Practice Areas

Licensing & Regulatory Approvals

We provide a wide range of services across key regulatory areas in India, including approvals from the National Company Law Tribunal (NCLT), Ministry of Corporate Affairs (MCA), Reserve Bank of India (RBI), and Securities and Exchange Board of India (SEBI). Below, we explain in greater detail the regulatory approvals we handle, the legal requirements involved, and how our team can support your business in meeting these challenges.

Ministry of Corporate Affairs (MCA)

1. National Company Law Tribunal (NCLT) Approvals

The NCLT is a specialized judicial body that handles matters related to companies under the Companies Act, 2013 and other applicable laws. Many business decisions require approval from the NCLT, especially when it comes to significant corporate restructuring, disputes, or insolvency matters.

At HJA, we offer comprehensive services for obtaining NCLT approvals in the following areas:

Compounding of Offenses: Companies that have violated provisions of corporate law or regulations can seek compounding of offenses under the Companies Act. We assist in presenting the application before the NCLT for the compounding of offenses, enabling businesses to avoid criminal action or penalties for non-compliance. Our expert team ensures all required paperwork is filed correctly and represents clients during hearings to achieve favourable outcomes.
Merger & Acquisition Approvals: The process of merging with or acquiring another company requires NCLT approval. Our team provides end-to-end support in preparing the merger documents, ensuring compliance with all legal requirements, and obtaining the necessary approvals from NCLT to complete the merger process smoothly.
De-merger Applications: In situations where a company wishes to de-merge its business operations or assets into separate entities, it requires NCLT approval. Our team manages the entire de-merger process, including drafting the scheme of de-merger, handling regulatory filings, and representing clients before the NCLT to secure the necessary clearances.
Liquidation: The liquidation process involves the winding-up of a company’s affairs. We guide clients through the entire process, ensuring compliance with the Insolvency and Bankruptcy Code (IBC). Our services include filing for voluntary or compulsory liquidation before the NCLT, managing the liquidation proceedings, and ensuring that the company’s assets are liquidated in accordance with legal requirements.

2. Registrar of Companies (ROC) Approvals

The ROC plays a vital role in regulating corporate entities and ensuring that they follow proper governance and compliance norms. Various corporate actions require prior approval from the ROC, and HJA helps businesses secure these approvals effectively.

Shifting of Registered Office: A company may choose to move its registered office, either within the same state or to another state in India. While a shift within the same state requires board approval, a change across states necessitates ROC approval. Our team ensures that the correct process is followed, with appropriate filings and documentation to gain registrar’s clearance for the relocation of the registered office.

3. Reserve Bank of India (RBI) Approvals

The Reserve Bank of India (RBI) regulates financial activities in India and governs the flow of capital into and out of the country. For businesses engaging in cross-border financial activities or certain types of investments, RBI approvals are essential.

Overseas Direct Investment (ODI): Indian companies planning to invest abroad need to obtain RBI clearance. ODI is regulated under FEMA (Foreign Exchange Management Act), and we assist clients in complying with RBI’s approval procedures for outbound investments. We also help with structuring these investments to align with FEMA’s guidelines.
Foreign Direct Investment (FDI): Foreign investors looking to invest in India must adhere to FDI guidelines, which are subject to RBI’s regulations. We help foreign companies navigate the FDI approval process, ensuring compliance with FEMA and FDI Policy and guiding businesses through the documentation and regulatory requirements.
External Commercial Borrowings (ECB): Indian companies seeking foreign funding through External Commercial Borrowings (ECB) must obtain RBI approval. We assist clients in structuring their borrowing agreements and obtaining necessary approvals to ensure they meet RBI’s guidelines for such external borrowings.

4. Securities and Exchange Board of India (SEBI) Approvals

The Securities and Exchange Board of India (SEBI) regulates the securities market in India. SEBI approval is required for businesses involved in public offerings, capital market activities, and fund management. Our team has deep expertise in obtaining SEBI clearances for a variety of capital market-related activities.

Alternative Investment Funds (AIF): An AIF is a privately pooled investment fund, and its establishment requires SEBI registration. We assist clients in navigating the complex requirements for registering an AIF with SEBI, ensuring that the fund meets all regulatory criteria and is compliant with SEBI (Alternative Investment Funds) Regulations, 2012.
IPO / FPO Listings: Public offerings of equity shares, whether through an Initial Public Offering (IPO) or a Follow-on Public Offering (FPO), require prior approval from SEBI. Our team offers end-to-end assistance in preparing and filing the application for SEBI’s approval, managing the due diligence process, and ensuring compliance with all disclosure and procedural requirements under SEBI (Issue of Capital and Disclosure Requirements) Regulations.
Debt Listings: Businesses that wish to list their debt securities on the stock exchanges need to obtain SEBI clearance. Our team helps clients with the regulatory approvals for listing debt securities, including bonds and debentures, and ensures that all requirements related to disclosure, listing, and compliance are met.
Licensing and Approvals: For businesses operating in the securities market, various licenses and approvals from SEBI are necessary. This includes approvals for investment advisers, portfolio managers, and other financial market participants. We assist clients in obtaining the required SEBI licenses and ensure compliance with all ongoing regulatory obligations.