Areas of Practice

SMA Legal assists its clients with non-contentious work. This non-contentious work is spread across six primary areas which look at helping individuals, companies, private equity and venture capital funds, country missions to India, international organisations and private organisations navigate the maze of Indian laws and procedures with ease and the highest standards of professionalism making working in India smoother and efficient. Based upon most of the work done over more than the past 2 decades on a Pan-India basis, SMA Legal has created expertise, a resident knowledge pool of human resources, legal prowess and achieved repeated success for its clients in the following areas of work:
India Business Advisory

India has emerged as a leading global economy which is attracting substantive foreign investment and interest from foreign companies, individuals and business organisations. 

SMA Legal is a specialized legal advisory firm that helps international organizations setup their operations in India with an in-depth knowledge of the government regulations, local market insights, industry and the competitors making your business setup smoother and efficient.

The firm formulates, executes, and monitors strategies for companies, individuals and business organisations from across the world by offering advice and assistance with

  • Business structure selection,
  • Licenses and permissions,
  • Mergers and Acquisition,
  • Company formation and incorporation,
  • Compliances and regulatory requirements,
  • Land purchase and real estate,
  • Legal auditing services,
  • Legal Due Diligence,
  • Labour Laws,
  • Trademark and Copyrights,
  • Accounting and Payroll services, and
  • Business exit strategies
Corporate And Commercial Law

Corporate and Commercial law forms the backbone of SMA Legal’s work. A robust and well-equipped team deals with a diverse range of issues in this growing area which involves assisting international and domestic clients.

SMA Legal provides comprehensive legal counsel based upon its years of experience of working in the unique and intricate Indian economy. With a deep understanding of the relevant legal framework(s), we provide strategic, commercially-focused legal solutions that cater to specific needs of Indian or international businesses operating or planning to operate in India.

Over more than the past 2 decades, the firm has been able to successfully assist clients with their legal needs be it drafting of agreements, due diligence, commercial contracting, trade negotiations, resolving commercial disputes, project structuring, project finance, private equity and venture capital investment work or advise on infrastructure projects- to name a few,  it has dealt with all of it. SMA Legal offers its services which include, but are not limited to the following areas of corporate and commercial work: 

  • Mergers and Acquisitions,
  • Infrastructure contracts,
  • Private Equity and Venture Capital work,
  • Commercial contracting and drafting,
  • Government Compliance and regulatory work,
  • International trade and finance,
  • Indian Company Law,
  • Construction and building laws,
  • Family business related commercial issues,
  • Cross-border Transactions,
  • Project finance,
  • Foreign Collaborations & Joint Ventures,
  • Licensing and Franchising,
  • Employment and labour laws,
  • Foreign Direct Investment,
  • Debt restructuring,
  • Trademark and Copyrights,
  • Start-up advisory and support,
  • Company liquidation,
  • Mandates and service agreements,
  • General Corporate and Commercial advice,
  • Market Entry and Restructuring,
  • Ensuring regulatory compliances, and
  • Legal audits and compliance.
Alternative Dispute Resolution

We at SMA Legal, with years of experience in resolving disputes and effecting settlements have been extremely successful in using Alternative Dispute Resolution as an efficacious tool to disentangle the most complex of disputes and resolve extreme differences.  This has involved using the mediums of negotiation and mediation to work things out between two warring sides.

Our services under this area of work include,

  • Negotiation,
  • Partnering,
  • Mediation,
  • Arbitration, and
  • Conciliation

These services have included, but are not limited to, enforcing and challenging enforcement of Arbitral Awards, advising clients on the appropriate venue of arbitration and choice of procedural and substantive law, drafting and vetting of arbitration agreements, advising clients on alternative dispute resolution laws and procedures, among other related issues.

The firm’s clients under this area have included foreign small to medium sized business, Government and semi government establishments, private individuals, start up and first-generation entrepreneurs.

NRI Services

Ever since its inception, SMA Legal has been working closely with Non-Resident Indians (i.e., NRI’s). We have come to respect, understand and value this large and growing community. By the sheer dint of hard work and an undying spirit to succeed NRI’s have excelled in their respective countries. Despite their success in foreign lands, they have always remained in touch with their roots and do something in India.

Some of the areas where we provide legal advisory services to Non-Resident Indians include:

  • Land and Real estate issues,
  • Mergers and Acquisitions,
  • Structuring of Charitable ventures and causes,
  • Family Law-inheritance, adoption proceedings, child custody and surrogacy laws,
  • International parental child abduction,
  • Litigation advice and strategy,
  • Due Diligence,
  • Investigations to gather information,
  • Procurement of documents from Indian authorities,
  • Advice on PIO/OCI Issues, and
  • Registration of power of attorneys and other documents.
Expert Work

Expert work is a niche area which SMA Legal has made a positive reputation in through its resident expert. Mr. Shantanu Mohan Puri, (the Managing Partner of SMA Legal). Mr. Puri is a bilingual lawyer, who has been acknowledged, internationally, as a Country Expert on India. His expertise lies in Law(s) and Society of India. His varied experience includes rendering Expert Witness Statements, Expert Reports, Country conditions reports and Expert Opinions to various international entities (including courts in a variety of foreign jurisdictions) on a varied number of issues. Some of these issues include Indian Citizenship and Nationality Laws, Indian Family Law (including marriage and divorce, adoption, child custody, surrogacy), Financial fraud, money laundering, gender prejudice and treatment of LGBTQI+, Political persecution and violence due to political ideologies, treatment of Muslims and other minorities, honour killings, matters pertaining to Afghan nationals, Sri-Lankan nationals, Domestic violence, child and human trafficking, modern day slavery and child labour, safety of women and possibilities of internal relocation in India.

