Corporate restructuring often involves complex legal, financial, tax, regulatory and commercial considerations. At Osh Legal – Advocates & Solicitors, we advise companies, promoters, shareholders, investors, creditors and other stakeholders on the legal and strategic aspects of restructuring businesses and reorganising corporate, capital and ownership structures.
Our Corporate Restructuring practice combines corporate law, transaction advisory, taxation, regulatory, insolvency and dispute-resolution expertise to assist clients in implementing restructuring strategies that are legally robust, commercially viable and aligned with their long-term objectives. We advise on both consensual and court/tribunal-driven restructuring, including matters involving financially stressed businesses and insolvency-resolution processes.
Advising on the reorganisation of corporate structures, businesses, undertakings, assets, liabilities and ownership arrangements.
Advising on domestic and cross-border mergers, amalgamations and schemes of arrangement, including structuring, documentation, regulatory approvals and proceedings before the NCLT and other authorities.
Advising on the separation and transfer of businesses, undertakings and assets through demergers and other forms of corporate reorganisation.
Structuring and advising on the transfer of businesses or undertakings, including legal, regulatory, contractual and transaction-related considerations.
Advising on reduction of share capital, consolidation and subdivision of shares, alteration of capital structure, buy-back, issue of securities and other capital-reorganisation measures.
Advising companies, promoters, lenders and other stakeholders on restructuring of financial and operational liabilities, creditor arrangements and negotiated restructuring solutions.
Advising stakeholders on restructuring options for distressed businesses, including pre-insolvency restructuring, creditor negotiations, business reorganisation and strategies for preserving enterprise value.
Advising corporate debtors, creditors, resolution applicants, promoters and investors in relation to restructuring and resolution strategies under the Insolvency and Bankruptcy Code, 2016, including the structuring and implementation of resolution plans. The IBC framework expressly contemplates restructuring measures including merger, amalgamation and demerger as part of resolution plans.
Advising eligible businesses and stakeholders on applicable restructuring and resolution mechanisms, including pre-packaged insolvency resolution where applicable.
Developing legal strategies for revival, rehabilitation and restructuring of businesses facing financial, operational or regulatory stress.
Advising on changes in ownership, promoter arrangements, shareholder rights, exit mechanisms, strategic investments and realignment of control.
Advising on restructuring of joint ventures, strategic alliances, shareholder arrangements and business relationships.
Advising on restructuring involving foreign shareholders, investments, cross-border mergers and other transactions requiring consideration of FEMA and related regulatory requirements.
Advising on restructuring transactions involving regulated sectors and businesses requiring approvals or compliance with sector-specific laws and regulations.
Working with the Firm’s tax and regulatory professionals to identify and address the tax, GST, FEMA and other regulatory implications of proposed restructuring transactions.
Conducting legal reviews and identifying contractual, regulatory, corporate, litigation and other legal risks relevant to proposed restructuring transactions.
Drafting and reviewing schemes, transaction documents, restructuring agreements, shareholder arrangements, JV Agreements, board and shareholder resolutions and related documentation, and assisting with implementation and regulatory processes.
Advising and representing clients in disputes arising from restructuring transactions, shareholder arrangements, creditor claims, corporate actions and implementation of restructuring plans before appropriate courts and tribunals.
At Osh Legal, we recognise that no two restructuring situations are alike. A successful restructuring requires an understanding of the client’s corporate structure, financial position, stakeholder interests, contractual arrangements, regulatory environment and long-term commercial objectives.
Our approach begins with a comprehensive assessment of the business, ownership structure, assets and liabilities, existing contractual obligations, regulatory requirements, tax considerations and potential legal exposures. Based on this assessment, we work with clients and their financial and other professional advisers to identify the most appropriate restructuring options and develop an implementation strategy.
We place particular emphasis on value preservation, legal certainty and stakeholder alignment. Whether the objective is to reorganise a profitable business, separate business verticals, rationalise capital, restructure debt, attract strategic investment or revive a financially stressed enterprise, we seek to develop structures that are legally sustainable and commercially practical.
Where a restructuring involves multiple regulatory or professional disciplines, our multidisciplinary approach enables corporate, legal, tax, regulatory, financial and dispute-related considerations to be evaluated together. This is particularly important in complex restructuring transactions where a decision taken in one area may have significant consequences in another.
For distressed businesses, our approach is focused on early intervention and preservation of enterprise value. We evaluate available restructuring and resolution mechanisms, creditor and stakeholder considerations, potential litigation risks and implementation challenges, with the objective of developing a strategy that maximises the prospects of a sustainable outcome.
Where restructuring gives rise to contentious issues, our corporate and disputes teams work together to protect the client’s position and pursue appropriate remedies before the relevant judicial, regulatory or arbitral forum.
To help clients navigate complex restructuring with clarity, preserve value, manage risk and build sustainable corporate structures for the future.
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