Case Studies

INDIA BUSINESS ADVISORY

A small to medium sized Swiss I.T. company wanted to set up an Indian venture to process outsourced work it was getting from the Swiss Financial Sector. SMA Legal helped in incorporating an Indian Subsidiary, setting up of the Management, Accountancy and Financial structure which would be doing the outsourced work within a record time of 2 weeks enabling the Company to start work without any delay.

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A German F & B company engaged the services of SMA Legal to identify, conduct due diligence, negotiate and establish a Joint Venture between the German and the Indian entity for producing alcoholic beverages. The entire work was done within a limited budget and in under 3 months from the date of engagement.

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A Spanish manufacturer of Leather goods from waste leather wanted to set up operations with an Indian partner in a north Indian state which had a tax incentive package. SMA Legal prepared a location analysis report, due diligence report on the Indian client and a review of the Indian Tax system with impact of  current  sectoral FDI norms in manufacturing on the amount to be invested by the Spanish company. The company went on to engage the services of SMA Legal to draft all relevant contracts pertaining to the Joint Venture.

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A New Zealand Sports and Leisure company wanted to bid for projects worth more than US$ 1.2 billion pertaining to development of Sports Infrastructure in India. From advising on the most appropriate vehicle to do business in India to advising on the bidding process, SMA Legal was able to render advice which enabled the company to successfully bid for most of the projects. They continue to do business in India.

ARBITRATION AND CONCILIATION

Royalty due to a European alcoholic beverages company were due for over 3 years by an Indian company. Through a process of well strategised moves and by selectively invoking legal provisions mandating International arbitration; within 9 months of first serving a notice on the Indian Company the entire amount was recovered through a process of negotiations.

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Without resorting to invoking the jurisdiction of the Indian Court, SMA Legal was successful in recovering more than quarter of a million dollars from a reputed and well established Indian Travel Company which had defaulted on payment of  money charged to Indian clients for overseas car rental. The entire recovery of dues was done within a period of 6 months.

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A Swiss Television viewership rating company was entitled to royalty due to it by an Indian audience measurement company. The Indian company had claimed huge losses and refused to pay the Swiss company. Through mediation and negotiations, SMA Legal was successful in  preparing a road map for the two sides to close this dispute. The matter was resolved eventually in a period of 8 months.

CORPORATE AND COMMERCIAL LAW

SMA Legal was involved with the enforcement of Intellectual Property Rights of a world renowned Academy which were being infringed by an Indian who was capitalizing on the name and reputation of the Academy. Since the Academy was not keen to let this matter reach the media, SMA Legal very deftly handled the matter which eventually led to the closure of the Indian operations which were using the name of the Academy for personal gain.

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SMA Legal was associated with the re-structuring of an Indian I.T company which had acquired another Indian I.T company. Post the acquisition the entire company was re-structured so as to make the assimilation of the acquired Indian company seamless and smooth.

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SMAL Legal successfully structured and drafted arrangements involving purchase of chemicals and fertilizers from Russia to India via the Middle East for an Indian client. The value of this transaction was close to USD 630 million.

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SMA Legal conducted Legal Due diligence for Private Equity funding in an Indian entity by an International Private Equity fund based out of the United States of America. The work involved ascertaining the legal liabilities of the entity which was to receive private equity to the tune of USD$ 6 million.

INVESTIGATION SERVICES

SMA Legal successfully gathered information for a Non-Resident Indian who was involved in a cross jurisdiction divorce proceedings pertaining to the assets of her spouse in India. This was done with the aid of in-house investigators.

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SMA Legal investigated into insurance claims submitted by overseas travellars to their Insurance companies with regard to medical treatment in India. By and large, these claims for re-imbursement of medical expenses incurred were turned down/rejected by well known European Insurance Companies based upon the findings of SMA Legal.

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SMA Legal assisted the Migration Authorites of a Scandanavian country in confirming the identity and address of an Indian national in the custody of the migration authorities based upon the select and limited information given by the person in custody. The information so gathered eventually led to the successful return of the person to India.

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SMA Legal was engaged by a world leader in insurance and under writing to ascertain, confirm and investigate into the validity of Indian documents issued by Indian authorities entitling a driver engaged by the insured Canadian company to run its vessels. Due to the meticulous, substantive and focused investigation, the insurance company could reject the claim of the Canadian company since it was discovered that the driver, of Indian origin, employed by the Canadian company had a forged license. This saved the insurance company close to USD$11.5 million.

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NRI SERVICES

A Singapore based NRI wanted to ensure that his brother does not sell the  ancestral land with the aid of the Sarpanch and the local Revenue Authorities. Through the process of investigation and representation, SMA Legal was able to bring this subversion of the executive powers vested in the Local Revenue Authorities and thereby ensure that no sale of the ancestral land take place.

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SMA Legal assisted in the procurement of land and title documents/records of a property which was located in Amritsar for our client, a UK national of Indian origin. This enabled our client to claim his share in the property from his siblings and cousins.

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SMA Legal assisted in the sale of ancestral property in Ludhiana for U.S. national of Indian origin. The sales was successfully undertaken without the U.S. national visiting India but executing the sale of the property through his Power of Attorney holder. The value of the property was Sterling 1.2 million.

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SMA Legal successfully undertook adoption proceedings for a UK family of Indian origin by advising and acting on behalf of the family before the Court at Nawanshahr. Thereby facilitating the adoption both by customary norms and Indian Law.

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SMA Legal advised on the formation of  a Trust to administer and handle the property of a NRI based out of Scandenavia. The proceeds/regular returns from the use of the property were used for providing health care and other charitable work for village children.

About

SMA Legal is a boutique Legal Advisory Firm that specializes in high profile cases involving large Indian corporations, International companies with business interests in India, distinguished individuals & country missions to India.         Read More

Case Studies

With over 16 years of experience, SMA Legal has successfully handled high profile cases in the areas of India Business Advisory, Arbitration & Conciliation, Investigation Services, Corporate & Commercial Law and NRI Services. Read More

We have rebranded!

We have renamed our organization from Shantanu Mohan & Associates to SMA Legal, effective 2nd April’12. The rebranding exercise is a part of a bigger vision to establish ourselves as India’s leading boutique legal advisory firm.   Read More

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