Company Law

Company Law

Company law is the legislation under which the formation, registration or incorporation, governance, and dissolution of an entity is administered and controlled. Company is a legal entity formed by a group of individuals for the purpose of some business or undertaking, which has a legal and corporate personality separate from that of its members. A company may be formed by charter, by special Act of Parliament or by registration under the Company Act. The liability of members is usually (but not always) limited by the charter, Act of Parliament or memorandum of association. A company may be a public limited company, in which event its shares may be transferred freely among, and owned by, members of the public. All limited liability companies that are not public limited companies are private companies, denoted by the term (Pvt) Ltd. While companies are owned by their members (i.e. shareholders), they are managed by a board of directors. A company may be limited by shares, or by guarantee or an unlimited company.

Treklaw has a strong and broadly based international commercial law practice. We have a team of lawyers who specialise in drafting, reviewing and negotiating commercial agreements. These range from strategic alliances to substantial one-off contracts (e.g. outsourcing, systems management and project development agreements) to repeat contracts and umbrella contracts with sub contractors and suppliers. The commercial law team has a particular focus on the way in which products and services are brought to market and promoted and has considerable expertise in the fields of marketing, advertising and sponsorship.

Our expertise in company law also gives our clients a significant advantage in more complex corporate transactions and de-mergers as, increasingly, there is a need for advice on strategic business contracts in the context of a corporate deal, for example to deal with transitional services issues or on-going supply arrangements. Specialist company law expertise combined with sectoral experience results in an in-depth understanding of the key business issues which need to be managed from a legal perspective which can be particularly helpful to private equity houses and investment banks.

Our aim is to always to add value to our clients’ businesses by assisting them to achieve their commercial objectives in the most practical way using our expertise and commercial awareness. We are particularly conscious of the need to protect and promote clients’ legal interests effectively in the context of urgent and sensitive commercial situations. Our team is familiar with the range of specialist issues which can arise in day-to-day commercial dealings, such as competition law issues and the need to protect intellectual property rights. We work closely with other experts in the firm and are used to drawing together a number of specialist issues to provide the effective overall legal solutions which deliver the commercial objectives.

The Company Law Counseling Group provides a complete range of company law services to Treklaw local, national and international clients. The Group handles a variety of complex transactions, including mergers, asset acquisitions and sales, joint ventures, leasing transactions and financing, bankruptcy related transactions, and business startups, as well as the preparation of contracts of all types. In addition, because companies law is often selected as the governing law for major national and international transactions, the Group works with both in-house and regular outside counsel in the structuring and documenting of such transactions and provides legal opinions required at closing.

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