purchase Agreements
  • Due Diligences
  • Joint Ventures
  • Company Restructuring
  • Winding Up
  • Bankruptcy Proceedings
  • Multi-jurisdictional Deals
  • Licensing
  • Agency and Franchising
  • General Drafting
  • General Commercial Law
  • Mergers and Acquisitions
  • Shareholder Buy-Outs
Banking

http://localhost/We are on several global and domestic banks’ panels, and represent non–banking finance companies, institutional lenders, asset managers, and corporate borrowers. We advise on complete spectrum of banking & finance matters corporate debt, guarantees, and acquisition. We have been engaged in complex recoveries, and we have the knowledge and experience to help our clients find practical solutions to the industry’s regulatory impediments.wordpress/wp-admin/post.php?post=838&action=edit#

Employment Law

Labour and Employment issues are often very sensitive, complex and challenging for every business, as the workforce is a company’s primary asset and these issues should be delicately handled. In the constantly evolving work-space, companies and employees are faced with several challenges, which when precipitated cause friction between the two. BRK Law has drafted and reviewed several HR Policies for several of our Clients, and our lawyers regularly conduct training and enablement sessions with employees on several aspects of Labour Law. Significantly, our lawyers have helped companies protect women’s rights in companies with successful implementation of sexual harassment policies, and by setting up of internal complaints committee.

Services rendered by our law firm include-

    • Assessment of existing HR systems within the organization, assist in complying with employment laws and labour laws.
    • Reviewing existing HR policies, advise on Employment laws, labour laws, industrial relations.
    • Development of HR policies and procedures, advice on Disciplinary proceedings, Employees Rights, Employment and service contracts, labour disputes and Industrial actions
    • Draft employment agreements, appointment letters, offer letters for consultants, termination agreements, non-competition agreements and non-disclosure agreements concerning confidentiality, etc.
    • Conflict resolution, assist in wage and hour issues, collective bargaining, interpretation of work rules, grievances and industrial disputes under the labour laws.
    • Performance management
    • Training management on employment law
    • Representations at Labour Courts, mediation, arbitration, and the High Court
    • Drafting and updating existing employment contracts
    • Developing or reviewing job descriptions for all employees
    • Training HR personnel in implementing policies
Litigation

Our dispute resolution practice area covers commercial matters, joint venture disputes, personal law disputes, matrimonial disputes, consumer disputes, debt recovery, employment, contractual disputes, company matters, intellectual property disputes, amongst others. Our primary goal is to assist clients in avoiding litigation wherever possible. We use and adopt alternative dispute resolution methods such as, mediation, and arbitration to solve our clients’ legal challenges particularly when the parties are trying to preserve a commercial relationship. However, when litigation is unavoidable, our lawyers advise on both the legal and commercial aspects of litigation, including an assessment of reputational risk, if any. We then form a strategy best suited for our Clients and try and get the best possible results. We subscribe to a philosophy that equates a strong litigation team with a thorough understanding of corporate practice. We handle partition suits, suits for declaration and permanent injunction, cancellation of sale deeds, etc.

Our team also represents clients before Courts in matters pertaining to land acquisition and real estate.

Testamentary and Intestate succession matters: BRK Law files petitions before Courts for obtaining Succession Certificate, probate of will, Letters of Administration, etc.

Motor Accident Claims: We handle filing of motor accident claims before Motor Accident Claim Tribunals as well as insurance claims, personal injury claims, etc.

Intellectual Property Rights Matters: Our team of lawyers is well versed in handling suits for permanent injunction against passing off and infringement. We also assist in other disputes relating to Copyright, Trademarks and Patents.

Consumer related matters: We assist clients before District Consumer Dispute Redressal Forum, State Commission as well as National Commission in all grievances pertaining to deficient goods and services, medical negligence cases. idle

Family Law

At BRK Law, we handle all family law matters. Our lawyers are well verse in handling divorce proceedings, Restitution of Conjugal rights, Judicial Separation and Dowry cases.

We also assist in adoption, maintenance and child custody petitions.

Inheritance and succession laws, including but not limited to property related matters.