Mr. Puri has been engaged as an Expert Witness and Country Expert (India), since 2000. In some cases, he has also testified before Immigration Courts in various American jurisdictions and provided expert evidence. He has given his expert opinion on the following issues, including, but not limited to:

  • Nationality of refugees,
  • Citizenship of foreign nationals having travelled on forged documents,
  • Honor killings, religious discrimination, and treatment of minorities,
  • Risks and obstacles associated with discrimination,
  • Cross-border marriages, child custody, divorce, and inter-religious marriages,
  • Hardships of couples or individuals based on their relationships in different countries,
  • Medical treatments, access to healthcare, and quality of life in India,
  • Elderly care facilities, social stigma faced by elderly individuals,
  • Validity and authenticity of documents issued by Indian authorities,
  • Indian nationality being compromised due to various circumstances,
  • Successful internal relocation within India,
  • Sufficiency of state protection in different scenarios,
  • Religious conversions related to communities like Sikhs, Muslims, Christians, and their treatment, and
  • Inter-faith marriages of various Indian communities and their treatment.
Investigation Services

India’s reputation as a global I.T. hub and resource provider is well established. With improvements in technology leading to ease of living and doing business in India happening on a regular basis, India has certainly progressed well in it’s journey to emerge as a global super power. Yet, despite advancements in technology there are glaring issues which are restraining India from unleashing its true and full potential. Red tapism and a huge bureaucracy have further impeded and slowed down India’s progress all of which is best reflected by the fact that information is not readily available- everything cannot be “googled”!

Consequently, in such a scenario the need to gather and/or dig out information becomes even more necessary be that in private matters or business ventures. Information is key and therefore to know what the actual ground reality about a particular issue, fact, individual or company is becomes imperative.

SMA Legal conducts investigation through its well-trained, experienced and specialized personnel for different types of assignments. We cater to specific needs of our clients across varied sectors and have a growing client base which comprises of country missions, individuals and companies.

The firm’s investigation services comprise of, but are not limited to,

  • Verification of documents issued by public and private offices in India,
  • Verification of judgments, orders and decrees issued by Indian courts,
  • Ascertaining and confirming the identity and residential addresses of individuals in custody abroad,
  • Obtaining public documents to prove identity and address on requests from foreign local authorities,
  • Obtaining birth, death, marriage, educational and employment documents from relevant Government and private offices,
  • Background checks of prospective employees, vendors, or business partners,
  • Verification of financial documents including bank and tax documents,
  • Conducting criminal record checks and inquiries,
  • Corporate Investigations,
  • Investigating fraud, embezzlement and other financial crimes.
  • Performing investigations for mergers, acquisitions, or partnerships.
  • Gathering evidence for legal proceedings.

Our findings from our investigations are compiled in comprehensive reports with verified information to enable informed decision-making.

FAQs

SMA Legal works on a PAN-India basis. With its own personnel present in over 16 cities across India, apart from its office in Chandigarh we attend to work in all regions of India. In exceptional cases, we also work in Nepal, Bangladesh and Sri Lanka in specific areas of work.

Yes, SMA Legal does provide an initial free consultation to understand our clients’ needs and requirements. We believe in establishing a clear understanding from the start to better serve our clients’ legal needs. Once the initial consultation has taken place, a case evaluation is done based on which a fee estimate is provided for the approval of the client.

SMA Legal follows globally accepted practices with regard to fees and expenses. Depending upon the work to be done, an hourly rate or a lump sum fee is proposed. No fee is charged in “percentages” or “on success basis.”

The primary objective of SMA Legal is to assist and serve our client’s needs. We do not “put fee before work”, meaning for us the work at hand matters more than the fee to be charged.

SMA Legal offers tailored due diligence services for foreign missions, encompassing background checks, risk assessments, and expert advice on local laws, compliance, and regulatory matters.

Yes, our team stays up-to-date with the latest developments in business law and regulatory requirements to help businesses in compliance. Whether you need assistance with industry-specific regulations, data privacy laws, or corporate governance matters, we have the expertise to guide you through the complexities of legal compliance.

SMA Legal offers expert legal advice on immigration matters and legal advisory services for foreign nationals coming to India. This encompasses guidance on Indian visa regulations and rules, immigration laws, ensuring compliance with the Foreigners Registration Office (FRRO) authorities, and addressing any challenges that may arise during this process.

We also specialize in liaising with Indian authorities to obtain documents required by those residing outside India and who are unable or unwilling to make the journey to India for obtaining a document to be issued by an Indian authority. These documents could be birth, death, marriage, educational certificates, land records, property ownership documents etc.

Mr. Puri, an expert witness for over 2 decades, aids law firms in the UK and US, offering opinions for asylum seekers, victims of persecution, and more. His work includes preparing reports for removal proceedings and testifying in Immigration Courts. He provides unbiased insights on Indian conditions and laws.

SMA Legal provides verification services pertaining to land records, tenants, land permits, licenses, identity, location and encumbrance check. This involves verifying existing documents from the public authority which has issued the document.