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The Practice

With India’s push towards increased transparency in corporate affairs and stricter compliance requirements for businesses across legislations and sectors, Khaitan & Co’s award- winning Regulatory Practice helps businesses navigate the changing legislative landscape and the regulatory framework. We have advised businesses on all forms of regulatory aspects including licensing requirements, corporate compliances, foreign investments, securities regulations, overseas direct investments, cross-border mergers, restructuring and liquidation transactions. 

The Execution

We frequently interface with regulators and law enforcement authorities and provide representation and legal advisory services on matters such as tariff determination, licensing, performance regulation and adjudicatory proceedings. We also assist with family office work including on various tax efficient inbound / outbound investment structures for the said purposes and obtaining clarification / approvals from the authorities.

We routinely represent clients before diverse regulators including the SEBI, RBI, Directorate of Enforcement, judicial fora including the Electricity Regulatory Commissions, the Petroleum and Natural Gas Regulatory Board, the Telecom Regulatory Authority of India, the Airports Economic Regulatory Authority, the Tariff Authority for Major Ports, the Electricity and Telecom regulators and appellate bodies, the Department of Industrial Policy and Promotion, Department of Non-Banking Supervision and Regulation, Ministries of Civil Aviation, Defence, Finance, Health and Family Welfare, Commerce, Corporate Affairs, Power and Environment and Forests, amongst others.

The Khaitan Advantage

We are the preferred advisor to clients because of our intimate knowledge of the local regulations and close working relationships with regulatory bodies built over years. We guide and strategise with our clients to fulfil necessary regulatory requirements in accordance with their business objectives and to gain a better understanding of doing business with government entities and managing associated risks. 
 

Key Contacts

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Key Deals

Flipkart Private Limited

Advised on the regulatory aspects in the Flipkart-Walmart transaction, valued at USD 16 billion.
 

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Docomo

Advised on the regulatory issues surrounding the USD 1.27 Billion settlement with Tata Sons Ltd.

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Fosun group

Advised on the regulatory aspects in the acquisition of 86% stake in Gland Pharma Limited for USD 1.26 billion approximately.

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KPIT Technologies Limited, KPIT Engineering Limited And Birlasoft (India) Limited

Advised on regulatory issues of the complex two-tier deal involving CK Birla Group-owned Birlasoft and KPIT being merged to create a USD 700-million entity. The combined entity was thereafter demerged into two separate companies - Birlasoft, a USD 500 million enterprise digital IT services company, and KPIT Technologies, a $200 million company providing automotive engineering and mobility solutions.

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Jindal Steel & Power Limited

Advised in relation to procuring RBI approval under the FEMA ODI Regulations for rollover and issuance of corporate guarantee with change in the terms and conditions and making additional financial commitment where Indian party was under investigation.

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Reliance Brands Ltd/RKJ, Japanese Group

Advised in relation to approval from Foreign Investment Promotion Board (FIPB) and Department of Industrial Policy and Promotion (DIPP) in relation to FDI in Single brand retail trading for brand “MUJI”.

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GlaxoSmithKline Plc (GSK)

Advised and obtained from Foreign Investment Promotion Board (FIPB) approval in relation to a major three-part global transaction between GSK and Novartis AG (Novartis).

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Reliance Brands Limited

Advised on regulatory aspects of 100% share acquisition of UK based Hamleys Global Holdings Limited.

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Mindtree Limited

Advised on obtaining RBI approval in connection of liquidation of overseas subsidiaries without receiving liquidation proceeds.

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