Civil Litigation
        • Handle partition suits, suits for declaration and permanent injunction, cancellation of sale deeds, etc.
        • Represent clients before Courts in matters pertaining to land acquisition matters.
Matrimonial matters
        • Expertise in handling Divorce proceedings, Restitution of Conjugal rights, Judicial Separation and Dowry cases.
        • Maintenance and child custody petitions.
        • Property related matters.
Labour and Service matters
        • Representation before Labour Courts, Labour Commissioner, Industrial Tribunals, Central Administrative Tribunals, etc. Handle Writ petitions relating to labour and service related matters.
Testamentary and Intestate succession matters
        • Representation before Labour Courts, Labour Commissioner, Industrial Tribunals, Central Administrative Tribunals, etc. Handle Writ petitions relating to labour and service related matters.
Motor Accident Claims
        • File petitions before Courts for obtaining Succession Certificate, probate of will, Letters of Administration, etc.
Intellectual Property Rights Matters
            • Handle suits for permanent injunction against passing off and infringement.
            • Assist in other disputes relating to Copyright, Trademarks and Patents.
Consumer related matters
            • Assist clients before District Consumer Dispute Redressal Forum, State Commission as well as National Commission in all grievances pertaining to deficient goods and services, medical negligence cases.
Criminal Litigation
            • Representation before High Court Karnataka, Districts Courts, tribunals, forums, commissions all over the country in all criminal litigation matters.
            • Draft and review Petitions for quashing of FIR’s.
            • Handle writs pertaining to criminal complaints.
            • Handle section 138, Negotiable Instrument Act, complaints.
            • Handle bail applications, appeals, interim applications, revision petitions, application for suspension of sentence etc
            • Assist in cases relating to frauds pertaining to credit cards, phone and telemarketing, cyber-crimes and frauds on the internet.
            • Handle disputes pertaining tofraud and forgery case
            • Assist in suits for embezzlement and misappropriation of funds, FEMA violations, cheating, smuggling and violation of foreign exchange.
            • Handle cases related to Narcotics and Drugs violations.
            • Handle cases pertaining to violation of Intellectual Property Rights, Cyber Laws, data theft and piracy laws.
Corporate Litigation
            • Drafting and Handling of winding up petitions, petitions under mismanagement and oppression, disputes related to Mergers and Acquisitions, etc.
            • Represent clients in bankruptcy proceedings
            • Representation before Debt Recovery Tribunal (DRT), Debt Recovery Appellate Tribunal, AIFR, BIFR, etc.
            • Handle matters related to Tax evasion bankruptcy, financial & securities, healthcare and insurance fraud, violations pertaining to the environment, etc.
            • Handle disputes related to Insider trading, False and misleading advertising, evasion of corporate taxes, embezzlement and misappropriation of funds.
Real Estate

BRK Law advises its clients and prepares legal documentation for the purchase, leasing, sale, mortgage of real estate properties including commercial, industrial, agricultural and residential property. We also advise clients on the applicable local laws, such as stamp duties and requirements of registration. As an integral part of this area of practice, we also advise on licensing and regulatory approvals required from government and statutory agencies.

Some of the services offered by BRK Law are as follows:

            • Due diligence of property documentation, change in ownership documents and conducting title searches for others, homes, real estate projects, townships, industries and acquisitions.
            • Drafts and reviews lease deeds, sub-lease agreement, maintenance agreement, commercial leases of property, no objection certificate, partition deed, power of attorney, special power of attorney, service agreements, amenities agreement, family settlement, sale deeds, agreement to sell etc.
            • Drafts and reviews, joint development agreements, partnership agreements, etc.
            • Drafts and reviewsbuilder agreement, construction contracts, bank guarantee, master purchase agreements, memorandum of understanding (MOU), mortgage deed, transfer deed, gift, change of use of the property.
            • Provide representation before all courts, forums, and commissions for matters pertaining to real estate.
            • Advisory/opinions on real related matters
Registration of Start-up Companies

Bengaluru has world-class IT infrastructure, and we are currently witnessing a tremendous surge in innovative ideas coming from both experienced as well fresh-out of college entrepreneurs trying to turn their vision into a reality. We at BRK Law, help start-ups with the registration process of their company, help them with statutory compliances, make sure that they make the mandatory periodical ROC filings, and help them safeguard and protecting their Intellectual Property Rights.

A start-up is not merely a registered entity, or just few documents filed with the ROC. A start-up needs to be incubated at various levels, it should enjoy the benefits offered by the government, it should not worry about licensing agreements, service agreements, employee issues, etc. at the beginning. A start-up is a dream, which requires to be fulfilled, and we at BRK Law ensure that your focus remains on your core area of expertise, while we look for seamless solutions for all legal and statutory requirements.

What to Choose?

When an individual decides to start his business, he has two options:

Proprietorship Concern

This is a form of business where an individual subscribes the capital, generates other necessary funds (Popular in the Wholesale and Retail Structure)

One Person Company (OPC)

One of the Salient features of the Companies Act, 2013 is the introduction of the OPCs. An OPC is a hybrid form of a proprietorship concern, which enables the proprietor to enter into the corporate framework. The most significant reason for a shareholder/businessman to opt for an OPC is to limit his liability. Unlike a proprietorship concern, a shareholder’s liability is limited to his shareholding in the OPC, and takes away the risk of personal liability in the event of loss or failure of business.

Private Limited Company

When two or more individuals start a business enterprise, Private Limited Companies are the popular business model among the start-up community. A Private Limited Company is restricted by its Articles; it requires a minimum of two directors, and can have a maximum of 50 directors. When the number of directors surpasses 50, this becomes a Public Limited Company.

Partnership At Will

Alternatively, one can choose to a partnership at will, or a Limited Liability Partnership (LLP). A partnership at will is a formed when partners enter into a business contract, where the partners are jointly liable. An LLP, however, is governed by the Limited Liability Partnership Act, 2008, which limits the liability of a partner from the joint liability of a partner’s decision or misconduct.

How to Register a Private Limited Company
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