International Referral, the world’s largest exclusive network of advisory firms is delighted to introduce Jayesh Desai of Jayesh Desai Attorneys. Jayesh has joined IR as our exclusive Insolvency member in India.
Member of Bombay Bar Association since January 1984.
Jayesh Desai & Associates – 1997 – Present
Proprietorship firm engaged in general legal practice
Nature of Practice:
- Incorporated various types of private limited companies, under the Indian Companies Act as well under the Companies Act prevailing in State of Sikkim, India during 1984-85 (Sikkim).
- Handled complicated direct tax matters independently.
- Completed documentation for foreign collaborations during 1987 to 1990 for an Indian Company for transfer of know-how with an American firm of Architects for transfer of Amusement Park related know-how.
- Have handled matters related to Leisure & Hospitality Industry, have also drafted agreements for Time Sharing Concept during 1987-89, during this period this concept in Hospitality industry took roots in India.
- Handled Arbitration matters – having involvement by multinationals as well as government, & also involving various concurrent jurisdictions and laws of multiple countries.
- Drafted and handled various bank’s recovery matters in Debt Recovery Tribunal and D.R.A.T., at Mumbai; appeared mainly for banks & financial institutions, including insolvency.
- Handled documentation and contract with multinationals companies on behalf of Indian clients as well as overseas clients.
- Handled various type of documentation with Energy – Oil & Gas and related industry.
- Handled various type of documentation for Information Technology and related industry.
- Handled various cases involving complex set of laws in arbitration, domestic as well as International.
- Drafted and negotiated on behalf of client/s Profit Sharing Contract and Joint Operating Agreements, Farm-out Agreements, Secondment Agreements, Deed of Assignment with related agreements – related to Oil/Gas Exploration and Oil/Gas field developments in India having international approach to the documentation as various multinationals belonging to different countries are involved. Currently assisting one of the major Indian Company in Oil field development and exploitation for their legal requirements on regular basis.
- Prepared briefs for instructing counsels, for District Courts, High Courts and Supreme Court, as well as for arbitration matters.
- Instructed various counsels at Gujarat, Hyderabad, New Delhi, Chennai, Bangalore, Indore and Mumbai High Courts, as well as at Supreme Court of India.
- Extensively traveled abroad for and on behalf of clients to USA, Canada & UK
- Regularly handling legal documentation work, including but not limited to Will, Codicils, incorporation of Companies, Winding-up of Companies, Insolvency, Arbitration Agreements, Technology Transfer Agreements, Deed of Condominiums, Registration of Societies, Conveyance of real estate, Corporate Governance Code, Agreement related to private placement of equity, Hypothecation, Mortgage etc.
- On regular retainer of various companies.
- Assisted overseas clients for setting up their branch/subsidiary offices in India, involving complex set of permissions from RBI, FIPB, SEBI & under the Companies Act. Also assisted such companies for obtaining work permit/ work visas for their expatriate executives.
- Handled various matters regarding take over code issued by the SEBI for corporate take overs. Including merger and acquisitions. Drafted various agreements for take over and amalgamations as well as drafted and finalised various scheme for mergers for court approval.
- Assisted various Indian clients to successfully migrate to Canada and USA in association with USA and Canadian lawyers.
- Drafted E. S. O. S. (Employee Stock Option Scheme) for Private & Public Limited Companies. Including the modalities for implementing the same.
- Drafted Software Development Agreement, including rights to & of source code to be retained by a specific party to the contract & with a right to the other party to use the source code for it sown use, without right to sell.
- Drafted property development agreements from the perspective of Developer as well from the perspective of the Land Owner Society in various tricky legal and factual situations.
Education:
Mumbai University
LL.B (Bachelor of Laws) – 1984
B.A. Political Science and Psychology – 1981
If you have a requirement in this area, please get in touch with Jayesh directly or with the International Referral head office for an introduction.